Thanks for the video! I have a question How long will it take to get the ein back if the non-resident sends the SS-4 form by fax now? Someone asked this previously, but that was 6 months ago...
Best video on the subject. Thank you. Qs Would I write Foreign if I check sole proprietor to box 9a? Re 9b. Would I write the state and United States where I have a business? Am I considered a US person since I have a business in the US?
You are considered a U.S. person if you are either a U.S. citizen, a U.S. permanent resident (green card holder), or you are physically present in the U.S. a sufficient amount of days to meet the substantial presence test
Hi Jason, Just as a preface I should say I'm a single shareholder corporation based in the UK. Additionally, I have no company incorporated in the US (including any subsidiaries of any kind). Also, for tax purposes as well as in general I would like to be recognised by the IRS as a LLC. The way I make money is by posting video courses on an online education website called Udemy. When a person buys my course, they actually pay Udemy and then Udemy sends me a fraction of the sale money 2 months later. The revenue I make from sales on Udemy is classed as royalties income. As of right now, Udemy is withholding 24% of my revenue because I have not filled out a W-8BEN-E form. I have 2 questions which relate to line 9a. First, should I select 'Other' and then specify a 'foreign disregarded entity' (omitting the 'US' that you included in the video)? Second, do I also need to fill out a 5472 form? Any help would be greatly appreciated
Processing times are very long because of the Covid 19 backlog. We are seeing at least 10 to 12 weeks of waiting time if the form is faxed to the IRS. Normally it was 7 to 10 business days before Covid.
I'm glad it was helpful. A Canadian Ltd is not treated as a limited liability company, so you would generally mark "no" for Question 8a. A Canadian Ltd is treated as a corporation for federal tax purposes, so 9a is "Corporation" with a "Form 1120-F" filing.
@@JasonDKnott Thanks so much. I couldn't find this info anywhere on internet. I posted on several subreddits. I saw some folks asking similar questions. I'm going to refer them here to maybe shed some light in addition to whatever articles/blogs they look into. Thanks
Hi Jason, great video. it really helped me understand the process. I have a couple of questions though. Can we make a phone call to get the EIN number? Second, if we don't have a fax number how do we get the response from IRS? thanks so much.
You can apply for an EIN over the phone, but only if the entity is a non-U.S. entity. For U.S. LLCs or Corporations with nonresident owners, you'll need to use the Form SS-4. If you don't have a fax number, then the IRS will simply mail the EIN confirmation letter to the business mailing address used on the Form SS-4
Hi Jason, Great video and very clear narration. Please could you let me know whether any one can be named as the designee to receive the EIN on behalf of me? Thanks in advance
The IRS wants to see the Articles of Organization or Certificate of Formation attached to the application, because it verifies the entity was legally created under state law. The company operating agreement is not direct evidence that the entity was legally created, it only serves as a contract between the owners as to how the entity will be managed.
You can fax the SS-4 to the IRS using a digital signature. If you are going to mail the form, I would recommend printing and signing with a wet signature
thank you jason for this great video, it's really clear and helpful.. i just have a question for the 9a because i didn't understand it very well .. is it enough to write FOREIGN OWNED U.S.DRE ?
You could, but I always include the Form 5472 piece so they know exactly what forms will be filed by the entity. Section 9a asks for the entity type, but the IRS also uses this information to determine what type of tax return is expected to be filed each year. For example, if you select "Partnership" in 9a, the IRS CP575 confirmation notice will ask you to file Form 1065 tax returns each year.
Thank you for your very helpful video. We got a question. We formed a c-corp for non-resident and we're filling the ss-4. For line 9a which is better for us? to specify other and enter "form 5472 disregarded entity" Or specify corporation and enter form 1120? Thank you.
If you formed a corporation under state law, the default tax classification is a C corporation for federal tax purposes. You would specify Corporation and Form 1120 as the tax return to be filed
Hi! I would like to get a consultation. this examples suites good for my case but with the difference that it is not a single LLC but a partnership in which both of us have 50% each and both are foreigns. thanks! great video BTW
Great video, thank you very much for this very valuable info. A small question though - do I need to tick box 14 in case I'm not planning to hire anyone nor to do any work from the USA?
If an individual has an international estate trust , (trustee has an address out of the country) how does said individual obtain a foreign trust EIN ? The purpose of the process is that it establishes the foreign trust as tax exempt. You may not have heard of such before but figured I would ask. Thank you for your content , very knowledge-able 🧠⚡️💯
you can still use the Form SS-4 to apply for the EIN. Because it is a foreign trust, you'll need to paper file or fax the Form SS-4. The online EIN application is not available for non U.S. entities and trusts
@@JasonDKnott thank you for the swift response !! sorry 1 question I thought of is in what exact circumstance would require the Renewal of an EIN ? You have a video on this ? I understand that generally there is no renewal requirement …
sir what we fill in( Colum 8c) if we have uk limited company ? because you get the click yes for the usa llc but we have uk limited company we want just EIN NUMBER AS A NON USA ENTITY /
if it is a non-U.S. entity, you can check "NO" for Question 8c as it is not a US LLC. Foreign entities can apply for a U.S. EIN either over the phone, by paper filing Form SS-4, or faxing Form SS-4 to the IRS.
This tutorial was for a domestic LLC based in Wyoming. You can submit a Form SS-4 for both domestic and foreign entities. If the entity is a foreign entity, you can actually call the IRS and apply over the phone, you do not need to submit a paper filed Form SS-4 for a foreign company.
Easily the best video on youtube on this subject. Thank you! Jason, do you think it's worth paying a company based in the USA to get this handled for you? The company I'm planning on using to form my LLC offer this as a service. It costs $200. Not sure if I should do it myself, or get this handled by professionals. What do you think? Thanks again for your video!
Thank you for your comment. It depends upon the service provider you hire. Some companies do a great job with an all inclusive service for entity formation and EIN applications, and others do a poor job, so it is difficult to give an exact answer.
@@JasonDKnott Hi Jason, I followed your video and completed my EIN application. Thank you! What's your latest experience with how long it takes for the IRS to issue an EIN to foreigners?? A rough estimate based on your experience?? Thanks again!
@@mufreauddinchoudhury8215 Hi did you hand-to-paper sign or put a digital signature on ss-4 form? I am going to fax to IRS but I want to use an online service to fax so it would be much easier if I can sign digitally.
I received my paperwork back from the IRS that on Line 4a and 4b I need to add the address for the tax payer (Foreign address) and not the business location (what is in the US). Is that true?
Hi Jason. thank you very much for detailed video. Helps so much. If i send the application by email Does the IRS return the EIN only by fax, meaning that fax number is manditory on aplication?
If you fax the application to the IRS, and you enter your own fax number on the applicant line, the IRS will fax you back a confirmation once the EIN is assigned. If you don't include a fax number, they will mail a CP575 notice to the mailing address on the SS-4.
Hi Jason, thank you for all the info,is greatly appreciated! Got a question, I am a third party designee (have ssn) of a domestic Llc with a foreign owner (no ITIN nor ssn) , can I use the irs online system as a third party to obtain the EIN? Saw there was an option to select “third party” on the system but not sure about it, Thank you!
Yes, a third party designee can complete the online application on behalf of the entity. You still need to retain a signed SS-4 for your records as the third party designee. On the CP575 notice, sometimes the IRS will still indicate that the third party designee is an LLC member, which isn't always the case. The annual tax filing for the foreign owned single member LLC (Form 5472) should clearly indicate who is the owner of the LLC.
