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Guide · EIN and tax· 2 min read

Do you need an ITIN? Usually not, and here's when you do

What an ITIN is, why forming a company and getting an EIN don't need one, the situations that do, and how to apply when the time comes.

Updated by the BaseAcross team. Reviewed by Saais Patel, compliance reviewer, against the sources named in the text.

The short answer

Usually not. You don't need an ITIN to form a US company, get its EIN, open a Mercury account or file Form 5472. You need one when you personally have to file a US tax return, such as Form 1040-NR for income from a US business, or to claim a treaty rate without a tax number from your own country.

On this page · 4 sections
  1. 01Do you need one?
  2. 02How to apply
  3. 03When an ITIN expires
  4. 04What it doesn't change

Some providers sell founders abroad an ITIN as if it were a step in forming a company. It isn't. An ITIN is a personal tax number for people who have to file, or be reported on, a US tax return and can't get a Social Security Number.

Do you need one?

When an ITIN is needed, October 2026
You want toITIN needed?
Form the LLCNo
Get the company's EINNo: the SS-4 takes "foreign". The EIN guide explains
Open Mercury or Wise BusinessNo: your passport is enough
File Form 5472 with the pro forma 1120No: it takes your own country's tax number
Claim a treaty rate on a W-8BENOnly if your country gives you no tax number
File Form 1040-NR for US business incomeYes
Be a partner in a partnership with US business incomeYes: it withholds and reports against your number
Own US property, and be taxed on the net rent or cut the withholding on a saleYes
Open an account at a bank that insists, as some branch banks doYes, for that bank. Mercury and Relay take a passport number

How to apply

You apply on Form W-7, with proof of identity and foreign status, which for most people means a passport. The IRS wants either the original passport, posted to its office in Austin, Texas and returned afterwards, or a copy certified by the agency that issued it. A Certifying Acceptance Agent can also check your original passport and send the application without it. The application usually has to go with the tax return that needs the number, unless one of the IRS's listed exceptions applies, which is why applying just in case often fails. The IRS says to allow seven weeks, or nine to eleven weeks in the busy season or when you apply from abroad.

When an ITIN expires

An ITIN that isn't used on a federal tax return for three tax years in a row expires on 31 December after the third year. If you need it again, you renew it on Form W-7 before filing the return that uses it. An ITIN applied for "just in case" and never used simply lapses.

What it doesn't change

An ITIN doesn't speed up an EIN, make you a US person, give you any right to work, or open a bank account on its own. It's a number for tax returns. If nobody has asked you for a US return, you probably don't need one.

Sources

Checked by Saais Patel against these official pages.

  1. IRS: Individual Taxpayer Identification Number
  2. IRS: how to renew an ITIN
  3. IRS: instructions for Form SS-4
  4. IRS: instructions for Form 5472

Next in EIN and tax:US tax treaties and your LLC: what a treaty changes, and who claims it

05 · Questions

The questions this guide gets asked.

If yours is not here, email us at hello@baseacross.com before you order.

No. Form SS-4 accepts "foreign" or N/A where the responsible party's SSN or ITIN would go, and the IRS issues the company's EIN without either.

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