LLC Formation & Entity SetupAnswered

A formation nominee ended up on our EIN application. Can Form 8822-B fix that after the fact?

E1
elena_15casubscriber
April 10, 2026 1,949 views 1 answer
nomineeform-ss4form-8822-bentity-setupresponsible-partyein

When our LLC was formed, the service provider used a nominee during setup and that person ended up tied to the EIN application. We now understand that the nominee should never have been treated as the real responsible party, but the IRS record may still reflect that old setup. I am worried that notices or identity issues could surface later if we leave it untouched.

I need to know whether the IRS explicitly tells businesses to correct nominee information and whether Form 8822-B is the tool for that repair. If so, I want to fix it before any IRS correspondence goes to the wrong person.

Related Questions

Entity SetupAnswered

We replaced the founder who controls the LLC. Do we really need Form 8822-B within 60 days?

Our company changed hands internally and the person who actually controls the entity is not the same founder who was listed on the original EIN filing. It is easy to treat that as an internal paperwor...

CF
casey_f46d·Apr 8, 2026
1,8391
Entity SetupAnswered

Our bank and state records are current, but the IRS mailing address may still be old. Is that really a big enough risk to fix immediately?

Part of the team thinks this is mostly theoretical because most communication is digital now anyway, and the company has already updated the operational systems it actually uses day to day. But I am l...

KC
karolina_c4f7·Oct 6, 2025
1,6211
Entity SetupAnswered

We got an EIN for a startup that never really launched. Can we just abandon it, or should we close the IRS account properly?

The business never got beyond setup and testing, so part of me wants to leave the whole file alone and move on. But I also know the IRS does not really think about these things the same way founders d...

S3
sergey_3044·Oct 2, 2025
1,6991
Entity SetupAnswered

We changed registered agents months ago. Do we also need to tell the IRS separately?

The state records are updated and the new registered agent is in place, so internally we thought the address housekeeping was finished. Then someone pointed out that the IRS may still be working off t...

K0
khaled_004e·Oct 1, 2025
1,8341
Entity SetupAnswered

Our new multi-member LLC has only foreign founders and no one based in the U.S. Who can serve as partnership representative?

We are two founders from Spain and Portugal, and the LLC only became a partnership this year after we formalized shared ownership. None of us lives in the United States, and our accountant is also out...

LU
luis_us_506e·Nov 10, 2025
1,7181
Entity SetupAnsweredFeatured

A U.S. tax preparer told me to elect S corporation status for payroll savings, but I am still a nonresident alien. Is that even allowed?

I am a founder from Turkey with a New Mexico LLC. The business is profitable enough that people keep bringing up the classic S-corp strategy for reducing self-employment tax, but every time I read the...

DC
deniz_ceba·Nov 9, 2025
2,2941
Entity SetupAnswered

Relay says my international application may need a U.S. operating presence. What kind of fact pattern are they looking for?

I live in Malaysia and my Delaware LLC is fully active online, but the founders are all abroad. Relay's support content says some international applicants may need to show a U.S. operating presence an...

AD
adam_d58e·Jul 3, 2025
1,7651
Entity SetupAnswered

I want my LLC's corporate election to start January 1, but we are already in April. Is Form 8832 still enough by itself?

I am a founder from the UAE with a Delaware LLC that started operating this year. We only now realized the classification decision should probably have been made at the start of the year, but we are a...

O8
omar_8277·Nov 6, 2025
2,0861
Entity SetupAnswered

We elected corporate treatment last year and already regret it. Can we just switch back now?

My cofounder is from Egypt and I am from Jordan. We changed the LLC to corporate treatment last year because a prior adviser said it would make everything simpler, but now the compliance path feels he...

MA
mina_a988·Nov 8, 2025
1,8611
Entity SetupAnswered

Relay mentions I may use a registered agent address in some cases. Is that actually reliable for a foreign founder?

I am in Germany and considering Relay instead of Mercury because I want better cash buckets and bookkeeper access. Relay's help center says a registered agent address may be usable in some situations,...

JA
jonas_aa52·Sep 18, 2024
2,3301

Have a similar question?

ForeignLLCTax members get expert answers with IRS citations. One CPA consultation costs $200+. Full access is $9.99/month.

Become a Member — $9.99/mo

Disclaimer: All content on ForeignLLCTax.com is created by a tax professional and is provided for general educational and informational purposes only. It does not constitute tax, legal, or accounting advice, and should not be relied upon as such. Every tax situation is different — for advice specific to your circumstances, please consult a licensed CPA, Enrolled Agent, or tax attorney. By using this website, purchasing a subscription, or accessing any tools or services, you acknowledge that no client-professional relationship is established between you and ForeignLLCTax.com or its operators. This website is not affiliated with the IRS.

Watch the walkthroughs