EIN
How to Get an EIN for a Foreign-Owned US LLC
A foreign-owned US LLC often needs an Employer Identification Number even when it has no employees. Banks and processors ask for it. Certain IRS information returns use it. The obstacle for many non-US owners is not eligibility in principle — it is the application channel. The IRS online EIN assistant is built for responsible parties who have a US Social Security Number (or, in the assistant’s design, an ITIN). If you do not have one, fax or mail of Form SS-4 is the usual path. How long that takes is not something an honest firm can guarantee.
Scriplit is not a law firm or a CPA firm. This article is general information, not tax or legal advice. Confirm current IRS Form SS-4 instructions and phone/fax numbers on IRS.gov before you file. Obtaining an EIN does not guarantee banking, Stripe, visas, or tax outcomes. Processing times vary.
Form the company first
The EIN application needs the LLC’s legal name as formed, the state, and the date of formation. Applying against a name you have not filed, or a name the state rejected, wastes a cycle. Have stamped articles (or the state’s equivalent) in hand. Know who the responsible party is — typically the individual who controls, manages, or directs the entity. That person’s name and foreign address appear on SS-4 in the way the current instructions require.
If you are still choosing a state, pause and finish formation. The EIN is step two. Background on what the number is: what is an EIN.
Why the online assistant often stops you
The EIN assistant asks for the responsible party’s SSN or ITIN. IRS materials have long stated that the online process is for those who have that identification. A passport number is not an SSN. Entering zeros, a home-country tax ID, or a made-up nine-digit number is a bad idea and can create a mess that takes longer to unwind than mailing a correct form.
Some people obtain an ITIN for other US tax reasons. An ITIN is a personal number, not a shortcut that every foreign owner must get before an EIN. Whether you need an ITIN is a separate tax-filing question. Do not apply for an ITIN “just to click through the assistant” unless a tax professional says your facts require an ITIN anyway.
Form SS-4 by fax or mail
Form SS-4 is the paper application. Current instructions list where to send it and which fax numbers apply to international applicants. Those numbers and addresses change. Copy them from the IRS instructions dated for the form you are using, not from a screenshot in an old forum post.
Fill it as the entity actually is:
- Legal name matching the state filing, including suffixes like LLC.
- Trade name / DBA only if you really use one.
- Executor, care-of, or mailing lines that will actually receive IRS mail. If you use a US mailbox, make sure you will see CP notices.
- Entity type and reason for applying (banking, started new business, hired employees, etc.) that match reality.
- Responsible party information as the form currently asks, including ITIN/SSN if they have one, or the foreign equivalent fields the instructions describe when they do not.
- Third-party designee section if you authorize a service to receive the EIN and speak to the IRS about the application. That authorization has an end date on the form; it is not a lifetime power of attorney for all tax matters.
Sign where the form requires. A formation service cannot invent a signature. Incomplete forms, mismatched names, and unreadable faxes are the usual delays — not a secret queue you can pay to skip.
Timing: ranges vary, promises do not
You will see blogs quote “two weeks” or “four to six weeks” for faxed international SS-4 applications. Sometimes it is faster. Sometimes the IRS is slower. Mail is typically slower than fax. Holidays, government funding gaps, and unreadable transmissions all add time. Scriplit will not publish a guaranteed IRS processing time. If a vendor sells a fixed date, ask what happens when the IRS is late. The honest answer is: you wait, or you follow the IRS’s own status procedures.
Do not schedule a product launch that depends on an EIN arriving on a Friday. Do not tell a client their Stripe account will be live on a calendar date you do not control.
After the IRS responds
You should receive an IRS confirmation (commonly discussed as CP 575). Save it. If it never arrives but you were told a number verbally or through a designee, still obtain written IRS confirmation (the 147C process is the usual name for a confirmation letter). Use the EIN exactly as issued on bank and processor applications.
If the application is rejected, read the reason. Duplicate name issues, an entity that is not yet formed, or a responsible-party mismatch are fixable with a corrected filing. Do not file three parallel SS-4 forms “to see which hits.” Multiple applications for the same entity create duplicate-EIN problems.
ITIN, SSN, and the responsible party
If one member already has an SSN (for example, a US person co-owner), the online assistant might be available for that responsible party — only if that person is in fact the responsible party under IRS definitions, not because it is convenient. Putting a nominee who does not control the company on SS-4 to chase a faster channel is how you create a false responsible party. Banks compare that name to ownership documents.
What we can do operationally
Scriplit’s US LLC formation work includes EIN application support for foreign-owned companies as described on that page: preparing SS-4, acting as designee where you authorize it, and delivering the IRS letter when it arrives. We cannot issue the number, cannot compel IRS speed, and cannot honestly promise a processor will accept the company afterward.
Send a formation enquiry with your country of residence, whether any owner has an SSN or ITIN, and a copy of the filed articles if they already exist. If they do not exist yet, say so — EIN comes after the stamp, not before.