Really really helpful videos. If I form a WY single-member foreign-owned LLC and then a NM LLC subsidiary, 100% owned by the WY LLC, I guess I need just one 1120 (?) but then do I need one or two 5472 filings each year (?) and what goes in box 9a on the EIN application under "other"? Would like to understand before buying your video.
You would need two separate filings for each LLC, because each LLC is a disregarded entity. So an 1120 and 5472 for the parent company, and then a separate 1120 and 5472 for the subsidiary
Thankyou so much for you knowledge. I received my EIN number following the steps you indicated in the video. Do I need to fill out form 8832 now to choose a classification or is it not necessary?
It depends upon whether you want to change the tax classification. When you form an LLC in the U.S., it automatically taxed a certain way by default, depending upon the ownership structure. A single member LLC is by default a disregarded entity, a multi member LLC is by default a partnership. If you want to change the default classification to a corporation, you can file Form 8832.
No. All entities (whether U.S. or foreign) can apply for an EIN with the IRS. If you are a non-U.S. entity, you have to apply for an EIN by sending Form SS-4 via fax or mail, or you can call the IRS over the phone and apply for an EIN. Foreign companies cannot use the IRS online EIN application system.
You can apply for an EIN over the phone only if the entity is a non-U.S. entity. If the EIN application is for a U.S. entity, you need to apply by filing a Form SS-4 via mail or fax.
Thank you so much for sharing your knowledge here, excellent video! Quick question, why didn't you fill out 5a and 5b? Are they not necessary? Also most foreign Wy LLCs I see use the same Wy address they used for the mailing address for the principal office address of the close limited liability company, since this address isn’t the physical address and is not owned by the LLC, I assume this shouldn’t be a problem in terms of creating nexus? Thanks a million and no worries, I know not to take your comments as legal advice here :)
5a and 5b are used if the mailing address differs from the actual address of the business. most foreign owned LLCs use a mail forwarding address in the U.S., or the registered agent address in the state
Hi Jason, Thanks for the step-by-step instruction. If the applicant is a foreign corporation, do I leave the "form number to be filed" blank after checking "Corporation" for 9a? Thank you!
If it's a foreign corporation, the default form to file would be "Form 1120-F". After the EIN is assigned, if the entity decides to file an entity classification election (Form 8832) to change its tax classification, then that would change the type of filing required.
Thank you for the prompt reply and your time. We only plan to obtain the EIN as requested by new US customers. We don't plan to set up warehouse, office locations, or hire employees in the US. Neither will the export sales to the US account for a significant part for the Company's entire revenue. Is Form 1120-F always required even for our situation? How would Form 8832 work for our case if you please shed some light? Thank you!
This video is very helpful., Can we schedule a quick consultation? Do you help obtain ITIN as well? I am in the works of getting my own LLC (I am non-resident alien).
Hi Jason, as a non resident, under (9a) may I able to type ONLINE STORE or ECOMMERCE STORE by the tick on Other (specify) or I needed to fill the Form 5472 and it must attached with SS-4 while fax,?
If you send the SS-4 by fax, and ask to receive the confirmation by fax as well, it usually takes 3 to 5 business days. If you mail the SS-4 and wait to receive the CP575 notice in the mail, it takes about 6 weeks.
Thanks Jason this was super informative. Do you know if there are any changes to keep in mind when applying via telephone service? This would be for a partnership LLC (100% foreign owned)
I tried via the telephone yesterday and the woman said that the only way to apply was via fax or mail. She also said that there was no such thing as a foreign controlled llc. "if its a us llc then its not foreign controlled" was her argument. I got off the phone quickly because my head was bleeding from bashing it against the wall
Fantastic. Thanks for this Jason. Going to do this tomorrow. Just a quick question. Do you know how long it takes for them to fax the form back with the EIN number? Sorry. Just checked their website. It takes 4 days.
@@kieutrang1579 I called them yesterday. The operator said if there is an issue with the application, they don't respond. I forgot to sign mine. If you decide to call them. Then be near a fax machine. Because during the call, the operator will give you a fax machine number to resend the application.
@@mistermannan thanks for the advice!! Oh, and I’ve just knew that I just can call them to request for ein number if i’m not in the Us. Don’t have to wait for that longggg:((
the best solution is to use an efax service so you don't need an actual fax machine or landline phone number. You are assigned a virtual fax number, and you can upload PDF documents and send them via fax. Efax.com for example.
Hello, thank you for your great video on the ss-4 form for setting up an LLC. I am resident in France, I want to create an LLC to do the Amazon FBA E Commerce. I chose a virtual address for free on the Shipito site, is it suitable? Thank you
You can certainly use a virtual address for the LLC for general mail and for tax purposes. If you are running an Amazon FBA business, Amazon will sometimes require a physical address because it needs a location to return merchandise. Check with Amazon to see if they accept your virtual address for their Amazon seller accounts.
Yes, you can provide the certificate of formation. Some states use the language "Certificate of Formation" for LLC formations, while other states use the language "Certificate of Organization". They are the same document.
Yes, you can definitely apply by mail. A non-U.S. entity can apply by phone, mail or fax. U.S. entities with a non-U.S. owner must apply by mail or fax. If the U.S. company has a U.S. owner with a valid ITIN or SSN, the application can be submitted online using the IRS EIN assistant.
You can use any contact address where you are confident you will receive mail. Many companies use a mail forwarding service which provides a unique address, but you are not allowed to use a PO box.
Thank you for this, Jason. I have one question related to the line 6. Should I put the principal office address of the LLC, provided by the Registered agent and stated in my Articles of organization, or my home location, in Bosnia, where I'm running my online business from?
You should use the address where your business is physically located. You can use the registered agent address, but if any documents are mailed to your registered agent, they will generally charge you extra fees for mail forwarding. I recommend my clients pay for a separate mail forwarding service with a different address.
@@JasonDKnott Hi Jason, you corroborate what is happening to me. In general I am very happy with the management of my registered agent, he has been surprisingly fast when registering my LLC and in terms of privacy, no personal information about me comes out. But as you say, postage costs are separate, that's why I've decided to hire a separate mailbox.
If the owner or responsible party is a US person with a valid ITIN or SSN, then the owner should file the EIN application using the online portal. If UBO is a non-U.S. person, use the Form SS-4
Yes, you can file the Form SS-4 for a U.S. domestic C corporation if you are the nonresident shareholder. Line 8a would be NO because the entity is not an LLC. On Line 9a you would check Corporation and enter Form 1120 as the tax return to be filed.
Hi, Highly informative and perhaps one of the best videos on youtube related to EIN and thank you for the same. I have a Uk Ltd. company.. and I don’t any sort of entity (neither LLC nor any other entity) in USA. Please advise Am I eligible to have EIN number? As i have already successfully registered with an E-commerce Platform in USA. Best regards
The fax numbers are updated frequently, so it is best to search the most recent version of the instructions on the IRS website to look up the current number. A third party designee should not submit the form online using their SSN because that would make the third party designee a nominee owner.
No. You don't need to attach a foreign ID as the owner. You just need to attach a copy of the entity organizational document, such as the LLC Certificate of Formation, or a corporation's Articles of Incorporation.
Hi, I have sent the form via fax, and later realized that I left 9b empty. I have a single-member LLC set up in WY and I'm located in europe. Should I expect some issues because of that?
it depends upon who is going to process the application. if line 9b is left blank, the IRS may process the application and just presume you have a Wyoming LLC. In my cases, however, I have seen EIN applications returned because the field was left blank
Hi Jason, here's a another quick one for you ;) A) If you add a member to an existing single member LLC with EIN on January 1st, do you still have to terminate the old EIN and request a new one since the entity is now a partnership, or since the entity is going to be a partnership for the entire tax year (so only one filling will be necessary), could one just continue with the same EIN number from the year before when it was taxed as a single member LLC? B) If the entity does need a new EIN in this scenario, I assume question 11 "date Business started or acquired" is still when it was originally formed with the single member? I guess you'd add the old EIN for (18) also. Thanks!
