Is an EIN Public Record?
Yes for 2 kinds of entity and no for every other business. An EIN is public record when the holder files with the SEC, whose Form 10-K cover page prints it, or is a tax-exempt organisation, whose Form 990 is open to inspection under 26 U.S.C. § 6104. A private company’s EIN is confidential return information under 26 U.S.C. § 6103, and no IRS database publishes it.
The short answerAn EIN is public record for 2 kinds of entity: companies that file with the SEC, whose Form 10-K cover page prints it, and tax-exempt organisations, whose Form 990 is open to inspection under 26 U.S.C. § 6104. Every other EIN is confidential return information under 26 U.S.C. § 6103, and the IRS runs no public search for it. 49 of the 50 state business registries do not display the federal EIN; Florida's Sunbiz record is the exception. The IRS does not reassign an EIN after misuse; business identity theft is reported on Form 14039-B.
Which law decides whether an EIN is public?
Two sections of the Internal Revenue Code pull in opposite directions. Section 6103 makes return information confidential; section 6104 carves out exempt organisations and makes their filings public. Securities law adds the SEC filers.
| Record | Carries the EIN | Open to the public | Legal basis | Cost to read |
|---|---|---|---|---|
| Form 10-K / 10-Q cover page (SEC registrants) | Yes, labelled I.R.S. Employer Identification No. | Yes, on EDGAR since 1993 (full-text search since 2001) | Securities Exchange Act of 1934 disclosure rules | $0 |
| Form 990 series and exemption application (nonprofits) | Yes, page 1 | Yes, via IRS Tax Exempt Organization Search and Form 990 data | 26 U.S.C. § 6104 | $0 |
| Form 990-PF (private foundations) | Yes, page 1 | Yes | 26 U.S.C. § 6104 | $0 |
| Business tax returns (1120, 1120-S, 1065, 941) of a private company | Yes | No | 26 U.S.C. § 6103 confidentiality | Not available |
| Form SS-4 application and CP-575 notice | Yes | No | 26 U.S.C. § 6103 | Not available |
| State Secretary of State registry record | Not in 49 states; yes in Florida (FEI/EIN field) | Registry is public; the EIN field is absent in 49 states | State corporation statutes | $0 |
| Forms W-9, 1099, W-2 held by counterparties | Yes | No; held privately by each recipient | Payee certification and information-return rules | Not available |
Sources: 26 U.S.C. §§ 6103 and 6104; SEC EDGAR; IRS Tax Exempt Organization Search [1], [2], [3], [4].
What do the 2 statutes and the SEC rules say in numbers?
Section 6103 carries criminal and civil penalties for disclosure; section 6104 sets which filings are open; the SEC deadlines set how fast a public company’s EIN appears in a new filing.
| Rule | What it does | The numbers |
|---|---|---|
| 26 U.S.C. § 6103 | Makes returns and return information, including a private company's EIN, confidential | Applies to every return the IRS holds; exceptions are enumerated in the section's subsections |
| 26 U.S.C. § 7213 | Criminal penalty for unauthorised disclosure by an IRS employee or other covered person | Fine of up to $5,000, imprisonment of up to 5 years, or both |
| 26 U.S.C. § 7431 | Civil damages for unauthorised disclosure | The greater of $1,000 per act or actual damages |
| 26 U.S.C. § 6104 | Opens exempt organisations' applications and Form 990 series returns to public inspection | Form 990 is due the 15th day of the 5th month after year end (May 15 for calendar-year filers); Form 990-N applies at gross receipts of $50,000 or less |
| Securities Exchange Act of 1934 periodic reports | Require the I.R.S. Employer Identification No. on the cover of Forms 10-K and 10-Q | 10-K due 60, 75 or 90 days after fiscal year end by filer size; 10-Q due 40 or 45 days after quarter end |
| 31 CFR § 1010.230 | Requires banks to collect beneficial-owner identity for legal-entity customers | Owners of 25 percent or more, plus 1 controlling person |
| 26 U.S.C. § 6109 | Requires the identifying number on every return and on information returns | Form 1099-NEC is due by January 31 for payments of $600 or more; a missing TIN triggers 24 percent backup withholding |
| Form 990-EZ and Form 990-N thresholds | Set which exempt organisations file the short forms whose data the IRS publishes | Form 990-EZ: gross receipts under $200,000 and total assets under $500,000; Form 990-N: gross receipts of $50,000 or less |
| Form 14039-B | Business Identity Theft Affidavit | Filed with the IRS when a return, notice or 1099 appears under your EIN that you did not file or issue |
Sources: 26 U.S.C. §§ 6103, 6104, 7213, 7431 via Cornell LII; IRS, About Form 990; SEC periodic-report rules [1], [2].
