AboutDavid K. Staub Expertise I am a business and tax attorney and have spent more than 30 years assisting people in buying, selling, merging and spinning off businesses. I can answer questions on the mergers and acquisitions process and the related legal issues, in general. Topics can include structuring the transaction, negotiating the deal, conducting due diligence, and more. I can also guide people to find sources for answers to specific legal questions which cannot be answered in a forum of this nature.
Experience
Experience in the area I have been an Illinois business attorney for almost 30 years. I have an extensive practice in the mergers and acquisitions area and have been involved in the tax and legal issues on hundreds of business transactions.
Organizations Illinois State Bar Association;
Chicago Bar Association (former Chairman of the Corporation & Business Law Committee and former Chairman of the Mergers and Acquisitions Subcommittee; former Executive Committee member, Federal Tax Committee and Chairman of subcommittee on general tax issues); Glenkirk Foundation (Trustee; Vice-Chairman/Strategic Planning); Association for Corporate Growth, Chicago Chapter; Midwest Entrepreneur Forum; Midwest Association of Alpha Delta Phi - President
Publications Commerce Magazine; YLS Journal; ISBA Section of Taxation Newsletter
Education/Credentials Harvard Law School, J.D., 1977; University of Illinois, B.S. in Accounting, with highest honors, 1974
Disclaimer Responses are intended to be informational only. No response is intended to constitute legal advice or create an attorney-client relationship. Online advice is not a substitute for consultation with an attorney.
I own a S Corp (Company 1). Will be acquiring the assets of another S Corp (Company 2). I plan to make company 2 a Qsub S of company 1. Can I use the EIN of company 2 or must I apply for a new EIN?
Thank you
Answer I am afraid your facts are a little inconsistent, but I will answer both possibilities.
On the one hand, you say that you are acquiring the ASSETS of Company 2. In that case, even if you set up a new company named Company 2, it must get its own FEIN.
If, on the hand, you are acquiring the STOCK of Company 2 (and, indirectly, thereby acquiring its assets), then Company 2 should continue to use its FEIN, even if it is now a QSub of another S Corp.
If I still have not answered your real question, please feel free to ask me again.