Hello, Do I need to have 147 verification letter or is it enough to have only CP 575 G letter? I only have CP 575 G, am I good to go or should I apply for verification letter 147? Thanks
Whether you are subject to taxes in the U.S. depends upon many variables. If you have U.S. source royalty income, then Amazon will withhold taxes at a 30% rate, or a reduced tax treaty rate if that applies.
Hi,it's good informative video...I have one question...while formation LLC for non USA resident we neither ask for passport in LLC form(f-205) and nor asked it for in EIN form(ss-4)...Is it correct if we put these both without passport no ?
If you are a non-resident of the U.S., you do not have to enter a tax ID number on the SS-4. If the responsible party is a U.S. person or has an ITIN, then you enter that number in field 7b
Waoh your video is amazing. Excuse I already registered the LLC but I add my wife as manager too. So LLC has 2 members (both same managers level) and no more members. In the section 9a you mentioned if LLC members is only 1 then put "(other FORM 5472", in my situation I should put partnership instead? And just that ?
If the LLC has two or more members, then it is classified as a partnership for federal tax purposes. Once it is a partnership, it must file Form 1065 each year, unless the LLC files an election to be treated as an S corporation or a C corporation.
Hi Jason, I opened an LLC 2 years ago, but the company that "helped me" filled out the EIN application with my address in Mexico. Can I change my mailing address to the virtual address I have in vegas? Do I need to keep sections 5a and 5b with my Mexican address? Thanks so much.
Hello fiend, I jus registered and LLC and have a US address listed as a company address for notifications, In the LLC registration shows me with an address in the US however I live in Canada, I don't have ITIN nor ssn, should I apply by phone or mail under this conditions? Thanks for your help.
If it's a U.S. LLC you need to apply by mail or via fax. The phone application is available for non-U.S. companies only. So if you had a Canadian Inc and needed an EIN you could use the phone application procedures.
It depends upon how you submit the EIN application. The IRS always send you a confirmation via mail to the mailing address listed on the Form SS-4. If you applied via fax, they will also send a confirmation to the fax number listed on the SS-4.
Hi Jason, I will legally migrate to USA in a few weeks, so should I wait and apply for the EIN after reaching to USA as a resident of USA or I can apply it right now as a foreign.
Thanks so much very informative video 👍🏻being Canadian company and having LLC in USA I think I can’t apply online or over the phone right ..because I called IRS and agent says you should send mail or fax documents .but that will take months for sure .so can I hire someone legal services to get ASAP if that posible what you advise Thanks again for your Great video and help Btw I just subscribed
The IRS is correct. If you have a US company with non-U.S. owners, you'll need to submit via fax or mail. The online phone application is available for non-U.S. entities only.
@@JasonDKnott Thanks for quick reply so is there way might hiring someone to get faster because if not will take months .what you advise please ?what if I say we r located in Canada only as main address not saying we have mailing address in Canada is that ok ? Thanks 🙏
The articles is the document filed with the secretary of state to create the entity. For a corporate entity, this is generally the "Articles of Incorporation". For an LLC, it is labeled as "Articles of Organization" or the "Certificate of Formation"
Hi, I would like to know can I sign it with SignTool app? If not, will IRS accept A4 page size, because I have that one in my country? What is the best way to do it, can you give me an advice? Thank you.
The IRS generally likes to see an ink pen signatures on forms. If you place an electronic signature on the form, there is a chance the IRS could reject the filing for not having an original signature.
Hello sir I received my Ein number on 09-01-2022 and I was told that I will receive confirmation letter after 04 weeks , is it the fact or can we receive it at the earliest.thanx.
Yes, the IRS generally mails a CP575 confirmation notice within 4 to 6 weeks. If you need to get a faster confirmation letter, you can contact the IRS and ask for a Letter 147C which they can fax you.
Hi Jason, I registered the LLC in Delaware but I stay in Australia and run the business, should the principal business location be in Australia not in Delaware? I am a bit confused because some other RUclips videos suggest putting the company's location at LINE 6.
hi jason I got question I am from Turkey I Apply for LLC from Delaware and I got it now I am trying to get my EİN but I am trying to get my EİN through friend fax who lives. in US what I am planing to do is sent my SS4 form to him through email and my LLC certification and he is gonna fax it to IRS do I have to but his name as designee ? or can I do that without put his name as designee or am I allow to do so like sending my SS4 to someone in US and he is gonna fax it for me ?
I would not recommend using a different person to apply for an EIN. As a non-U.S. person, you can still apply for an EIN for your LLC, you just need to submit the SS-4 via fax or U.S. mail. The IRS expressly prohibits nominee EIN applications, meaning you are not allowed to another person's SSN or ITIN to apply for the EIN if they have no connection to the business entity.
Hi can I add an other manager in the third party line, other than my name, since l have a manager listed on the LLC? Thank you, and your video is very helpful
If the LLC operating agreement provides that the LLC shall be a manager-managed LLC, then the Manager of the LLC can apply as the responsible party. However, the IRS system will likely still show the Manager as a member of the LLC, which is not always the case.
Are non-residents still able to get EIN via the phone call method? Is this still working? Please confirm if someone had any success and tips regarding the same.
Nonresidents can apply for an EIN over the phone if it is a entity formed outside of the U.S. For example, if you open a United Kingdom Ltd, you can apply for the EIN over the phone. If you open a U.S. entity with a nonresident owner, you must still submit a paper SS-4 or fax it to the IRS.
@@JasonDKnott Thanks so much for the feedback. Bothering you once again. Please answer. 1. Can I use my relative SSN (with their consent) to obtain EIN but he isn't part of the LLC (with some agreement with the SSN holder)? There is an option (check attached screenshot) in which IRS allows an unauthorized third party (SSN/ITIN holder) can apply on behalf of the LLC where IRS will send EIN via mail to LLC physical address (not sure how long IRS will take). image.png 2. Another option is that online sellers claiming they can arrange EIN in 1-2 business days. I suspect they will use their own/someone else SSN to obtain EIN via online EIN assistant. Is that legal? Designated Third party will apply via SS-4 which is again a lengthy process. My main question is that I need EIN on an urgent basis (within a week) and with legal options. There are two options provided to users. 1- I'm one of the members, partners, or managing members of the LLC2. 2- I'm a third party applying for an EIN on the behalf of this LLC My relative is NOT part of that LLC. If I go with 2nd option, will IRS provide EIN instantly or they will mail it to the physical virtual address (LLC mailing address)?
@@pirzadaabdullahjan2729 Yes, got it by using relative SSN but now need to change EIN responsible party name (relative name on EIN) by sending IRS form 8822-B.
Hello, I filed my application the first time in oct 13th and after 2 months I recieved a fax from the IRS and they told me that I forgot to write something in line 7b. I left it blank while I was supposed to write foreign as you did here. Dec 18th the same day I recieved a fax from the IRS I quickly fixed the mistake they mentioned and faxed it back with all the other documents they requested a couple hours later and now it's been more than 2 months and I still haven't recieved anything back from them, how much longer should I expect to wait?
Currently I am seeing EIN applications for nonresidents take about 80 days to process. If you resubmited the SS4 and the IRS reprocessed the application, there is a chance you could be waiting the additional 80 days.
Thank you so much for the upload, I found your video after 3 months waiting for my EIN, with no result. Then I called in IRS from Australia, been told few things missing on the form, wasted such long time. I have to redo the form again today, one question, after this, do I need to lodge form 5472 or not, and to which department?
