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| Step | Who issues it | Fee | Typical time |
|---|---|---|---|
| Form the LLC first, since the SS-4 asks for its legal name and start date | The state: Wyoming's Secretary of State or Delaware's Division of Corporations | $102.40 in Wyoming or $110 in Delaware, the state's fee at cost | Wyoming: the same day it is filed. Delaware: two to three weeks |
| The EIN, from Form SS-4 by fax or the international phone line | The IRS | No IRS fee | The IRS says that under its Fax-TIN program an EIN by fax generally comes within 4 business days. For a company owned from abroad, our estimate is six to eight weeks. By phone, for international applicants. |
| The CP 575 confirmation letter | The IRS, by post to the mailing address on the form | No IRS fee | Posted after the number is assigned. On the fax route the number often arrives first. |
An Employer Identification Number, or EIN, is the nine-digit number the IRS gives a company. Despite the name, it has nothing to do with having employees. Every US bank, payment processor and marketplace asks for it first, and it's where founders abroad most often get stuck.
The IRS's online application needs the responsible party's Social Security Number or Individual Taxpayer Identification Number, and it won't go further without one. The responsible party is the person who controls the company, which is you. Someone living outside the US usually can't get an SSN and, in most cases, has no reason to get an ITIN, so the online form isn't an option.
A company with a foreign owner is still entitled to an EIN. The IRS just issues it by a slower route.
| Route | Who can use it | How long | What you get |
|---|---|---|---|
| Online | Only applicants with an SSN or ITIN | Minutes | Closed to most founders abroad |
| Fax to the IRS | Anyone, including founders abroad | The IRS says that under its Fax-TIN program an EIN by fax generally comes within 4 business days. For a company owned from abroad, our estimate is six to eight weeks. | The number by return fax, then the CP 575 by post |
| Phone, international line | Applicants with no US residence or office, or their designee | During the call, after the wait on hold | The number on the call, then the CP 575 by post |
| Post | Anyone | About four weeks, by the IRS's word | The CP 575 by post |
Form SS-4 by fax
Form SS-4 is the paper application. If you have no SSN or ITIN, the IRS's instructions say to write "foreign" or N/A where the responsible party's number goes, and a single-member LLC owned from abroad checks Other on line 9a and writes "Foreign-owned U.S. disregarded entity-Form 5472". The form is then faxed to the IRS's number for international applicants, with a return fax number so the EIN can be faxed back, often before the confirmation letter arrives.
By phone, for international applicants
The IRS runs a phone line, 267-941-1099, for applicants with no legal residence, principal place of business or principal office in the US. It isn't toll-free and it's open from 6 a.m. to 11 p.m. US Eastern time, Monday to Friday. The caller has to be someone authorised to sign the form, or a third-party designee named on a signed SS-4, with the completed form to hand. The EIN is given during the call. It's the fastest route when you get through, but the waits on hold can be very long.
| Line | What it asks | For a founder abroad |
|---|---|---|
| 1 | Legal name of the entity | Exactly as the state approved it, suffix included |
| 4a to 4b | Mailing address | Where the IRS sends its letters. Your address abroad works, with the country included |
| 7a to 7b | Responsible party and their number | Your name, and "foreign" or N/A where the SSN would go |
| 8a to 8c | LLC questions | Yes, it's an LLC; the number of members; organised in the US |
| 9a | Type of entity | Other, with "Foreign-owned U.S. disregarded entity-Form 5472" written in, for a single-member LLC owned from abroad |
| 10 | Reason for applying | Started new business |
| 11 | Date business started | The date the state approved the company |
| 16 and 17 | Principal activity | What the company actually does, in plain words |
| 18 | Applied for an EIN before? | No, unless it has. Two EINs for one company take a long time to untangle |
On the fax route, the IRS faxes the number back. The formal confirmation is a notice called the CP 575, posted once to the mailing address on the form, and it's the document banks and processors usually ask for. If it's lost, the IRS issues a replacement confirmation, the 147C letter, on request.
Once you have the number, you can open the bank account, register with Stripe or PayPal, complete a marketplace's tax interview, and file the company's first return the following spring. None of that can start without it, which is why it pays to form the company well before you need the account.
- Applying before the state approves the company. The SS-4 asks for the legal name and start date. An application for a name the state hasn't approved can be rejected, or issued to a company that doesn't exist yet.
- Applying twice. A second application while the first is pending can produce two numbers, and sorting that out takes months. Chase the one you filed instead.
- Using someone else's SSN, including an agent's. A friend in the US, or a provider offering its own number, isn't the responsible party. Putting their number on the form misstates who controls the company and makes them the person the IRS writes to. A designee can fax or call for you; the number on the form stays yours, or "foreign".
- Paying extra for a "guaranteed" 24-hour EIN. Nobody controls the IRS queue. The phone line can give a number on the day, if someone gets through, and that's all a guarantee can rest on.
- Ticking the wrong entity type. A single-member LLC that ticks Corporation, or a partnership that ticks disregarded entity, has told the IRS to expect the wrong return. It can be fixed, but it takes letters and time.
- A mailing address nobody checks. The CP 575 goes to the mailing address on the form and nowhere else. If nobody is there to receive it, it's gone.
No. An ITIN is a personal tax number for people who have to file a US tax return and can't get an SSN. You don't need one to form a company or to get its EIN. Some founders need one later, to report US income personally or because a particular bank insists. There's a separate guide on when you actually need an ITIN.
Sources
Checked by Saais Patel against these official pages.
Next in EIN and tax:Form 5472 and the pro forma 1120, explained for a foreign-owned LLC