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By The Wyoming LLC Attorney Team

Jun 24, 2022
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Foreign EIN for US Company

How to Start an LLC

Summary

This article provides essential information about obtaining an EIN for foreign-owned companies in the United States. It emphasizes the necessity of an EIN for various purposes, including tax filings, hiring employees, and opening a business bank account. The article also highlights the required information and considerations for the application. It's a valuable resource for non-resident business owners navigating the U.S. tax system.

What's an Employer ID (EIN)?

Every foreign-owned company needs an Employee Identification Number (EIN). Banks require it and the IRS requires it for filing form 5472. This rule applies to all Limited Liability Companies and Corporations. People also call them:

  • Federal Employer Identification Number (FEIN)
  • Employer ID
  • Federal Tax Identification Number (FTIN)
  • Federal Tax ID

This page is for obtaining an EIN for non-residents (those without an SSN or ITIN). Otherwise, please use our guide to get an EIN as a resident.

Does the IRS Require an EIN?

For non-residents, the Internal Revenue Service will always require an EIN. This is for annual filings, plus it's needed to:

  • Have Employees
  • Have More Than One Member
  • If You're a Corporation or Partnership
  • Open a Business Bank Account
  • When You File Income or Excise Taxes

An EIN is also important for asset protection. It allows you to open a business bank account and prevents the comingling of funds, i.e. when your personal business funds are in the same account it becomes hard for the court to protect just your business assets.

A DBA or Sole-Prop doesn't have a corporate veil, but keeping revenue and expenses separate from your personal account makes it easier to run the company. You can see what the company is earning or losing, and makes it easier in case you want to sell the company.

Learn More About Relay’s Free Business Banking

Required Information for EIN

The SS4 document must be complete when you fax it, otherwise, the IRS will fax the application back with a rejection notice. Most required information is on the Certificate or Articles provided by the state:

  • The Responsible Party
  • Name of the Company
  • Mailing Address
  • Type of Entity, e.g. LLC, Corporation, DBA...
  • Date of Formation
  • Reason for Applying, e.g. will have employees
  • Expected Number of Employees & First Date Paying Them
  • Industry & Specific Line of Business

In addition to the above, please also keep in mind:

  • The IRS is open from 7 AM to 10 PM EST
  • They are not open on holidays
  • There is maintenance around the New Year
  • The responsible party may only obtain 1 FEIN per day
  • You cannot change the responsible party, company name, or address online
  • The SS4 will be faxed back and CP 575 G will be mailed

How to Apply for a Free EIN

The best way for a non-resident to apply for an EIN is to fax an SS4 application in. You can mail in the SS4, but this only makes the process longer given the mailing time. Only those with an SSN or ITIN can apply online.

If you are faxing the SS-4, you can find the form on the IRS website.

Once faxed, the SS-4 will be faxed back and the CP 575 G will be mailed to your business address. If we receive it, then we scan it to your client portal and email you a notification. The application can take from 3 days to 4 weeks, depending on the time of year, e.g. whether it's tax season or a national holiday.

Step-by-Step Guide to Complete the SS4

  1. Go to the FEIN Application, found on the IRS website
  2. Box 1: Enter the Company's Full Name
  3. Box 2: Enter the DBA or Trade Name (if there is one)
  4. Box 3: Not Needed for Companies
  5. Box 4a: Enter the Company's Mailing Address (We Provide this Free of Charge)
  6. Box 4b: Enter City, State & Zip
  7. Box 5a: Ignore
  8. Box 5b: Ignore
  9. Box 7a: Enter The Responsibly Party's Name
  10. Box 8a: Select "Yes" if an LLC or "No" if a Corporation
  11. Box 8b: If an LLC, Enter the Number of Owners
  12. Box 8c: If an LLC, Mark "Yes"
  13. Box 9a: Choose "Partnership" if an LLC or "Corporation" if a Corporation
  14. Box 9b: If Corporation, Then Enter Company's State of Formation
  15. Box 10: Check "Started New Business" and write in "LLC" or "Corporation"
  16. Box 11: Enter Formation or Incorporation Date
  17. Box 12: Most Clients Enter "December", but Consult With an Accountant First
  18. Box 13: Enter the Number of Anticipated Employees
  19. Box 14: Check if Less Than $5,000 in Annual Wages
  20. Box 15: Enter First Date Wages Will be Paid
  21. Box 16: Choose Your Industry, or Choose "Other" if None Apply
  22. Box 17: Write a Short Description of Your Products and/or Services
  23. Box 18: Choose "No" Since this is a New Entity Now enter your name, title, and sign at the bottom.

You should also include a phone and fax number for future correspondence. Since you are filing yourself, the third-party designee section is not needed and can remain blank.