Glad it helped! If you formed an LLC in 2020, you need to file a Form 5472 by April 15th of this year. The IRS publishes instructions on their website about how to complete the Form 5472 and where to file the forms. They can be filed via fax or by mail.
@@JasonDKnott Thank you for your reply and explaination. I am in a group of Amazon seller, about 500pp, do you mind I advice my mentor to introduce your RUclips link to all the members? We had one before, but honestly, I felt yours is so much better. I followed the old link he provided, ended up with wasting 3 months for nothing! Thank you again for the sharing!
@@ilisam Thank you. Happy to help. A U.S. LLC that is a foreign-owned disregarded entity must use a calendar year as its tax year. If you formed an LLC in 2021, the tax year-end will be December 31, 2021. The first Form 5472 will be due on or before April 15, 2022. So your first tax filing will be next year.
Thanks for this super helpful video. I am in Spain and just wondering about the Mailing Address section. Is it ok to put my home address where I am a rental tenant in Spain? What happens if I move at some point, is it easy to change the address with the IRS? And is it safe to put my home address in as the address on the form?
Yes, you can certainly use a Spain address for mailing purposes or the physical location of the business. If you move to a different address you can file a change of business address on Form 8822-B to update the IRS records.
@@JasonDKnott Thank you so much. In that case, if I use my Spain Mailing Address, but the LLC was formed in Wyoming, would the Principal Place Of Business be Spain... or Wyoming, USA?
Hi Jason, Can I apply for EIN online for a foreigner with foreign address as a third party designee? will i get the EIN online? or they will mail it to the foreign address? thanks.
Hi friend, Thanks for your informative video, I have a non us resident or visa, I did apply for a Virtual address for making a process for LLC but I stuck in SSN code in the Notarization process. Can you please help with me should I first apply SS4 form for EIN, apply first for the LLC application? OR for Virtual address? what the first step should I do for making LLC in the US? Im looking forward to your informative response. Thanks
Hello Sajjad - you should always form the LLC first and receive confirmation from the state that the Articles of Organization was approved. Next, apply for a virtual mailing address or mail forwarding address, whichever you need. Then apply for the EIN using the SS-4.
After having an EIN , if i have no operation offive or employee in usa but just online business, is my business still taxable ! I heared it is a No , so how this works with the new released EIN ? I have Is it that i get notified of being nin taxable or shall report yearly then ll result in no tax still or how does it word for non us aliens ? I hope u help with insights , Thank U
Having an EIN does not mean your business is necessarily subject to U.S. taxes. A foreign company is subject to taxes in the U.S. if it receives U.S. source FDAP income, or the foreign company is engaged in U.S. trade or business and earns U.S. source ECI from that trade or business.
Once you have the EIN, your tax filings will depend upon the type of entity, ownership structure, and location of the business. We have a simple video which covers these issues: ruclips.net/video/-Xbcllhgc4Y/видео.html
Hi Jason, For Example I have register C corporation in the US and I am the director and president of the US Corporation. I am transferring the funds from my Indian entity for 100% share of the US entity to the Indian entity. In this case can you suggest me what should I mention 6, 8A, 8B, 8C, 9A & 9B in form SS-4 and do I need to fill form 5472. Please advise me as early as possible it will be a great help to me.
the U.S. has no restrictions on who can form a U.S. LLC or corporation. Once you pick a state to form the entity, visit the state website to file the articles of organization or incorporation
thank you very much for the informative video, I live in Iraq and not a US citizen I have a RUclips channel, Currently RUclips requested a TIN number and I don't have one, can I create an EIN number and use it? thank you in advance.
If you lost your company EIN, you can contact the IRS and request a LTR 147C
ruclips.net/video/QL07-j_-pJs/видео.html
Thanks for the video! I have a question
How long will it take to get the ein back if the non-resident sends the SS-4 form by fax now? Someone asked this previously, but that was 6 months ago...
SUPER helpful - thanks for the step by step content.
Glad it was helpful!
Hi Jason, thanks for the valuable video! It helps a lot! I made a few modifications based on your example for the SS-4 form.
Glad it helped!
@@JasonDKnotthi! Can we do it online from Europe?
thanks again for your videos. Please kepp doing it!!! youa re a great teacher too!
Thank you!
Hi,
Jason thanks a lot with your video I was able to get EIN from IRS they just send me my EIN within 3 days thanks a lot
Glad I could help!
Brilliant. This is very much appreciated.
Glad it was helpful!
JASON EXCELLENT JOB MATE!!!
Thank you for watching!
Best video on the subject. Thank you. Qs Would I write Foreign if I check sole proprietor to box 9a? Re 9b. Would I write the state and United States where I have a business? Am I considered a US person since I have a business in the US?
You are considered a U.S. person if you are either a U.S. citizen, a U.S. permanent resident (green card holder), or you are physically present in the U.S. a sufficient amount of days to meet the substantial presence test
Hi Jason,
Just as a preface I should say I'm a single shareholder corporation based in the UK. Additionally, I have no company incorporated in the US (including any subsidiaries of any kind). Also, for tax purposes as well as in general I would like to be recognised by the IRS as a LLC. The way I make money is by posting video courses on an online education website called Udemy. When a person buys my course, they actually pay Udemy and then Udemy sends me a fraction of the sale money 2 months later. The revenue I make from sales on Udemy is classed as royalties income. As of right now, Udemy is withholding 24% of my revenue because I have not filled out a W-8BEN-E form.
I have 2 questions which relate to line 9a. First, should I select 'Other' and then specify a 'foreign disregarded entity' (omitting the 'US' that you included in the video)? Second, do I also need to fill out a 5472 form?
Any help would be greatly appreciated
how to file a foreign estate tr
Really helpful video. I just want to know what is the processing time these days if the form SS-4 is sent via fax by a non-resident owner?
Processing times are very long because of the Covid 19 backlog. We are seeing at least 10 to 12 weeks of waiting time if the form is faxed to the IRS. Normally it was 7 to 10 business days before Covid.
Jason is there any work around this long time please
Thanks for video, it's really helpful. Could you do one for a Canadian LTD, not sure what to put in for 8a and 9a. Thanks
I'm glad it was helpful. A Canadian Ltd is not treated as a limited liability company, so you would generally mark "no" for Question 8a. A Canadian Ltd is treated as a corporation for federal tax purposes, so 9a is "Corporation" with a "Form 1120-F" filing.
@@JasonDKnott Thanks so much. I couldn't find this info anywhere on internet. I posted on several subreddits. I saw some folks asking similar questions. I'm going to refer them here to maybe shed some light in addition to whatever articles/blogs they look into. Thanks
Hi Jason, great video. it really helped me understand the process. I have a couple of questions though. Can we make a phone call to get the EIN number? Second, if we don't have a fax number how do we get the response from IRS? thanks so much.
You can apply for an EIN over the phone, but only if the entity is a non-U.S. entity. For U.S. LLCs or Corporations with nonresident owners, you'll need to use the Form SS-4. If you don't have a fax number, then the IRS will simply mail the EIN confirmation letter to the business mailing address used on the Form SS-4
Hi Jason,
Great video and very clear narration.
Please could you let me know whether any one can be named as the designee to receive the EIN on behalf of me?
Thanks in advance
Yes, you can appoint a third party designee to apply for the EIN on your behalf. You would still list your name as the responsible party in Line 7a
Very helpful 🤩
Glad it was helpful!
