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Forming your business entity & getting an EIN

~6 min read · Updated June 2026

This is step one for a reason: banks and payment processors underwrite a business, not a person. You can't open a business bank account or get approved for a high-risk merchant account without a registered entity and a federal tax ID. Set this up first and the rest of your launch unlocks.

Why you need a formal entity

Choosing a structure

Most small founders start with an LLC — flexible, relatively simple, and offering liability protection. Some choose an S-corp election later for tax reasons, or a C-corp if they plan to raise outside investment. There's no one right answer; this is a good question for an accountant who can weigh your tax situation.

Forming the entity (typical steps)

Getting your EIN

An EIN (Employer Identification Number) is your business's federal tax ID. You apply directly with the IRS — it's free. The online application (Form SS-4) typically issues an EIN immediately for U.S. applicants. Beware third-party sites that charge a fee to "get your EIN" — you can do it yourself at no cost on the official IRS website.

You'll use your EIN to open bank accounts, apply for payment processing, file taxes, and register with your state.

State registrations that follow

A sensible order

Name → form the LLC → get the EIN → open business banking → start the high-risk merchant application → register for sales tax as needed. Doing it in this order means you never get blocked waiting on a missing prerequisite.

Next: the money

With your entity and EIN in hand, you're ready to open business banking and — most importantly — start your payment-processing application, which is the longest lead-time item in your launch.

Business banking guide →

Keep reading

→ Business banking for a research peptide company → High-risk payment processing & getting a merchant account → The complete startup checklist

This guide is general information, not legal, tax, or financial advice. Entity and tax requirements vary by state and change over time. Consult a qualified attorney and accountant for your situation.