Apply for EIN as a Non-Residents: Complete Guide

Apply for EIN as a Non-Resident: Complete Guide

If you are a non-US resident who owns or plans to operate a US business, you may need an Employer Identification Number (EIN) from the IRS.

An EIN is a nine-digit federal tax identification number used to identify businesses and other entities for tax and reporting purposes.

For non-residents, the EIN application process is different from the standard online application available to many US-based applicants.

This guide explains how to apply for an EIN as a non-resident, what information you may need and how the IRS application process works.

What Is an EIN?

An EIN, or Employer Identification Number, is issued by the Internal Revenue Service (IRS).

Businesses may use an EIN for activities such as:

• Federal tax filing
• Business banking
• Hiring employees
• Certain business and financial applications
• Identifying the business for IRS purposes

An EIN is for business activities and should not be used as a replacement for an individual's SSN or ITIN.

Can a Non-Resident Apply for an EIN?

Yes.

A non-resident can apply for an EIN when the business meets the applicable IRS requirements.

If the applicant has no legal residence, principal place of business, or principal office or agency in the United States or US territories, the IRS says the online EIN application cannot be used. International applicants can instead apply by telephone, fax or mail.

How to Apply for an EIN as a Non-Resident

1. Form Your US Business

If you are forming an LLC, you will generally want to have the appropriate business information available before applying for the EIN.

For example, you may need:

• Legal business name
• State of formation
• Business address
• Responsible party information
• Business structure

You can explore LLC Formation Services.

2. Complete IRS Form SS-4

Form SS-4 is the IRS application used to request an EIN.

The form asks for information such as:

• Legal name of the entity
• Trade name, if applicable
• Mailing address
• Physical address
• Responsible party
• Entity type
• Reason for applying
• Date the business started or was acquired
• Principal business activity

The information should be completed accurately and consistently with your business records.

3. Identify the Responsible Party

The IRS requires the responsible party to be identified on Form SS-4.

For most entities, the responsible party is the individual who ultimately owns or controls the business.

If the responsible party does not have and is ineligible to obtain an SSN or ITIN, the IRS instructions allow “foreign” or “N/A” to be entered on line 7b.

4. Submit the Application

For an international applicant without a US principal place of business, the IRS provides several options.

Telephone:
International applicants can call the IRS at 267-941-1099, Monday through Friday, 6 a.m. to 11 p.m. Eastern Time.

Fax:
Applicants outside the US can fax Form SS-4 to 304-707-9471.

Mail:
The IRS also accepts Form SS-4 by mail through its International Operation.

5. Receive Your EIN

Processing time depends on the application method.

The IRS says that fax applications can generally receive an EIN by fax within about 4 business days, while mailed applications can take approximately 4 weeks.

Telephone application is available to international applicants and can provide the EIN during the call when the application is successfully processed.

Do Non-Residents Need an SSN to Get an EIN?

Not necessarily.

If a responsible party does not have and is not eligible to obtain an SSN or ITIN, the IRS Form SS-4 instructions state that “foreign” or “N/A” can be entered on line 7b.

However, this does not mean that every non-resident automatically qualifies for an EIN. The application must still meet the IRS requirements.

Do You Need an ITIN Before Applying for an EIN?

An ITIN and EIN are different tax identification numbers.

An ITIN identifies an individual for certain federal tax purposes, while an EIN identifies a business or other entity.

Therefore, a non-resident should not automatically assume that an ITIN is required before applying for an EIN.

The correct requirements depend on the individual's and entity's circumstances.

Can You Apply for an EIN Online?

This is an important point for non-residents.

The IRS online EIN application is available only when the applicant has a legal residence, principal place of business, or principal office or agency in the United States or its territories and the responsible party has a valid SSN, EIN or ITIN.

If your principal place of business is outside the United States, use one of the IRS international application methods instead.

How Much Does an EIN Cost?

The IRS does not charge a fee to issue an EIN.

The IRS specifically warns that businesses do not have to pay a fee to obtain an EIN directly from the IRS.

If you use a professional service to help prepare or submit an application, that service may charge its own fee.

Common EIN Application Mistakes

Incorrect Business Information

Make sure the business name and other information match your official company records.

Incorrect Responsible Party

The responsible party should be the appropriate individual who owns or controls the entity.

Using the Online Application When Not Eligible

Non-residents whose principal place of business is outside the US cannot use the standard online EIN application.

Applying More Than Once

The IRS limits EIN issuance to one EIN per responsible party per day, and applicants should use only one application method for an entity.

Confusing EIN With an Individual Tax ID

An EIN is for the business. An ITIN is an individual taxpayer identification number.

Can JupiterFiling Help With an EIN Application?

Yes. JupiterFiling provides EIN Application Services for entrepreneurs establishing US businesses.

You can also explore:

• LLC Formation Services
• Registered Agent Services
• Register a Company in USA from India

Frequently Asked Questions

Can a non-resident apply for a US EIN?

Yes. Non-residents may apply for an EIN when the applicable IRS requirements are met.

Can I get an EIN without an SSN?

In certain circumstances, yes. The IRS allows applicants who do not have and are ineligible for an SSN or ITIN to enter “foreign” or “N/A” on Form SS-4 line 7b.

Can I apply for an EIN from India?

Yes. If your principal place of business is outside the US, the IRS provides international application options including telephone, fax and mail.

Is an EIN free?

Yes. The IRS does not charge a fee for issuing an EIN.

How long does it take to get an EIN?

The timing depends on the application method. IRS guidance says fax applications can generally be processed within about four business days, while mailed applications may take around four weeks.

Can I apply for an EIN before forming my LLC?

The appropriate timing depends on your entity and circumstances. You should have the necessary legal business information available when completing Form SS-4.

Final Thoughts

Applying for an EIN as a non-resident is possible, but the process differs from the standard US online EIN application.

If your principal place of business is outside the United States, you may need to use the IRS telephone, fax or mail process instead. Preparing accurate Form SS-4 information before applying can help avoid unnecessary delays.

If you are establishing a US business from outside the country, JupiterFiling can help you explore LLC formation, EIN and registered agent services.