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  • Writer's pictureJean Franco Fernández Clark

How to get an EIN for an LLC as a non resident? The complete guide

How to get an EIN for an LLC as a non resident? The complete guide

After opening your Wyoming LLC, the next step is getting your tax identification number, this is called Employer Identification Number (EIN). This EIN must be obtained in order to open a bank account, file your tax or information returns, pay employees, etc.

To apply for the EIN you have to fill form SS-4. You can find it here

The procedure to submit form SS-4 and obtain the EIN will depend on whether you are a US Persons with SSN or ITIN, or a non-resident foreigner without SSN or ITIN.

US persons with SSN or Non-US persons with ITIN can get the EIN almost immediatly by applying online here

Non Residents foreigners without ITIN will have to fill form SS-4 and send it by mail or fax.

Fax is the most preferable way as it is cheaper and much faster.

How to fill Form SS-4

This form will ask you for your company information. Most of the form’s fields are self explanatory, and below are not the so obvious:

71. Responsible Party: this would be the name of the LLC owner, or one of the member if it is a multi member LLC

7b. SSN, ITIN, or EIN: if the owner has none of those, you add “Foreign”

9a. Type of Entity: this will depend on your tax classification. If it is a multi member LLC, then it may be a Partnership. If it is owned by one foreigner, it may be a Foreign Owned US Disregarded Entity.

10. Reason for Applying: this would be “Started a new Business”, and you specify your business type, e.g. online store, counseling business, etc.

Date Business Started: formation date.

Where to fax:

You could fax it to the following

Internal Revenue Service, Attn: EIN Operation, Cincinnati, OH 45999

Fax: 855-641-6935

Best practices to avoid delays:

  • Attach to SS-4 Form the company’s articles of organization and certificate of formation.

  • A cover letter does not hurt.

  • Make sure to add your fax number to receive your EIN.

  • If sent via fax, you have to send the fax with the highest resolution as possible to avoid getting reject and asked to send it again with a higher resolution.

What to expect after you have sent your SS-4 form?

You will not receive a confirmation message saying they have received your application.

When should you receive your EIN?

Technically you should be assigned your EIN in about 4 business days.

There are cases where you receive your EIN via Fax in a week if you are lucky, 2 weeks most of the time, and in worst cases it can take up to 2 months.

You might also receive a CP 575 letter via mail to the registered agent address, and it takes on average 2 weeks to arrive after the form has been faxed.

How might you receive your EIN?

Faxed SS-4 with EIN. You may receive a fax with your SS-4 and it will have your EIN assigned, and other IRS relevant information.

CP 575 Letter. This is a letter which is mailed to the address provided in your SS-4 mailing address. This letter is issued by a computer program and cannot be issued a second time, or correct the information the Letter

What if I haven't received my CP 575 Letter within 2 weeks?

You, or your appointed Third Party Designee may call the IRS and ask for it. You could also ask for a 147c Letter

What is 147c Letter?

147c Letter is a Letter faxed or mailed by the IRS upon your request confirming your EIN. This is mostly referred to as EIN Confirmation Letter.

Calling the IRS to request CP 575 or EIN Confirmation Letter.

You can call +18008294933 option 1, then option 3 or 4 depending on your specific situation

When you call, and select option 1, 3 (or 4), the recording might tell you that due to the volume of calls they receive, they can't pick up the call, and tell you to try later or in the next business day. What you have to do in this case is call again, and they might say the same thing again, so you have to try a couple extra times immediately until it goes through, don't wait until the next business day or hour.

After the call has gone through, wait time is on average 2 hours, even though the operator will say 30 to 60 minutes.

In some occasions, the system might ask you to provide a phone number if you rather receive a call from the IRS when they are available. I would pick this option if you had a US phone number to avoid the long wait.

When they pick up the phone (or they call you), you have to explain the reason for calling, they will proceed to verify your identity. They will ask you information from your Fax SS-4 Form like:

  • Name of the company.

  • EIN Number (if you already have one and are requesting Confirmation Letter)

  • How many members the LLC has

  • When was the company formed.

  • Name of the responsible party.

  • Mailing address.

  • Phone number.

When they ask if you prefer to receive your 147c Letter by mail or fax, you should select fax if you want to receive it immediately

They will ask you if you understand the privacy risk of sending your 147c letter by fax, to which you have to agree.

Note: the Third Party Designee cannot ask for 147c if the EIN has been assigned, as its power ends once it has been assigned.

What if the information on my EIN CP 575 Letter or 147c Letter is incorrect?

There might be cases where the information shown on your CP 575 Letter might be incorrect. These are rare cases, but it can happen. It can be that they misspelled your name or company’s name wrong, wrong tax classification, etc.

How to proceed will depend whether the mistake is from your end, or the IRS’s.

If the information on CP 575 Letter is wrong because the information submitted on form SS-4 is incorrect (your mistake), you would have to send a mail (courrier via Fedex, DHL, USPS, etc) to the IRS with the ripped stud on the CP 575 Letter, and explain what the mistake is, and what the correct information is.

If the mistake was made from the IRS’s end, you can call, explain the error and that the mistake was made from the IRS side. The assistant might go ahead and fix the mistake, and then fax you the 147c Letter with the correct information. CP 575 Letter cannot be corrected or issued again.

If the assistant insists in you mailing the IRS, you could just hang up when appropriate, and try calling again, the next assistant might be willing to help. Avoid calling before the end of the day.

Disclaimer: Nothing on this post shall be considered nor substitute for legal, tax, or financial advice. Information contained herein is for information purposes only and does not does not create or constitute an attorney-client relationship. Information may be incorrect or incomplete.


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