If your business mailing address or business location has changed, or if the identity of your responsible party has changed, you must notify the Internal Revenue Service (IRS) of these changes within 60 days of the change by filing Form 8822-B, Change of Address or Responsible Party – Business, with the IRS. It takes the IRS four to six weeks to process the address or responsible party update.
When to File – Use Form 8822-B to note if the change of address affects employment, excise, income and other business returns (Forms 720, 940, 941, 1041, 1065, 1120, etc.); employee plan returns (Forms 5500, 5500-EZ, etc.); or if it affects the business location.
Responsible Party – Any entity with an Employee Identification Number (EIN) is required to report any changes in its responsible party within 60 days of the change. The responsible party is originally identified on the Form SS-4, Application for Employer Identification Number.
The responsible party is defined as the person who ultimately owns or controls the entity or who exercises ultimate effective control over the entity. The person identified as the responsible party should have a level of control over, or entitlement to, the funds or assets in the entity that, as a practical matter, enables the person, directly or indirectly, to control, manage, or direct the entity and the disposition of its funds and assets.
Unless the business is a government entity, the responsible party must be an individual (a natural person) not an entity.
For entities with shares or interests traded on a public exchange, or which are registered with the Securities and Exchange Commission, “responsible party” is (a) the principal officer, if the entity is a corporation; or (b) a general partner, if a partnership. The general requirement that the responsible party be an individual applies to these entities.
For tax-exempt organizations, the responsible party is generally the same as the “principal officer” as defined in the Form 990 instructions.
For government entities, the responsible party is generally the agency or agency representative in a position to legally bind the particular government entity.
For trusts, the responsible party is a grantor, owner, or trustor.
For decedent estates, the responsible party is the executor, administrator, personal representative, or other fiduciary.
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