Can you add operating agreement in place of the articles of organization
The IRS wants to see the Articles of Organization or Certificate of Formation attached to the application, because it verifies the entity was legally created under state law. The company operating agreement is not direct evidence that the entity was legally created, it only serves as a contract between the owners as to how the entity will be managed.
@@JasonDKnott I get it
Very effective video Jason! I got a question. Can I fax the form SS-4 to IRS with a digital signature?
You can fax the SS-4 to the IRS using a digital signature. If you are going to mail the form, I would recommend printing and signing with a wet signature
@@JasonDKnott I called IRS the other day but the operator said they don't accept digital signatures. But I will give it a try anyway.
Thank you for the video! What should I put as "Principal line of business" if my LLC is a holding company?
If the entity will act as a holding company for other subsidiaries, then you can put "Holding Company" as the principal activity.
thank you jason for this great video, it's really clear and helpful.. i just have a question for the 9a because i didn't understand it very well .. is it enough to write FOREIGN OWNED U.S.DRE ?
You could, but I always include the Form 5472 piece so they know exactly what forms will be filed by the entity. Section 9a asks for the entity type, but the IRS also uses this information to determine what type of tax return is expected to be filed each year. For example, if you select "Partnership" in 9a, the IRS CP575 confirmation notice will ask you to file Form 1065 tax returns each year.
Thank you for your very helpful video. We got a question. We formed a c-corp for non-resident and we're filling the ss-4. For line 9a which is better for us? to specify other and enter "form 5472 disregarded entity" Or specify corporation and enter form 1120?
Thank you.
If you formed a corporation under state law, the default tax classification is a C corporation for federal tax purposes. You would specify Corporation and Form 1120 as the tax return to be filed
Hi! I would like to get a consultation. this examples suites good for my case but with the difference that it is not a single LLC but a partnership in which both of us have 50% each and both are foreigns.
thanks! great video BTW
Great video, thank you very much for this very valuable info. A small question though - do I need to tick box 14 in case I'm not planning to hire anyone nor to do any work from the USA?
You only select box 14 if you want to file Form 944 in lieu of quarterly Forms 941. If you have no payroll then you leave box 14 unchecked
@@JasonDKnott cheers, thank you very Jason 🙏
If an individual has an international estate trust , (trustee has an address out of the country) how does said individual obtain a foreign trust EIN ?
The purpose of the process is that it establishes the foreign trust as tax exempt. You may not have heard of such before but figured I would ask.
Thank you for your content , very knowledge-able 🧠⚡️💯
To add -
A private trust is technically foreign to the U.S. my question is in reference to a foreign irrevocable estate trust …
you can still use the Form SS-4 to apply for the EIN. Because it is a foreign trust, you'll need to paper file or fax the Form SS-4. The online EIN application is not available for non U.S. entities and trusts
@@JasonDKnott thank you for the swift response !! sorry 1 question I thought of is in what exact circumstance would require the Renewal of an EIN ? You have a video on this ?
I understand that generally there is no renewal requirement …
sir what we fill in( Colum 8c) if we have uk limited company ? because you get the click yes for the usa llc but we have uk limited company we want just EIN NUMBER AS A NON USA ENTITY /
if it is a non-U.S. entity, you can check "NO" for Question 8c as it is not a US LLC. Foreign entities can apply for a U.S. EIN either over the phone, by paper filing Form SS-4, or faxing Form SS-4 to the IRS.
What if you worked in the USA as a student and you got a SSN . But you are only legal to work on a permit.. CAn you use that SSN without the permit
Jason what if it’s domestic based LLC not Foreign
This tutorial was for a domestic LLC based in Wyoming. You can submit a Form SS-4 for both domestic and foreign entities. If the entity is a foreign entity, you can actually call the IRS and apply over the phone, you do not need to submit a paper filed Form SS-4 for a foreign company.
very helpful tnx
Glad it helped
Easily the best video on youtube on this subject. Thank you! Jason, do you think it's worth paying a company based in the USA to get this handled for you? The company I'm planning on using to form my LLC offer this as a service. It costs $200. Not sure if I should do it myself, or get this handled by professionals. What do you think? Thanks again for your video!
Thank you for your comment. It depends upon the service provider you hire. Some companies do a great job with an all inclusive service for entity formation and EIN applications, and others do a poor job, so it is difficult to give an exact answer.
@@JasonDKnott could you recommend authentic agents or companies who can provide good services of company formation?
@@JasonDKnott Hi Jason, I followed your video and completed my EIN application. Thank you! What's your latest experience with how long it takes for the IRS to issue an EIN to foreigners?? A rough estimate based on your experience?? Thanks again!
@@mufreauddinchoudhury8215 Hi did you hand-to-paper sign or put a digital signature on ss-4 form? I am going to fax to IRS but I want to use an online service to fax so it would be much easier if I can sign digitally.
I received my paperwork back from the IRS that on Line 4a and 4b I need to add the address for the tax payer (Foreign address) and not the business location (what is in the US). Is that true?
Hi Jason. thank you very much for detailed video. Helps so much.
If i send the application by email Does the IRS return the EIN only by fax, meaning that fax number is manditory on aplication?
If you fax the application to the IRS, and you enter your own fax number on the applicant line, the IRS will fax you back a confirmation once the EIN is assigned. If you don't include a fax number, they will mail a CP575 notice to the mailing address on the SS-4.
Hi Jason, thank you for all the info,is greatly appreciated! Got a question, I am a third party designee (have ssn) of a domestic Llc with a foreign owner (no ITIN nor ssn) , can I use the irs online system as a third party to obtain the EIN? Saw there was an option to select “third party” on the system but not sure about it,
Thank you!
Yes, a third party designee can complete the online application on behalf of the entity. You still need to retain a signed SS-4 for your records as the third party designee. On the CP575 notice, sometimes the IRS will still indicate that the third party designee is an LLC member, which isn't always the case. The annual tax filing for the foreign owned single member LLC (Form 5472) should clearly indicate who is the owner of the LLC.
@@JasonDKnott Awesome, Thank you very much sir! I really appreciate your prompt response.
U got a subscriber here.
Really really helpful videos. If I form a WY single-member foreign-owned LLC and then a NM LLC subsidiary, 100% owned by the WY LLC, I guess I need just one 1120 (?) but then do I need one or two 5472 filings each year (?) and what goes in box 9a on the EIN application under "other"? Would like to understand before buying your video.
You would need two separate filings for each LLC, because each LLC is a disregarded entity. So an 1120 and 5472 for the parent company, and then a separate 1120 and 5472 for the subsidiary
Thankyou so much for you knowledge. I received my EIN number following the steps you indicated in the video. Do I need to fill out form 8832 now to choose a classification or is it not necessary?
It depends upon whether you want to change the tax classification. When you form an LLC in the U.S., it automatically taxed a certain way by default, depending upon the ownership structure. A single member LLC is by default a disregarded entity, a multi member LLC is by default a partnership. If you want to change the default classification to a corporation, you can file Form 8832.
@@JasonDKnott thanks a lot
thanks if i apply for ein how many day it will take for me to receive the card
It took Cyber credible 4days to get it back
Do I have to have a foreign Llc for foreign ein?
No. All entities (whether U.S. or foreign) can apply for an EIN with the IRS. If you are a non-U.S. entity, you have to apply for an EIN by sending Form SS-4 via fax or mail, or you can call the IRS over the phone and apply for an EIN. Foreign companies cannot use the IRS online EIN application system.
DO WE NEED TO SIGN THE form SS4 and date it before faxing? Is Digital Signature allowed?
Possible to get EIN asap by phone... as foreigner?
You can apply for an EIN over the phone only if the entity is a non-U.S. entity. If the EIN application is for a U.S. entity, you need to apply by filing a Form SS-4 via mail or fax.
