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Whether you’re a foreign company planning your U.S. entry or already operating here, one of the first questions you’ll face is — Do we need an Employer Identification Number (EIN)?
An EIN isn’t just a formality but your business’s federal tax identity. It is a number that lets you open a U.S. bank account, hire employees, file taxes, and stay compliant with the IRS. In this article, we’ll break down what an EIN is, why it’s essential for foreign-owned entities, and how your business can obtain one smoothly.
First, let’s understand the meaning of Employer Identification Number (EIN) in the next section.
What is an Employer Identification Number (EIN)?
An EIN, or Employer Identification Number, is a nine-digit tax identification number issued by the Internal Revenue Service (IRS) to identify businesses and other entities for tax purposes. Such entities may include corporations, partnerships, trusts, estates, and nonprofits. In simpler terms, it functions like a social security number (SSN) for your business.
Next, let’s determine whether a foreign entity may need an EIN to operate in the United States.
Does a Foreign Entity need an Employer Identification Number (EIN)?
Foreign entities may need an EIN for filing taxes, banking, obtaining licenses, hiring employees, and other purposes within the U.S.
You need an EIN if you meet any of the following conditions:
- You already have employees in the U.S.
- You will need to pay alcohol or excise, employment, firearms, and tobacco taxes.
- You are required to withhold taxes on income, except for wages, paid to a non-resident alien.
You may also need an EIN to operate any of these entities formed within the U.S.:
- Partnership
- Corporation
- Limited liability company (LLC)
- Trusts (except certain grantor-owned revocable trusts)
- Tax-exempt organization
Estate - Real estate mortgage investment conduit
- Retirement plan or individual retirement account (IRA)
- Farmers’ cooperative
Therefore, it is safe to say that most foreign entities doing business in the U.S. or planning to do so may require an EIN to maintain compliance.
Next, let’s understand the different methods through which a foreign entity may apply for an EIN.
How to apply for an Employer Identification Number (EIN) as a Foreign Entity?
There are several methods for applying for an EIN. If you are applying for an EIN as a foreign entity, you may use the following methods:
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Online Method to Apply for an Employer Identification Number (EIN
The online application process is available for entities whose principal business, office, agency, or legal residence is in the United States or its territories. Hence, this method requires the foreign entity to have a U.S.-based address, implying that its principal place of business is located within the U.S.
Generally, the responsible party is required to enter their name, personal U.S. taxpayer ID number, and signature. The responsible party is the individual who oversees, manages, or directs the entity. For example, a general partner of a partnership is considered to be a responsible party. Therefore, such a responsible party is required to possess a U.S. taxpayer ID number, such as a Social Security Number (SSN) or an Individual Taxpayer Identification Number ( ITIN).
Next, let’s understand how a foreign entity can file for an EIN online.
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How to file for an Employer Identification Number (EIN) online?
An online EIN application is completed by filling out the online form on the following IRS website.
The application may require the following information:
- A valid Taxpayer Identification Number (TIN), such as a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN).
- Information about the business, including its legal name, entity type, and the reason for requesting an EIN.
- The name and TIN of the responsible party, defined as the individual who manages or controls the business and its finances, should be provided.
The processing of the EIN application usually takes some time, depending on whether the entities have been officially formed with the respective state. For example, if the entity has not been formed with the state, the EIN application may be delayed.
Next, let’s understand how foreign entities apply for an EIN via mail, fax, and phone.
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Mail, Fax, and Phone Application Process to Apply for an Employer Identification Number (EIN)
If the foreign entity’s principal business, office agency, or legal residence is outside the U.S., then it may not use the online method to obtain an EIN. Therefore, they may request an Employer Identification Number (EIN) by completing Form SS-4, which may be submitted by mail, fax, or phone.
Next, let’s understand how to fill in Form SS-4.
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How to fill in Form SS-4
Foreign entities use Form SS-4 to apply for an Employer Identification Number (EIN). This form collects various information about the business.
This includes the following:
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- The mailing address: You should enter your mailing address, which may be within or outside the United States. A foreign entity may enter its non-U.S. mailing address in Form SS-4.
- The type of entity (e.g., a partnership or LLC).
- The reason for requesting an EIN.
- The relevant industry associated with the business.
- The legal name of the foreign entity, any trade or DBA names.
- If needed, the name of a trustee, executor, or fiduciary.
- The name of the responsible party: A responsible party is the person who owns, controls, or manages the foreign entity.
Form SS-4 requires the responsible party’s U.S. taxpayer identification number (SSN or ITIN). If the responsible party does not have an SSN or ITIN, the entity can write ‘Foreign’ in Box 7b.
Next, let’s understand how a foreign entity may use a third-party designee for an EIN application.
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Employer Identification Number (EIN) Application using a Third-Party Designee
A foreign entity may authorize a third-party designee to assist with the EIN application. A third-party designee is an individual or organization appointed solely to submit Form SS 4 and communicate with the IRS during the EIN application process. To grant this authority, the relevant section of Form SS 4 should be completed and signed. Once the IRS assigns and communicates the EIN, typically by fax or phone, the third-party designee’s authority automatically ends and does not extend to any ongoing IRS matters.
Now, let us understand how a foreign entity can apply via the various offline methods in the following sections.
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Application via Mail
Foreign entities may apply for an Employer Identification Number (EIN) by mailing a completed IRS Form SS-4.
The following is the IRS Mailing Address for Foreign Applicants:
Internal Revenue Service
Attn: EIN International Operation
Cincinnati, OH 45999
Please note that it may take several weeks to receive a business EIN when applying by mail from outside the United States. After the IRS receives the application by mail, its processing time is approximately four weeks. Be sure to factor in additional time for the EIN to arrive by mail after it has been processed.
Next, let’s understand the EIN application process via Fax.
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Application via Fax
Foreign entities can fax their completed Form SS-4 to the IRS at the dedicated fax number for individuals outside the U.S.: 304-707-9471. Generally, it takes about 4 business days to receive an EIN after submitting a request by fax.
Next, let’s understand the EIN application process via Phone.
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Application via Phone
Alternatively, foreign entities may apply for an EIN by phone at 267-941-1099 between 6 a.m. and 11 p.m. Eastern Time, Monday through Friday.
The person authorized to obtain the EIN may call the IRS to apply. Such a person is generally the responsible party or a third-party designee authorized to act on behalf of the business.
It helps to prepare responses to the Form SS-4 questions before the call to expedite the process. By the end of the call, the EIN may be issued if all of the information supplied is correct and comprehensive.
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Disclaimer: The information provided in this article is for general informational purposes only and does not include legal advice. This article does not comprise an attorney-client relationship between the reader and Arora Law P.C. or its attorneys. If you have specific questions regarding your individual situation, please consult with a licensed attorney.
The information in this article is current as of the publication date. U.S. Tax laws and regulations change frequently, and readers should confirm whether any updates have occurred since.