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Nevada Registered Agent Service™ The PREFERRED choice in Registered Agents since 1991 |
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Last updated Sunday, April 7, 2024
When a
individual forms a business, they need to acquire a federal Employer
Identification Number (EIN), also known as a “Tax ID number.” An EIN is a
nine-digit business federal tax ID that works like a Social Security number for
your business. Your EIN helps you with the following:
·
Filing tax
returns for your business
·
Opening a
business bank account under the name of your business
·
Properly paying
and accounting for wages and payroll for your company’s employees
·
Establishing
credit for your business and maintaining your business’s official standing as a
legal business entity
Non-U.S. citizens can also
get an EIN. However, the process for foreign business entities to apply for and
receive a business EIN is a bit different than the process for U.S. citizens.
Applying for an
Individual Taxpayer ID Number (ITIN)
Most people think that you
must have a Social Security number (SSN) to get a business EIN, but this is a
misconception. Non-U.S. citizens who own businesses can still get a business
EIN even if they do not have an SSN. Social Security numbers are for individual
persons, whereas business EINs are for business entities; these two types of
tax IDs are handled differently by the IRS.
While you don’t need to
have an SSN to register a foreign EIN, it does make the process simpler. This
is because getting an EIN online requires users to have a valid Taxpayer ID
Number. Non-U.S. citizens or “foreign persons” typically cannot get a U.S. SSN,
but there is another option of taxpayer identification called the Individual
Taxpayer Identification Number, or ITIN. If you are not eligible to get an SSN,
you can apply for an ITIN using IRS Form W-7. Getting an ITIN can be helpful in
the overall process of obtaining a business EIN since it will allow you to use
the online IRS form to fill out the application for your business EIN.
However, the ITIN only
allows you to apply for your EIN online if your business is going to be incorporated
in the U.S. According to the IRS, “If you were incorporated outside of the
United States or the U.S. territories, you cannot apply for an EIN online.” So,
if your business is already incorporated outside of the U.S., you likely do not
need to bother with getting an ITIN. Instead, you will need to use a different
process for applying for a business EIN, which is outlined below.
Applying for an EIN
Without an SSN or ITIN
If you have no SSN, no
ITIN and your business is or will be located in the U.S., you can still apply
for a business EIN. However, the process is more complicated because you are
not allowed to apply for the EIN online. To get your business EIN as a foreign
person, you need to fill out IRS Form SS-4, Application for Employer
Identification Number (EIN).
You cannot file this form
online (unless you have an ITIN, as discussed above). This means you’ll need to
choose whether you want to file the SS-4 form by phone, fax or mail. According
to the IRS Form SS-4 instructions, you have to choose only one application
method, and you cannot file the form by multiple methods. Since each method is
slightly different, you have to decide whether to apply by phone, fax or mail
based on what will work for your situation.
·
Phone: Only
international EIN applicants can receive a business EIN by phone. According to
the IRS instructions for Form SS-4: “If you have NO legal residence, principal
place of business, or principal office or agency in the U.S. or U.S.
possessions, you may call 267-941-1099 (not a toll-free number), 6:00 a.m. to
11:00 p.m. (Eastern Time), Monday through Friday, to obtain an EIN.”
·
Fax: There is a
special fax number to use if you want to apply for your business EIN by fax.
Send the relevant IRS form to this fax number: 304-707-9471. If you apply by
fax, you will generally receive your business EIN within four business days.
·
Mail: If you
prefer to file the IRS Form SS-4 by mail, use this address for international
applicants (who do not have any legal residence, principal office or principal
agency in any state or international U.S. territory):
o Internal Revenue Service
o
Attn:
EIN International Operation
Cincinnati,
OH 45999
If you apply by mail, it
might take several weeks for your business EIN to arrive.
You also have another
option when it comes to obtaining an EIN as a foreign entity. Working with the
IRS can be complicated, especially if you are based outside the U.S. This is
why the IRS lets you have the option to work with a third-party designee on your
behalf. If you want a third-party designee (like an attorney) to be allowed to
talk to the IRS on your behalf, you can designate this on the IRS SS-4 form.
Your third-party designee will be allowed to receive your new business EIN on
your behalf, which can be helpful in working through the IRS application
process to avoid any errors or delays.
Nevada
Commercial Registered Agent
Entity # E0502742015-6
NV Business ID NV20151637034
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Revised April 7, 2024 10:24 AM
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