Thank you so much for sharing your knowledge here, excellent video! Quick question, why didn't you fill out 5a and 5b? Are they not necessary?
Also most foreign Wy LLCs I see use the same Wy address they used for the mailing address for the principal office address of the close limited liability company, since this address isn’t the physical address and is not owned by the LLC, I assume this shouldn’t be a problem in terms of creating nexus?
Thanks a million and no worries, I know not to take your comments as legal advice here :)
5a and 5b are used if the mailing address differs from the actual address of the business. most foreign owned LLCs use a mail forwarding address in the U.S., or the registered agent address in the state
Hi Jason,
Thanks for the step-by-step instruction.
If the applicant is a foreign corporation, do I leave the "form number to be filed" blank after checking "Corporation" for 9a?
Thank you!
If it's a foreign corporation, the default form to file would be "Form 1120-F". After the EIN is assigned, if the entity decides to file an entity classification election (Form 8832) to change its tax classification, then that would change the type of filing required.
Thank you for the prompt reply and your time. We only plan to obtain the EIN as requested by new US customers. We don't plan to set up warehouse, office locations, or hire employees in the US. Neither will the export sales to the US account for a significant part for the Company's entire revenue.
Is Form 1120-F always required even for our situation?
How would Form 8832 work for our case if you please shed some light?
Thank you!
This video is very helpful., Can we schedule a quick consultation? Do you help obtain ITIN as well? I am in the works of getting my own LLC (I am non-resident alien).
Did you get your EIN Mudassir
@@pirzadaabdullahjan2729 yes i do have ein now.
Yes, we can certainly help you obtain an ITIN and assist with any U.S. tax filings. Please email us at: info@knottpllc.com
Hi Jason, as a non resident, under (9a) may I able to type ONLINE STORE or ECOMMERCE STORE by the tick on Other (specify) or I needed to fill the Form 5472 and it must attached with SS-4 while fax,?
Question 9a is asking for the type of legal and tax structure for the entity, not the type of business activity of the entity.
How long would it take to get the fax back ?
If you send the SS-4 by fax, and ask to receive the confirmation by fax as well, it usually takes 3 to 5 business days. If you mail the SS-4 and wait to receive the CP575 notice in the mail, it takes about 6 weeks.
thankuuuuu!!!
you're welcome
Thanks Jason this was super informative. Do you know if there are any changes to keep in mind when applying via telephone service? This would be for a partnership LLC (100% foreign owned)
I tried via the telephone yesterday and the woman said that the only way to apply was via fax or mail. She also said that there was no such thing as a foreign controlled llc. "if its a us llc then its not foreign controlled" was her argument. I got off the phone quickly because my head was bleeding from bashing it against the wall
how long would it take to get the ein in wyomig for a non resident ?
Fantastic. Thanks for this Jason. Going to do this tomorrow. Just a quick question. Do you know how long it takes for them to fax the form back with the EIN number?
Sorry. Just checked their website. It takes 4 days.
Did they fax you back with the Ein number? I thought it takes 4 days too, but it's almost a month and I didn't receive anything.
@@kieutrang1579 not yet. It's been more than a week.
@@kieutrang1579 I called them yesterday. The operator said if there is an issue with the application, they don't respond. I forgot to sign mine. If you decide to call them. Then be near a fax machine. Because during the call, the operator will give you a fax machine number to resend the application.
@@mistermannan thanks for the advice!! Oh, and I’ve just knew that I just can call them to request for ein number if i’m not in the Us. Don’t have to wait for that longggg:((
whats the fax number of the irs if you fax from outside the us?
Hello, thanks for the info. However, I dont know anyone who still have a fax machine. This is a problem for me, please help.
the best solution is to use an efax service so you don't need an actual fax machine or landline phone number. You are assigned a virtual fax number, and you can upload PDF documents and send them via fax. Efax.com for example.
Hello, thank you for your great video on the ss-4 form for setting up an LLC.
I am resident in France, I want to create an LLC to do the Amazon FBA E Commerce. I chose a virtual address for free on the Shipito site, is it suitable?
Thank you
You can certainly use a virtual address for the LLC for general mail and for tax purposes. If you are running an Amazon FBA business, Amazon will sometimes require a physical address because it needs a location to return merchandise. Check with Amazon to see if they accept your virtual address for their Amazon seller accounts.
Great video. The IRS is asking me for a "Certificate of Formation". Can I substitute this for a copy of the "Articles of Organization"?
BTW, I did not see the video for Form 5472. In regards to this form, if my new LLC is receiving money from my non-US, do I need this form?
Yes, you can provide the certificate of formation. Some states use the language "Certificate of Formation" for LLC formations, while other states use the language "Certificate of Organization". They are the same document.
Thank you very much.
Tnx Buddy for the great video, Is there any way to apply by mail instead the phone call??
Yes, you can definitely apply by mail. A non-U.S. entity can apply by phone, mail or fax. U.S. entities with a non-U.S. owner must apply by mail or fax. If the U.S. company has a U.S. owner with a valid ITIN or SSN, the application can be submitted online using the IRS EIN assistant.
@@JasonDKnott This is so great 👌
Please what is the email used??
Tnx in advance 🙏
Thank you, so Name of responsible party should not be your registered agent?
Man oh man I just fill application for ein# yesterday wow if I had this info yesterday smh I have a question do you have a video on form 56?
Yes we do! You can find our video here: ruclips.net/video/6c-taf-yVTY/видео.html
What address can be out for business address if there is no permanent address or living on rent?
You can use any contact address where you are confident you will receive mail. Many companies use a mail forwarding service which provides a unique address, but you are not allowed to use a PO box.
Thank you for this, Jason. I have one question related to the line 6. Should I put the principal office address of the LLC, provided by the Registered agent and stated in my Articles of organization, or my home location, in Bosnia, where I'm running my online business from?
You should use the address where your business is physically located. You can use the registered agent address, but if any documents are mailed to your registered agent, they will generally charge you extra fees for mail forwarding. I recommend my clients pay for a separate mail forwarding service with a different address.
@@JasonDKnott Hi Jason, you corroborate what is happening to me. In general I am very happy with the management of my registered agent, he has been surprisingly fast when registering my LLC and in terms of privacy, no personal information about me comes out. But as you say, postage costs are separate, that's why I've decided to hire a separate mailbox.
as manager of a UBO, Manager is a NON-US Person, is SS4 best? or is the UBO its self a US-resident(Fict Person)?
If the owner or responsible party is a US person with a valid ITIN or SSN, then the owner should file the EIN application using the online portal. If UBO is a non-U.S. person, use the Form SS-4
Thank you for the video, so for DRE needs to file 1120 and 5472? No 1040 NR? or all the three?
Unfortunately while filling ss4 form i selected corporation rather than US owned disregard entity. What can i do now? Please guide accordingly
Can I do the same for a C-Corp? if so, what option should I choose for 8a and 9a? Thanks in advance
Yes, you can file the Form SS-4 for a U.S. domestic C corporation if you are the nonresident shareholder. Line 8a would be NO because the entity is not an LLC. On Line 9a you would check Corporation and enter Form 1120 as the tax return to be filed.
Hi, Highly informative and perhaps one of the best videos on youtube related to EIN and thank you for the same.
I have a Uk Ltd. company.. and I don’t any sort of entity (neither LLC nor any other entity) in USA. Please advise Am I eligible to have EIN number? As i have already successfully registered with an E-commerce Platform in USA. Best regards
Hi Jason have another question also to file a foreign grantor tr with 98# series
do you know the correct fax number? can the third party designee submit the form online if it has a SSN?