When is an EIN public, and how do you look it up?
When the holder is an SEC registrant or a tax-exempt organisation. Search EDGAR by company name or by the number itself for the first; use the IRS Tax Exempt Organization Search, by name or EIN, for the second.
Both searches run in either direction and cost $0, which is what separates these 2 groups from everyone else: the IRS and SEC publish the number on purpose. The step-by-step searches are on the EIN search by company name page (name to number) and the reverse EIN lookup page (number to name), and the public EIN list collects the EINs of the 500 largest SEC registrants from their filing headers.
When is an EIN not public, and who can still see it?
For every private company. The IRS discloses it to nobody, but the business itself hands it to 6 kinds of counterparty in the normal course of trade, so dozens of people hold a copy within a year.
| Who sees it | On which document | Why they are entitled to it |
|---|---|---|
| Every client that pays $600 or more a year | Form W-9, then the Form 1099-NEC they file | They must report the payment under your TIN or withhold 24% |
| Every employee | Form W-2, box b | Wage reporting requires the employer EIN |
| The bank and any payment processor | Account application; Form 1099-K | KYC under 31 CFR § 1010.230 and 1099-K reporting |
| The IRS | Every return and deposit | 26 U.S.C. § 6109 requires the identifying number |
| State revenue and labor agencies | Withholding, unemployment and sales-tax registrations | State accounts are keyed to the federal number |
| Lenders and landlords | Credit and lease applications | Contractual; they pull the business credit file |
| Payroll provider | Forms 941 (quarterly: April 30, July 31, October 31, January 31) and 940 (annual) | Deposits and returns are filed under the employer EIN |
| Retirement plan administrator | Form 5500 annual return | Filed under the plan sponsor's EIN by July 31 |
| Customers paying more than $10,000 in cash | Form 8300 | Filed by the business within 15 days under its EIN |
| Foreign payees | Form 1042-S | Filed under the withholding agent's EIN by March 15; 10 or more information returns must be e-filed |
| Excise tax filers | Form 720 (quarterly) and Form 2290 (heavy highway vehicles, by August 31) | Filed under the business EIN |
None of those recipients is permitted to publish it, and none of them feeds a public database. A stranger who holds a private company’s EIN got it from a document the business issued, or from a broker that scraped one.
What can someone do with your EIN, and what do you do if it leaks?
Alone, little; combined with the legal name, address and an officer’s identity, it has been used for false returns and trade-credit fraud. The IRS calls this business identity theft and takes reports on Form 14039-B. The number itself cannot be changed.
The 3 warning signs are an IRS notice about a return you did not file, a Form 1099 or W-2 you did not issue, and a credit inquiry on the business file you did not authorise. File Form 14039-B, keep filing your own returns on schedule so the IRS sees the legitimate filer, and tell the bank. The IRS issues 1 EIN per entity and does not reassign it after a leak; a new number comes only with a new legal entity, as the when you need a new EIN page explains. An EIN is still the safer number to hand out: the EIN vs SSN page covers why sole proprietors use one for exactly that reason.
Which IRS lines handle an EIN privacy problem?
Two phone lines and 3 fax numbers, all free. The Business and Specialty Tax Line confirms your own EIN and takes the first call about misuse; the SS-4 fax lines issue a replacement entity’s number if a new legal entity is formed.
| IRS line | Number | Hours | Use it for |
|---|---|---|---|
| Business and Specialty Tax Line | 800-829-4933 | Monday-Friday, 7 a.m. to 7 p.m. local time | Letter 147C; reporting a return or notice you do not recognise; Form 14039-B follow-up |
| International EIN line | 267-941-1099 | Monday-Friday, 6 a.m. to 11 p.m. Eastern time | Non-US responsible parties with the same questions |
| Fax, US-based entities | 855-641-6935 | 24 hours | Form SS-4 for a new legal entity (4 business days) |
| Fax, no US residence, from inside the US | 855-215-1627 | 24 hours | Form SS-4 with Foreign on line 7b |
| Fax, no US residence, from outside the US | 304-707-9471 | 24 hours | Form SS-4 with Foreign on line 7b |
Sources: IRS, Telephone assistance contacts for business customers; Instructions for Form SS-4, Where To File or Fax; IRS Identity Theft Central [5], [7].
How do you get an EIN, and is the application public?
