How to Get an EIN for Your LLC as a Non-US Resident

Starting a business in the United States as a non-US resident can be a great way to access the world’s largest economy. One of the essential steps in the process of LLC registration is obtaining an Employer Identification Number (EIN) from the IRS. This number is crucial for tax reporting, hiring employees, and even opening a business bank account in the U.S.

But here’s the catch—unlike U.S. citizens and permanent residents, non-US residents cannot apply for an EIN online. Instead, they must submit their application by mail or fax, a process that can take weeks.

In this guide, we’ll walk you through everything you need to know about getting an EIN for your LLC as a non-US resident, including the necessary forms, the IRS process, and the pitfalls to avoid.

What is an EIN and Why Do You Need One?

An EIN (Employer Identification Number) is a unique nine-digit number assigned by the IRS to business entities operating in the U.S. Think of it as a Social Security Number (SSN) for your business. Even if you don’t plan to hire employees, your LLC will need an EIN for purposes such as:

• Opening a business bank account in the U.S.
• Filing taxes and complying with IRS regulations
• Establishing credibility with suppliers and customers
• Hiring employees (if applicable)

Without an EIN, you may run into roadblocks when trying to operate your business in the U.S., so obtaining one is a crucial step in your LLC registration process.

Who Can Apply for an EIN?

The IRS allows both U.S. and non-U.S. persons to obtain an EIN, but the application process differs based on residency status:

• U.S. citizens and permanent residents can apply online.
• Non-US residents must apply by fax or mail using Form SS-4.

Since you are a non-US resident, you will need to go the manual route—faxing or mailing your application to the IRS.

How to Apply for an EIN as a Non-US Resident

To get an EIN for your LLC as a non-US resident, follow these steps:

Step 1: Complete Form SS-4

The Form SS-4 is the application for an EIN. You can download it from the IRS website here.

Here’s how to fill it out correctly:

• Line 1: Enter the full legal name of your LLC.
• Line 2: If applicable, enter the trade name or DBA (Doing Business As).
• Line 3: Leave blank unless you have a designated person for tax matters.
• Line 4a & 4b: Enter the mailing address of your LLC (this can be your registered agent’s address in the U.S.).
• Line 7a & 7b: Provide your name as the responsible party. Since you are a non-US resident, leave the SSN/ITIN field blank.
• Line 8a: Check ‘Yes’ if this is an LLC.
• Line 9a: Check ‘Other’ and write ‘Foreign-owned LLC’ if applicable.
• Line 10: Indicate the reason for applying (e.g., ‘Started a new business’).
• Line 18: If you are not hiring employees, write ‘N/A’.

Once the form is completed, double-check for accuracy before submission.

Step 2: Submit the SS-4 Form to the IRS

Since non-US residents cannot apply online, you must send your Form SS-4 by fax or mail:

• Fax: +1 (855) 641-6935 (for international applicants)
• Mail: Internal Revenue Service Attn: EIN International Operation Cincinnati, OH 45999, USA

Faxing is recommended as it is significantly faster than mailing.

Step 3: Wait for Your EIN

The IRS does not provide real-time updates on EIN applications. Here’s what to expect:

• Fax submissions: Processing takes about 2-6 weeks.
• Mail submissions: Processing takes about 4-8 weeks.

Unlike online applications, which are instant, mailed and faxed applications go directly to an IRS agent for review. If you call the IRS for an update, the agent you speak with likely won’t have any record of your submission. This is just how the IRS operates—frustrating, but unavoidable.

There is also no way to expedite an EIN application for non-US residents, so patience is key.

Common Issues and Mistakes to Avoid

1. Leaving Fields Blank on Form SS-4
   • If you do not have an SSN or ITIN, simply leave that section blank. Do not enter a random number.
2. Using an Invalid Address
   • Ensure your LLC’s mailing address is valid and accessible.
3. Expecting a Status Update from the IRS
   • Once submitted, do not expect real-time tracking. The IRS will not provide updates, and calling them will not help.
4. Applying Online as a Non-US Resident
   • Only U.S. persons can apply online. If you are a non-US resident, your application must go through fax or mail.
5. Filing the Wrong Business Entity Type
   • If your LLC is foreign-owned, ensure you correctly indicate ‘Foreign-owned LLC’ on your SS-4 form.

Final Thoughts

Getting an EIN for your LLC as a non-US resident requires patience, but it’s a straightforward process when done correctly. By completing Form SS-4 accurately and submitting it via fax (for faster processing), you’ll secure your EIN and move forward with your business registration.

Remember, while the process may be slow, having an EIN is crucial for running a legitimate business in the U.S. So take your time, follow the steps carefully, and be prepared to wait a few weeks.

If you need help with your LLC registration, EIN application, or any other U.S. business setup matters, BusinessAnywhere.io offers hassle-free services to get you up and running without unnecessary delays.

Good luck with your business venture!