Tax
EIN Without an SSN: A Guide for Non-Resident LLC Owners
An EIN is the IRS identification number your LLC needs for banking, payment processors and tax filings. Non-residents without an SSN or ITIN apply with Form SS-4 — here is how.
By OpenStates Team · Published · Updated
What an EIN is used for
An Employer Identification Number (EIN) is a nine-digit number the IRS assigns to business entities. Even an LLC with no employees typically needs one to open a US business bank account, connect payment processors and file federal information returns.
An EIN identifies the business. It is different from an ITIN, which is a personal taxpayer number for individuals, and you do not need an SSN or ITIN before applying for the LLC's EIN through the international route.
Online application vs. Form SS-4
Per the Form SS-4 instructions, the online application is for entities whose principal business, office or agency, or legal residence (for individuals) is in the United States or a US territory, and the responsible party needs a valid SSN, ITIN or EIN. Applicants with no legal residence, principal place of business, or principal office or agency in the United States or its territories can apply by telephone as international applicants, or by fax or mail.
Preparing Form SS-4
- Have your LLC's formation documents ready — the legal name must match the state filing exactly.
- Enter the responsible party (a natural person who controls the entity) and note that they have no SSN or ITIN where the instructions say so.
- Choose the correct entity type: a single-member LLC owned by a foreign person is usually a disregarded entity for federal tax purposes.
- Sign the form; a third-party designee section lets an authorized provider receive the EIN on your behalf.
EIN, SSN and ITIN: three different numbers
The three numbers are easy to confuse. A Social Security Number (SSN) is issued to individuals who are authorised to work in the United States or who otherwise qualify for one. An Individual Taxpayer Identification Number (ITIN) is a personal tax number for individuals who need a US taxpayer number but are not eligible for an SSN. An EIN belongs to an entity, such as an LLC, not to a person.
For a non-resident founder, this distinction matters in practice. The LLC's EIN goes on the company's bank application, on payment processor forms and on federal information returns filed for the company. Your personal tax identification, if you ever need one, is a separate question that depends on your own filing obligations. Applying for an EIN does not give you an SSN or ITIN, and lacking those numbers does not prevent the LLC from receiving an EIN through the international route.
Who counts as the responsible party
Form SS-4 asks for a responsible party. For an LLC, this is the individual who ultimately owns or controls the entity, or who exercises effective control over its funds and assets. In a single-member LLC owned by one founder, that is usually the founder. The IRS instructions say the responsible party should be an individual rather than another entity in most situations, so read that part of the instructions carefully if your LLC is owned through a holding company.
Use the responsible party's full legal name exactly as it appears in their passport and keep it consistent across every document. Small differences, such as a missing middle name or a reversed order of family names, can create questions later when a bank compares documents.
What the international routes involve
The SS-4 instructions describe three routes for applicants without a US residence, principal place of business, office or agency. By telephone, an international applicant calls the IRS number listed in the instructions and answers the questions on the form; the person calling must be authorised to receive the EIN and answer those questions. By fax, the completed and signed form is sent to the fax number listed in the instructions. By mail, the form is posted to the address listed for international applicants.
Each route has trade-offs. A phone call may happen at an inconvenient hour depending on your time zone, and the call needs accurate details at hand. Fax and mail require a correctly completed and signed form and a way to receive the response. Whichever route you use, take the contact details and current procedure from the official instructions, because numbers and addresses can change.
A hypothetical walk-through
Consider a hypothetical founder, Arjun, who lives in Bangalore and has just formed a single-member Delaware LLC. He has no SSN or ITIN and no office in the United States. He gathers the certificate of formation, checks that the LLC's legal name on the state record matches what he will write on the form, and confirms that he is the responsible party.
On Form SS-4 he enters the LLC's legal name, its mailing address, his own name as responsible party and the reason for applying, which is starting a new business. He indicates that the LLC has one member and is foreign-owned. Because he wants a formation provider to handle the submission, he completes the third party designee section for that provider and signs the form. When the EIN is assigned, he saves the IRS confirmation in his compliance folder and only then begins bank applications. This example is illustrative only; it is not a template for your own answers.
What an EIN does and does not unlock
An EIN is usually a requirement for opening a US business account, but it is only one part of a bank's review. Banks and fintech providers also look at the owners' identity documents, the type of business, where customers are located and where money is expected to come from and go to. Each institution applies its own policy, and an application can be declined even when the EIN and formation documents are in order. Plan for this by preparing clear answers about your business and, where possible, having more than one provider in mind.
Keeping the company's details consistent
The EIN connects many records: the state filing, the IRS record, the bank account, payment processors and future tax forms. When the details in those records match, verification is usually simpler. When they differ, each organisation may ask for explanations or extra documents.
- Use the same legal name, with the same punctuation and ending, on the state record, Form SS-4 and bank applications.
- Keep one mailing address for IRS correspondence and update it with the IRS if it changes.
- Record which person was named as responsible party and update the IRS if that person changes.
- Store the confirmation letter, the submitted form and any IRS notices together in the compliance folder.
- Share the EIN only with organisations that genuinely need it, such as banks, payment processors and your accountant.
Common mistakes on EIN applications
- Writing a trade name or a shortened name instead of the exact legal name on the state record.
- Applying before the LLC exists on the state record, so the entity details on the form cannot be verified.
- Entering a company or provider as responsible party instead of the individual who controls the LLC.
- Choosing the wrong entity type or number of members.
- Submitting a second application because the first answer seems slow, which can lead to duplicate numbers and extra correspondence.
- Losing the confirmation letter and having nothing to show a bank later.
- Treating the EIN as proof that a bank or payment processor will approve the company.
How long it takes
Processing times depend on the submission method and IRS workload, and they change over time. Check the current IRS guidance rather than relying on a fixed number of days, and keep a copy of everything you submit.
After you receive the EIN
- Store the IRS confirmation letter (CP 575) securely — banks often ask for it.
- Apply to US banks or fintech providers; each makes its own approval decision.
- Check whether you must file Form 5472 with a pro forma Form 1120: foreign-owned US disregarded entities file it for any year with reportable related-party transactions, such as owner contributions or distributions.
Sources
- Internal Revenue Service — Employer Identification Number
- Internal Revenue Service — Instructions for Form SS-4
- Internal Revenue Service — Instructions for Form 5472
This article is general information, not legal or tax advice.