From the IRS at $0 on Form SS-4: 15 minutes online with an SSN or ITIN, 4 business days by fax with the word Foreign on line 7b without one. The application and the CP-575 notice are return information and are never published.
ein-number.com prepares and files the form for $69 (Standard) or $99 (Fast, filed within 24 hours), with a second reviewer on every line and a full refund if an error on our side causes a rejection. Those prices are public; your application is not.
Get an EIN filed right, from $69What else do people ask about EIN privacy?
Is an EIN public record?
For 2 kinds of entity, yes, by federal law: companies that file with the SEC print the EIN on the cover of every Form 10-K and 10-Q, and tax-exempt organisations' returns are open to inspection under 26 U.S.C. § 6104. For every other business the EIN is return information, confidential under 26 U.S.C. § 6103, and no IRS or federal database publishes it.
Can anyone look up my business EIN?
Only if your business is 1 of the 2 public categories. A private LLC, corporation or sole proprietorship appears in no IRS, SEC or federal search, and 49 of the 50 state registries index by name and do not display the federal number. People who hold your EIN hold it because you gave it to them on a W-9, a 1099, a W-2 or a contract.
Is an EIN confidential information?
Legally it is return information protected by 26 U.S.C. § 6103, which bars IRS employees from disclosing it and carries criminal penalties under 26 U.S.C. § 7213. Practically it is semi-private: a business hands it to every client that files a 1099, every employee on a W-2 and every bank, so treat it as a number to share on request, not a secret to post.
Why is a nonprofit EIN published but a private company's is not?
Because Congress wrote 2 different rules. 26 U.S.C. § 6104 requires an exempt organisation's application (Form 1023 or 1024) and annual Form 990 to be open to public inspection, so the IRS publishes them and the EIN with them, in exchange for the tax exemption. A for-profit company's return is covered by § 6103 confidentiality, so nothing in it, including the EIN, is released.
Does my state publish my EIN?
Most states do not: 49 of the 50 Secretary of State registries show the legal name, formation date, status and registered agent but not the federal EIN. Florida's Division of Corporations is the exception; its Sunbiz record carries an FEI/EIN Number field. States that collect the EIN on payroll or sales-tax registrations keep it in tax accounts that are not public.
Can someone steal my business identity with my EIN?
An EIN alone opens little, but combined with the legal name, address and an officer's details it has been used to file false returns, open trade credit or divert refunds. The IRS tracks this as business identity theft and takes reports on Form 14039-B, the Business Identity Theft Affidavit. Watch for an IRS notice about a return you did not file or a 1099 you did not issue.
Should I change my EIN if it leaks?
You cannot in the way you cancel a card. The IRS issues 1 EIN per entity for its life and does not reassign it; a new EIN is issued only when the legal entity changes, for example a sole proprietorship incorporating. If misuse occurs, file Form 14039-B, keep filing your own returns on time, and monitor the business credit file under the same name.
Is an EIN safer to share than an SSN?
Yes, which is why the IRS lets sole proprietors obtain one. An SSN identifies a person for life and unlocks personal credit, benefits and the 1040; an EIN identifies the business only. A sole proprietor who puts an EIN instead of an SSN in Form W-9 Part I keeps the personal number off every 1099 a client files, and the IRS charges $0 for the EIN.
Where does an EIN become visible in practice?
On 6 kinds of document that leave the business: Form W-9 given to clients, Form 1099 filed by those clients, Form W-2 given to employees, Form 941 and other returns filed with the IRS, bank and payment-processor applications, and state licence or payroll registrations. For SEC filers add the 10-K cover page; for nonprofits add Form 990, which the IRS publishes in full.
Can I get an EIN without an SSN, and does that change the privacy answer?
Yes and no. Form SS-4 line 7b accepts the word Foreign, so a founder with no SSN or ITIN gets an EIN by fax in 4 business days at $0. The privacy rule does not change: the EIN is confidential return information under § 6103 whether the responsible party holds an SSN or not, and the application itself is never published.
Which primary sources back this page?
Every fee, deadline, form number and phone line above is taken from the 8 official documents below. No third-party blog is cited.
- Cornell LII. 26 U.S.C. § 6103 — Confidentiality and disclosure of returns and return information
- Cornell LII. 26 U.S.C. § 6104 — Publicity of information required from certain exempt organizations
- SEC. EDGAR full-text search
- IRS. Tax Exempt Organization Search
- IRS. About Form 990, Return of Organization Exempt From Income Tax
- IRS. Employer Identification Number
- IRS. Identity Theft Central (individuals, businesses, tax professionals)
- IRS. Form 14039-B, Business Identity Theft Affidavit (PDF)