The fax numbers are updated frequently, so it is best to search the most recent version of the instructions on the IRS website to look up the current number. A third party designee should not submit the form online using their SSN because that would make the third party designee a nominee owner.
Hi Jason! Do I have to submit forgein ID, like passport or government ID with SS4 form to IRS
No. You don't need to attach a foreign ID as the owner. You just need to attach a copy of the entity organizational document, such as the LLC Certificate of Formation, or a corporation's Articles of Incorporation.
Hi, I have sent the form via fax, and later realized that I left 9b empty. I have a single-member LLC set up in WY and I'm located in europe. Should I expect some issues because of that?
it depends upon who is going to process the application. if line 9b is left blank, the IRS may process the application and just presume you have a Wyoming LLC. In my cases, however, I have seen EIN applications returned because the field was left blank
Currently how many days does it take to get EIN?
If the SS-4 is filed via fax, it takes about 3 to 5 business days for the IRS to assign the EIN.
@@JasonDKnott Alright thanks buddy. I really admire your content!
@@JasonDKnott My agent filed it 6 working days ago via fax but I haven't received it till now.
Hi Jason, here's a another quick one for you ;) A) If you add a member to an existing single member LLC with EIN on January 1st, do you still have to terminate the old EIN and request a new one since the entity is now a partnership, or since the entity is going to be a partnership for the entire tax year (so only one filling will be necessary), could one just continue with the same EIN number from the year before when it was taxed as a single member LLC?
B) If the entity does need a new EIN in this scenario, I assume question 11 "date Business started or acquired" is still when it was originally formed with the single member? I guess you'd add the old EIN for (18) also.
Thanks!
Hello,
Do I need to have 147 verification letter or is it enough to have only CP 575 G letter? I only have CP 575 G, am I good to go or should I apply for verification letter 147? Thanks
The CP575 notice is sufficient. The 147 letter is typically requested only if you lose the CP575 notice.
Hello thank you bro. If i get ein shoud i pay tax for my royality in amazon ??
Whether you are subject to taxes in the U.S. depends upon many variables. If you have U.S. source royalty income, then Amazon will withhold taxes at a 30% rate, or a reduced tax treaty rate if that applies.
HI If i buy a Automobile in USA ,I'm Canadian and want to title in S.D.USA. What do I write in for ein number. Thanks
You can apply for an EIN as a "sole proprietor" if you do not have a legal entity setup in the US or Canada.
Hi,it's good informative video...I have one question...while formation LLC for non USA resident we neither ask for passport in LLC form(f-205) and nor asked it for in EIN form(ss-4)...Is it correct if we put these both without passport no ?
If you are a non-resident of the U.S., you do not have to enter a tax ID number on the SS-4. If the responsible party is a U.S. person or has an ITIN, then you enter that number in field 7b
Waoh your video is amazing. Excuse I already registered the LLC but I add my wife as manager too. So LLC has 2 members (both same managers level) and no more members. In the section 9a you mentioned if LLC members is only 1 then put "(other FORM 5472", in my situation I should put partnership instead? And just that ?
If the LLC has two or more members, then it is classified as a partnership for federal tax purposes. Once it is a partnership, it must file Form 1065 each year, unless the LLC files an election to be treated as an S corporation or a C corporation.
Hello Jason! Please advise your contacts, cannot visit website since it not operating.
Hi Jason, I opened an LLC 2 years ago, but the company that "helped me" filled out the EIN application with my address in Mexico. Can I change my mailing address to the virtual address I have in vegas? Do I need to keep sections 5a and 5b with my Mexican address? Thanks so much.
Yes, you can file a Form 8822-B to change the registered address of the LLC.
Hello fiend, I jus registered and LLC and have a US address listed as a company address for notifications, In the LLC registration shows me with an address in the US however I live in Canada, I don't have ITIN nor ssn, should I apply by phone or mail under this conditions? Thanks for your help.
If it's a U.S. LLC you need to apply by mail or via fax. The phone application is available for non-U.S. companies only. So if you had a Canadian Inc and needed an EIN you could use the phone application procedures.
Thank you for your great videos, When it comes to a Multi-Member LLC what should we put instead of FORM 5472 - FOREIGN OWNED. US DRE?
Hi Jason. Thanks for the video. How do we get confirmation. Do we apply or they send us?
It depends upon how you submit the EIN application. The IRS always send you a confirmation via mail to the mailing address listed on the Form SS-4. If you applied via fax, they will also send a confirmation to the fax number listed on the SS-4.
Quick question, does it matter if the personal on line 7a & 7b doesn’t have anything to do with the business? Will that put the person at risk?
Hi Jason, I will legally migrate to USA in a few weeks, so should I wait and apply for the EIN after reaching to USA as a resident of USA or I can apply it right now as a foreign.
Thanks so much very informative video 👍🏻being Canadian company and having LLC in USA I think I can’t apply online or over the phone right ..because I called IRS and agent says you should send mail or fax documents .but that will take months for sure .so can I hire someone legal services to get ASAP if that posible what you advise
Thanks again for your Great video and help
Btw I just subscribed
The IRS is correct. If you have a US company with non-U.S. owners, you'll need to submit via fax or mail. The online phone application is available for non-U.S. entities only.
@@JasonDKnott Thanks for quick reply so is there way might hiring someone to get faster because if not will take months .what you advise please ?what if I say we r located in Canada only as main address not saying we have mailing address in Canada is that ok ? Thanks 🙏
Did you get your EIN Farooq and how much time did it take
If I don't have an LLC can I still apply for a ein
Yes, you can apply for an EIN if you are a sole proprietorship. Sole proprietorships are businesses that do not have a legal entity.
@@JasonDKnott I'm a non resident but have an ITIN would it still be the same process
what is articles of organization you are referring to ?
The articles is the document filed with the secretary of state to create the entity. For a corporate entity, this is generally the "Articles of Incorporation". For an LLC, it is labeled as "Articles of Organization" or the "Certificate of Formation"
@@JasonDKnott thanks sir
As a non USA , the mailing address is it going to
Be my home country address
Hi,
I would like to know can I sign it with SignTool app? If not, will IRS accept A4 page size, because I have that one in my country? What is the best way to do it, can you give me an advice?
Thank you.
The IRS generally likes to see an ink pen signatures on forms. If you place an electronic signature on the form, there is a chance the IRS could reject the filing for not having an original signature.
@@JasonDKnott Got it. Should a Date also be written with a pen?
I signed mine with an app. Got my ein in 60 days. Too long.
Hello sir I received my Ein number on 09-01-2022 and I was told that I will receive confirmation letter after 04 weeks , is it the fact or can we receive it at the earliest.thanx.
Yes, the IRS generally mails a CP575 confirmation notice within 4 to 6 weeks. If you need to get a faster confirmation letter, you can contact the IRS and ask for a Letter 147C which they can fax you.
Hi Jason, I registered the LLC in Delaware but I stay in Australia and run the business, should the principal business location be in Australia not in Delaware? I am a bit confused because some other RUclips videos suggest putting the company's location at LINE 6.
hi jason I got question I am from Turkey I Apply for LLC from Delaware and I got it now I am trying to get my EİN but I am trying to get my EİN through friend fax who lives. in US what I am planing to do is sent my SS4 form to him through email and my LLC certification and he is gonna fax it to IRS do I have to but his name as designee ? or can I do that without put his name as designee or am I allow to do so like sending my SS4 to someone in US and he is gonna fax it for me ?
I would not recommend using a different person to apply for an EIN. As a non-U.S. person, you can still apply for an EIN for your LLC, you just need to submit the SS-4 via fax or U.S. mail. The IRS expressly prohibits nominee EIN applications, meaning you are not allowed to another person's SSN or ITIN to apply for the EIN if they have no connection to the business entity.
