EIN for a US LLC: How to Get a Tax ID Number Without Visiting the United States

EIN dla LLC w USA

An EIN (Employer Identification Number) is the nine-digit tax number without which an LLC in Wyoming or Delaware cannot open a bank account, connect a payment processor, or file anything with the IRS. A foreign owner can obtain one without a Social Security Number and without ever setting foot in the United States, in theory simply by phone, fax, or mail. In practice, though, applications filed without a licensed agent have, for a good share of our clients, stalled at the IRS for weeks with no response at all. Once our firm took over the case, the EIN was assigned to the company within 2 to 4 business days.

In this article, we cover:

  • An EIN is required to open a US bank account, connect payment processors (Stripe, PayPal), and file any US tax return
  • Holding an EIN brings concrete IRS reporting obligations that apply to every foreign-owned LLC, regardless of how many members it has
  • The penalty for missing or late-filing Form 5472 is at least USD 25,000 per unfiled form
  • A foreign LLC owner cannot use the IRS’s online application, since it requires an SSN or ITIN
  • Three self-service channels exist in theory (phone, fax, mail), but applications filed without a licensed agent often go unanswered
  • The person listed as the responsible party on Form SS-4 must be a real individual, not an agent or nominee
  • Thompson&Stein obtains the EIN for clients as a standalone service for USD 150, with the number typically assigned within 2 to 4 business days

See how comprehensive LLC formation in Wyoming works — go to the service page and learn the details of registration, legal support, and accounting.

What an EIN is and why an LLC needs one

An EIN is a nine-digit tax number in the format XX-XXXXXXX, issued by the US tax authority (IRS). For an LLC, it works as the company’s core identifier in every dealing with tax authorities, banks, and business partners in the United States.

Without an EIN, an LLC owned by a non-US resident is, in practice, unable to operate. The number is required to:

  • open a US bank account. No bank will open a business account without an EIN,
  • connect payment processors (Stripe, PayPal, Wise Business),
  • file any tax return with the IRS,
  • sign contracts with US counterparties, who routinely request a tax number on Form W-9 or W-8BEN.

What obligations come with holding an EIN

Getting an EIN is the start of reporting obligations to the IRS that apply to every foreign-owned LLC, regardless of how many members it has. The exact filings differ depending on structure:

  • Single-member LLCs (foreign-owned disregarded entities) file Form 1120 together with Form 5472. The form reports transactions between the company and its foreign owner. Deadline: April 15 each year.
  • Multi-member LLCs are taxed differently, as a partnership, filing Form 1065 with the relevant attachments (a Schedule K-1 for each member). That’s a different reporting regime, which we’ll cover in a separate article on US LLC taxes.

The penalty for a missing or late Form 5472 is USD 25,000 per unfiled form, regardless of whether the company had any activity that year at all. It’s one of the costliest mistakes a US company owner can make.

Who can get an EIN without a Social Security Number

Who counts as the "responsible party"

Form SS-4 requires naming a “responsible party”: the individual who actually controls the company and its funds. The IRS requires this to be a real person, not an agent or nominee. A nominee is not authorized to apply for an EIN on their own.

If the responsible party has no SSN or ITIN, which is the norm for a founder who isn’t a US resident, line 7b of the form is filled in with “Foreign.” That field cannot be left blank. This lack of an SSN is exactly what rules out the IRS’s online application, which is only available to applicants who already hold a US tax number.

Three ways to file for an EIN, and why they often fail in practice

In theory, a foreign LLC owner has three self-service routes.

📞  Phone: 267-941-1099, Mon-Fri, 6 a.m. to 11 p.m. Eastern time, same-day EIN  (the call carries international charges and can run long)

📠  Fax: 855-215-1627 from the US, 304-707-9471 from abroad, about 4 business days in theory  (only if the SS-4 is filled out without errors)

✉️  Mail: IRS, Cincinnati OH, 4 to 5 weeks  (the slowest option)

In theory, that’s straightforward. In practice, we’ve repeatedly seen clients file the application themselves, by fax, with a correctly completed form, and get no response from the IRS at all. For no clear reason, the application would sit in the system for weeks with zero feedback. Once our firm took over and filed on the client’s behalf, the EIN was assigned within 2 to 4 business days.

See how comprehensive LLC formation in Wyoming works — go to the service page and learn the details of registration, legal support, and accounting.

How Thompson&Stein obtains an EIN for clients

We offer EIN acquisition as a standalone service for USD 150, independent of any company formation package (it’s also included in the All-Inclusive Wyoming LLC formation package at USD 1,200). We file the application on the client’s behalf through the channel that, in our experience, gives the most predictable turnaround, without the uncertainty of whether the IRS will respond at all.

Frequently asked questions

Do I need a Social Security Number to get an EIN?

No. A foreign LLC owner can obtain an EIN without an SSN or ITIN. In that case, the responsible-party field on Form SS-4 is filled in with “Foreign.” Lacking an SSN does rule out using the IRS’s online application, which requires a US tax number.

How much does it cost to get an EIN?

Thompson&Stein obtains the EIN for clients as a standalone service for USD 150, covering the preparation and filing of the application on the client’s behalf plus oversight of the process until the number is assigned.

How long does it take to get an EIN?

In theory, anywhere from the same day (phone application) to 4 to 5 weeks (mail). In practice, self-filed applications, especially by fax, are sometimes ignored by the IRS for weeks with no feedback at all. Applications filed by our firm are typically assigned a number within 2 to 4 business days.

Do I need to be physically present in the United States to get an EIN?

No. An EIN can be obtained remotely, by phone, fax, or mail, without a trip to the United States and without a notarized power of attorney.

What is an EIN needed for?

An EIN is required to open a US bank account, connect payment processors such as Stripe or PayPal, file any tax return with the IRS, and sign contracts with US counterparties, who typically request a tax number on Form W-9 or W-8BEN.

Does an EIN expire?

No. An EIN has no expiration date and stays with the company until it is dissolved. However, any change to the responsible party, address, or company location must be reported to the IRS within 60 days on Form 8822-B.

FIND OUT MORE

If you'd like to learn more, please send us the form. It will be forwarded to our customer support team, and we guarantee that we will respond to your inquiry within 24 hours (on business days).
 
Select the subject of your inquiry, and we will ensure it reaches the right person who can provide you with the relevant support.
 
The form is protected by reCAPTCHA, and we adhere to our Privacy Policy.






    A lawyer and advisor with over 15 years of experience supporting entrepreneurs in international business operations. Co-founder and Senior Partner at Thompson&Stein Law Firm, coordinating the work of teams in Tallinn, Warsaw, Vilnius, and the United States.