I'm non US resident but have formed an LLC in WY and now I need to obtain an EIN. Having no SSN/ITIN or other LLC's EIN it is somehow difficult. On the other hand applying online takes 7 minutes. Can anybody help me? I will pay for your assistance but need the EIN by Monday.
You should retain a lawyer, or another qualified individual, to act as the third party designee for the corporation (if you do not have a partner or co-owner who is a US citizen).
The designee should prepare Form SS-4 (Application for Employer Identification Number) and Form 8821 (Tax Information Authorization) for the corporation’s president to sign and return.
You need an ITIN before you can get an EIN.
To obtain an ITIN, you must complete IRS Form W-7, IRS Application for Individual Taxpayer Identification Number (http://www.irs.gov/pub/irs-pdf/fw7.pdf) . The Form W-7 requires documentation substantiating foreign/alien status and true identity for each individual. You may either mail the documentation, along with the Form W-7, to the address shown in the Form W-7 Instructions, present it at IRS walk-in offices, or process your application through an Acceptance Agent authorized by the IRS.
The EIN is then a 5 minute online process at www.irs.gov.
You do not need a SSN or ITIN to obtain an Employer Identification Number (EIN).
I have obtained EIN’s for multiple foreign clients without Social Security Numbers or ITIN.
In my post, http://www.mollaeilaw.com/blog/how-can-a-foreign-company-obtain-an-employer-identification-number-ein-in-united-states, I provide detailed instructions that anyone can use to apply for an EIN as a foreign business without a Social Security Number or ITIN.
Best of luck!
If you are a nonresident for U.S. tax purposes, you do not need an ITIN or an SSN to apply for an EIN for an entity.
The online application process is the fastest, but this system is not available for nonresidents. You need to download and fill out a Form SS-4 for your company and name yourself as the responsible party. In the field where it asks for your "SSN, ITIN, or EIN" enter the word "FOREIGN" to indicate you are a nonresident. Mail or fax the completed form to the IRS and wait for them to assign your EIN. Alternatively, you can contact the IRS via phone and fax the form to the representative once they provide you with their dedicated fax number.
Before I answer your question, allow me to clear a few myths that may be haunting you.
Myth #1 – An EIN costs money: This is false. EINs are completely free ($0) from the IRS. The only reason you will pay money is if you hire someone to get your EIN for you. While you certainly can hire someone to get your EIN, you can also apply for an EIN yourself. It’s not complicated, and this article will walk you through the steps.
Myth #2 – You need to be a US citizen or US resident to get an EIN: This is false. You do not have to be an American to get an EIN. You do not have to be a U.S. citizen to get an EIN. And you do not have to be a U.S. resident to get an EIN either. In fact, there are no citizenship or residency requirements to forming an LLC in the U.S. and there are no citizenship or residency requirements for getting an EIN for your LLC. If you complete Form SS-4 properly (which we’ll show you below), the IRS will give you an EIN for your LLC.
Myth #3 – You need an SSN to get an EIN: This is false. You do not need an SSN (Social Security Number) to get an EIN. You only need an SSN (or ITIN) if you want to apply for an EIN online. You can get an EIN without an SSN by sending Form SS-4 to the IRS by mail or fax.
Myth #4 – You need an ITIN to get an EIN: This is false. You do not need an ITIN (Individual Taxpayer Identification Number) to get an EIN. In fact, you cannot even apply for an ITIN unless you need to file a U.S. tax return. Meaning it’s impossible to get an ITIN before forming your LLC because the LLC would first need to exist and generate income for a tax year, then when April 15th of the following year comes around, you would submit your U.S. tax return along with your ITIN application. You can get an EIN without an ITIN by sending Form SS-4 to the IRS by mail or fax.
Myth #5 – You need a Third-Party Designee to get an EIN: This is false. You are not required to use a Third-Party Designee to get an EIN. You only need to use a Third-Party Designee if you are hiring someone to get your EIN, not if you are applying for the EIN yourself. You can get an EIN without a Third-Party Designee by sending Form SS-4 to the IRS by mail or fax.
Myth #6 – You need an attorney or accountant to get an EIN: This is false. While yes, you can certainly hire an attorney or an accountant to help you get an EIN (they’ll act as your Third-Party Designee), you are not required to do so. You can get an EIN without an attorney or an accountant by sending Form SS-4 to the IRS by mail or fax.
Myth #7 – You can get an EIN online: This is false. You cannot get an EIN online unless you have an SSN or ITIN. And even if you have an ITIN, many foreigners get an error message (an IRS reference number) at the end of the online EIN application and end up having to use Form SS-4. You can get an EIN by sending Form SS-4 to the IRS by mail or fax.
Myth #8 – You need to call the IRS to get an EIN: This is false. While yes, the IRS does have a department called the International EIN Department (1-267-941-1099), as a foreigner who is formed a U.S. LLC, you cannot call this number to get your EIN. This phone number is used for companies that were formed outside of the U.S., not companies formed inside the U.S. that are owned by foreigners. You can get an EIN by sending Form SS-4 to the IRS by mail or fax.
Myth #9 – You need a U.S. address to get an EIN: This is false. You do not need a U.S. office address or U.S. mailing address to get an EIN. The IRS just needs a “mailing address”, which can be a U.S. address, or it can be a non-U.S. address. However, if you want to open a U.S. bank account for your LLC, it looks much better when your EIN Confirmation Letter shows a U.S. address. For this reason, we recommend hiring Northwest Registered Agent ($125 per year). Northwest will let you use their address for your Registered Agent address, your LLC’s office address, and your EIN application so you can open a U.S. bank account for your LLC. Any mail that is sent to your LLC will be scanned by them and uploaded to your online account.
Reading your question, I believe your problem is very urgent. In that case I can give you following advice:
1. Get a Business Lawyer
2. Prepare your EIN application
3. Contact the IRS and receive your EIN.
Form SS-4 is called the Application for Employer Identification Number (EIN). Once you fill out Form SS-4 you can then send it to the IRS by mail or fax. Fax has a faster approval time than mail. Make sure your LLC is approved first before applying for your EIN to avoid having an EIN attached to the wrong LLC name (if your LLC filing gets rejected). You will also want to send to the IRS your LLC approval along with the EIN application. The name of your LLC approval form will vary depending on the state, but it will either be a stamped/approved Articles of Organization, Certificate of Organization, or Certificate of Formation. However, if you apply for your EIN first and your LLC is later approved, then there are no issues. The IRS does not check to make sure an LLC exists first before getting an EIN, so if the LLC name on your state forms matches your EIN Confirmation Letter, you are good. If you apply for your EIN first and then your LLC is rejected because of a name conflict, you’ll need to resubmit your LLC filing forms, get a new EIN, and then cancel your first EIN. You do not have to wait for your first EIN to be cancelled before getting a new EIN. The only exceptions are if you are forming an LLC in Louisiana or West Virginia where you may need to get your EIN before forming your LLC.
Steps to complete EIN Application (Form SS-4) for foreigners:
1. Download Form SS-4:
2. IRS Instructions for Form SS-4:
3. Complete Form SS-4 by hand or on your computer:
You can either print the form, fill it out by hand (use a black pen), then sign; or, you can type in the form on your computer, then print and sign.
4. USE CAPITAL LETTERS:
If you are filling out Form SS-4 by hand, we recommend using ALL UPPERCASE letters. The IRS prefers UPPERCASE letters, and this can help speed up your EIN application.
Besides if you do have any questions give me a call: https://clarity.fm/joy-brotonath