Hi can I add an other manager in the third party line, other than my name, since l have a manager listed on the LLC? Thank you, and your video is very helpful
If the LLC operating agreement provides that the LLC shall be a manager-managed LLC, then the Manager of the LLC can apply as the responsible party. However, the IRS system will likely still show the Manager as a member of the LLC, which is not always the case.
@@JasonDKnott thank
@@JasonDKnott thank you
Are non-residents still able to get EIN via the phone call method? Is this still working? Please confirm if someone had any success and tips regarding the same.
Nonresidents can apply for an EIN over the phone if it is a entity formed outside of the U.S. For example, if you open a United Kingdom Ltd, you can apply for the EIN over the phone. If you open a U.S. entity with a nonresident owner, you must still submit a paper SS-4 or fax it to the IRS.
@@JasonDKnott Thanks so much for the feedback. Bothering you once again. Please answer.
1. Can I use my relative SSN (with their consent) to obtain EIN but he isn't part of the LLC (with some agreement with the SSN holder)?
There is an option (check attached screenshot) in which IRS allows an unauthorized third party (SSN/ITIN holder) can apply on behalf of the LLC where IRS will send EIN via mail to LLC physical address (not sure how long IRS will take).
image.png
2. Another option is that online sellers claiming they can arrange EIN in 1-2 business days. I suspect they will use their own/someone else SSN to obtain EIN via online EIN assistant. Is that legal?
Designated Third party will apply via SS-4 which is again a lengthy process.
My main question is that I need EIN on an urgent basis (within a week) and with legal options.
There are two options provided to users.
1- I'm one of the members, partners, or managing members of the LLC2.
2- I'm a third party applying for an EIN on the behalf of this LLC
My relative is NOT part of that LLC.
If I go with 2nd option, will IRS provide EIN instantly or they will mail it to the physical virtual address (LLC mailing address)?
Did you get your EIN Baig
@@pirzadaabdullahjan2729 Yes, got it by using relative SSN but now need to change EIN responsible party name (relative name on EIN) by sending IRS form 8822-B.
Can we get in touch please on whatsapp or fb please
Hello,
I filed my application the first time in oct 13th and after 2 months I recieved a fax from the IRS and they told me that I forgot to write something in line 7b. I left it blank while I was supposed to write foreign as you did here.
Dec 18th the same day I recieved a fax from the IRS I quickly fixed the mistake they mentioned and faxed it back with all the other documents they requested a couple hours later and now it's been more than 2 months and I still haven't recieved anything back from them, how much longer should I expect to wait?
Currently I am seeing EIN applications for nonresidents take about 80 days to process. If you resubmited the SS4 and the IRS reprocessed the application, there is a chance you could be waiting the additional 80 days.
@@JasonDKnott Noted. Thank you. So it should come exactly after 80 days, or is that like the average wait time?
Which all other doccuments they requested please tell me name, i wanna apply for the ein.
Thank you so much for the upload, I found your video after 3 months waiting for my EIN, with no result. Then I called in IRS from Australia, been told few things missing on the form, wasted such long time. I have to redo the form again today, one question, after this, do I need to lodge form 5472 or not, and to which department?
Glad it helped! If you formed an LLC in 2020, you need to file a Form 5472 by April 15th of this year. The IRS publishes instructions on their website about how to complete the Form 5472 and where to file the forms. They can be filed via fax or by mail.
@@JasonDKnott Thank you for your reply and explaination. I am in a group of Amazon seller, about 500pp, do you mind I advice my mentor to introduce your RUclips link to all the members? We had one before, but honestly, I felt yours is so much better. I followed the old link he provided, ended up with wasting 3 months for nothing!
Thank you again for the sharing!
Thank you for the kind remarks. Yes, happy to help wherever I can
@@ilisam Thank you. Happy to help. A U.S. LLC that is a foreign-owned disregarded entity must use a calendar year as its tax year. If you formed an LLC in 2021, the tax year-end will be December 31, 2021. The first Form 5472 will be due on or before April 15, 2022. So your first tax filing will be next year.
Thanks for this super helpful video. I am in Spain and just wondering about the Mailing Address section. Is it ok to put my home address where I am a rental tenant in Spain? What happens if I move at some point, is it easy to change the address with the IRS? And is it safe to put my home address in as the address on the form?
Yes, you can certainly use a Spain address for mailing purposes or the physical location of the business. If you move to a different address you can file a change of business address on Form 8822-B to update the IRS records.
@@JasonDKnott Thank you so much. In that case, if I use my Spain Mailing Address, but the LLC was formed in Wyoming, would the Principal Place Of Business be Spain... or Wyoming, USA?
@@oliviahamilton3764 it'd be wyoming
🔥🔥🔥🔥
Thanks!
Hi Jason, Can I apply for EIN online for a foreigner with foreign address as a third party designee? will i get the EIN online? or they will mail it to the foreign address? thanks.
Ask cyber credible he's helping people get their EIN easy
Hi friend, Thanks for your informative video, I have a non us resident or visa, I did apply for a Virtual address for making a process for LLC but I stuck in SSN code in the Notarization process. Can you please help with me should I first apply SS4 form for EIN, apply first for the LLC application? OR for Virtual address?
what the first step should I do for making LLC in the US?
Im looking forward to your informative response. Thanks
Hello Sajjad - you should always form the LLC first and receive confirmation from the state that the Articles of Organization was approved. Next, apply for a virtual mailing address or mail forwarding address, whichever you need. Then apply for the EIN using the SS-4.
Did you get your EIN Sajjad
After having an EIN , if i have no operation offive or employee in usa but just online business, is my business still taxable ! I heared it is a No ,
so how this works with the new released EIN ? I have
Is it that i get notified of being nin taxable or shall report yearly then ll result in no tax still or how does it word for non us aliens ? I hope u help with insights , Thank U
Having an EIN does not mean your business is necessarily subject to U.S. taxes. A foreign company is subject to taxes in the U.S. if it receives U.S. source FDAP income, or the foreign company is engaged in U.S. trade or business and earns U.S. source ECI from that trade or business.
@@JasonDKnott thank u very much for the insights
hey i just applied for my EIN online and received one but i dont know what should i do now?
How did you apply? Did you fax or email?
You use it open a bank account @haitham Harti
Once you have the EIN, your tax filings will depend upon the type of entity, ownership structure, and location of the business. We have a simple video which covers these issues:
ruclips.net/video/-Xbcllhgc4Y/видео.html
Are there still delays in getting the ein
There are still delays, but it is not as bad as during the COVID shutdowns. You should still expect to wait about two weeks to receive your EIN
Hi Jason,
For Example I have register C corporation in the US and I am the director and president of the US Corporation. I am transferring the funds from my Indian entity for 100% share of the US entity to the Indian entity. In this case can you suggest me what should I mention 6, 8A, 8B, 8C, 9A & 9B in form SS-4 and do I need to fill form 5472.
Please advise me as early as possible it will be a great help to me.
how to register us company as a foreigner
the U.S. has no restrictions on who can form a U.S. LLC or corporation. Once you pick a state to form the entity, visit the state website to file the articles of organization or incorporation
@@JasonDKnott is it neceessary to have registered agent of that state?
thank you very much for the informative video, I live in Iraq and not a US citizen I have a RUclips channel, Currently RUclips requested a TIN number and I don't have one, can I create an EIN number and use it? thank you in advance.
Yes, if you need a US TIN you can apply for one as a sole proprietor using Form SS-4.
@@JasonDKnott thank you very much,