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Name conflicts at the IRS level — fixing code 101

Why state-approved names still fail at the federal level, and exactly what to do when they do.
Related · code 101Related · code 108citeIRS Pub 1635

The two databases

Your state and the IRS check different lists

State Secretaries of State check name uniqueness against active filings in their state only. The IRS checks against a nationwide database that includes dissolved entities, disregarded entities, and entities filed in other states. A name that's state-unique can still trip code 101 at the IRS.

Three patterns

What usually triggers 101

Most 101 rejections fall into three buckets: a previously dissolved entity still has an open IRS record, an active out-of-state entity has a substantially similar name, or punctuation/designator differences (LLC vs L.L.C.) collapse to the IRS's matching threshold.

The fix

Mail or fax SS-4 — agent review can clear it

Online retry with the same name will fail again. File SS-4 by mail or fax; an IRS agent reviews and either accepts the name with documentation or returns a notice requiring you to amend the name with the state first.

Expectation-setting
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