I'm having a bit of difficulty in getting information on how I would go about changing my currently active single owner LLC (NYS) to a Corporation - Subchapter S - NYS.
I know I will need a new EIN# but I'm afraid if I just file the paperwork for a new corporation, the Dept of State will reject it because the name I need to use is already in use -by me. I see this as a Catch 22 and I would be grateful for any suggestions on how this issue might be resolved.
Thank you.

I think what you should be trying to do is to create a New C Corporation (and then later convert to an S Corp) using the same name as the LLC, but with a new EIN#.

This is fairly common and what you need to do is have an Agent do the paperwork to open the the new C Corporation and include a letter on the LLC letterhead, stating that you give consent to use the same name to open a C Corporation.

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