How to Get an EIN as a Non US Resident: Step by Step Guide

If you run an online business, freelance for American clients, or plan to open a US bank account, you will probably need an Employer Identification Number. Many founders ask the same thing: can you get an EIN for non US residents, and how to get an EIN without SSN? Yes, you can. This guide explains how to apply for an EIN from outside the US, how to fill out IRS Form SS 4 for foreigners, and how to choose between a Delaware and a Wyoming LLC.

What Is an EIN and Why Do Foreigners Need One?

An EIN (Employer Identification Number) is a nine digit tax ID issued by the IRS. It works like a Social Security Number for a business. The IRS issues it for free, so avoid any website that charges you a fee for the number itself. Paying a service provider for help with the paperwork is a different matter.

Foreign founders usually need an EIN to:

1. Open a US business bank account
2. Set up a payment processor such as Stripe or PayPal for a US company
3. File required US tax forms for a US LLC
4. Hire contractors or employees in the US
5. Sell on marketplaces that ask for a US tax ID
6. Meet requirements for a US LLC for non residents

Do You Need an SSN or ITIN to Get an EIN?

No. This is the most common point of confusion when people search for how to get an EIN without SSN. The IRS online application generally requires the responsible party to have an SSN, ITIN or existing EIN, so foreign applicants without one cannot use the online form. Instead, you apply by phone, fax or mail using Form SS 4. On the line that asks for the SSN, ITIN or EIN of the responsible party, foreign applicants without one typically write “Foreign” or “N/A.” Please double check the current Form SS 4 instructions on IRS.gov for the exact wording.

Before You Apply: Form a US Company First

An EIN for foreign LLC owners is tied to a legal entity, so you typically form the company first. Most non US founders choose a single member LLC because it is simple and flexible. Once your state approves the LLC, you will have your formation documents (such as the Articles of Organization) and the exact legal name you must use on the EIN application.

Delaware vs Wyoming LLC: Which Is Better for Non US Residents?

Both states are popular for a US LLC for non residents. Here is a general comparison. Fees change, so confirm current amounts with each state.

Delaware LLC

• Well known legal system and strong business law reputation
• Often preferred by startups planning to raise investor funding
• I believe the annual tax for an LLC is about 300 dollars, due around June 1. Please verify this
• Usually higher yearly costs than Wyoming

Wyoming LLC

• Generally lower annual costs. I believe the annual report minimum is about 60 dollars, but verify this
• Strong privacy reputation and a simple process
• A good fit for freelancers, ecommerce sellers and small online businesses

A simple rule of thumb: if you are bootstrapping an online business or consultancy, Wyoming is often cheaper. If you expect to pursue venture capital, Delaware is often the safer choice. Neither state removes your tax obligations in your home country, so speak with a tax professional.

How to Get an EIN as a Non US Resident: Step by Step

Step 1: Form your LLC or entity.

Register with your chosen state, using a registered agent with a US address.

Step 2: Download IRS Form SS 4

Get the latest version and instructions from IRS.gov. Using an outdated form can cause rejection.

Step 3: Fill out IRS Form SS 4 for foreigners. Key fields to complete carefully:

• Line 1: the exact legal name of the LLC
• Line 4a and 4b: mailing address, which can be your registered agent or your foreign address
• Line 7a: the name of the responsible party, usually the owner
• Line 7b: write “Foreign” or “N/A” if you have no SSN or ITIN
• Line 8a to 8c: indicate it is an LLC and the number of members
• Line 9a: choose the entity type, such as disregarded entity or partnership
• Line 10: the reason for applying, such as started a new business
• Line 16: the type of business activity

The name and details must match your formation documents exactly. Mismatches are a leading cause of delays.

Step 4: Choose how to apply from outside the US

You have three main options:

Option A, by phone. The IRS has an international phone line for foreign applicants. I believe the number is 267 941 1099 and it operates during Eastern time business hours, but please confirm on IRS.gov before calling. A representative asks questions from the form and can often assign the EIN during the call. This is often the fastest route.

Option B, by fax. Fax your completed Form SS 4 to the IRS number listed in the form instructions. The IRS typically sends back the EIN within several business days. Confirm the current fax number and timing in the official instructions.

Option C, by mail. Mail the form to the IRS address listed in the instructions. This is usually the slowest method and can take several weeks.

Step 5: Consider a third party designee

On Form SS 4, you can authorize a designee, such as a CPA or a formation service, to receive the EIN on your behalf. This is a practical option if you struggle to reach the IRS from your time zone.

Step 6: Save your EIN confirmation letter

The IRS issues a confirmation notice (often CP 575). Store it safely. Banks and payment platforms often ask for it.

Tax Filing Requirements After You Get Your EIN

Getting an EIN is only the first step. A foreign owned single member LLC is generally treated as a disregarded entity, and the IRS commonly requires such companies to file Form 5472 with a pro forma Form 1120 each year, even if the company has little or no income. The penalty for missing this has been reported as 25,000 dollars per form, so please verify the current amount and deadline. Depending on your income type and country, you may also deal with forms like W 8BEN or W 8BEN E. A US tax professional who works with non residents can tell you exactly which forms apply to you.

You should also check whether any federal beneficial ownership reporting rules currently apply to your company. These rules have changed recently and may have changed again since my knowledge was last updated, so check FinCEN’s website.

Common Mistakes When Applying for an EIN From Outside the US

1. Using the online application and getting blocked by the SSN field
2. Entering a business name that does not match the state records
3. Applying before the LLC is officially approved
4. Using an outdated Form SS 4
5. Forgetting annual filings after receiving the EIN
6. Paying a third party for the EIN number itself when the IRS issues it free

How Long Does It Take?

Phone applications can sometimes be completed in one call. Fax usually takes a few business days, and mail can take several weeks. These timelines are approximate, so verify current processing times with the IRS.

Final Thoughts

Getting an EIN for non US residents is very doable once you know the process. Form your LLC, complete IRS Form SS 4 carefully, apply by phone, fax or mail, and keep up with your annual filings. Choose Delaware if you want investor friendly structure, or Wyoming if low cost matters most. When in doubt, a CPA experienced with foreign owned LLCs can save you from expensive penalties.

Frequently Asked Questions

1. Can a non US resident get an EIN without an SSN?
Yes. Foreign applicants without an SSN or ITIN can apply for an EIN by phone, fax or mail using Form SS 4 and entering “Foreign” or “N/A” in the SSN field.

2. How much does it cost to get an EIN as a foreigner?
The IRS issues EINs for free. Any fee you pay is for a third party service, such as a formation company, not for the number itself.

3. How long does it take to get an EIN from outside the US?
Phone applications can be the fastest, sometimes the same day. Fax typically takes several business days, and mail may take weeks. Verify current timelines with the IRS.

4. Do I need a US address to apply for an EIN?
You can usually use your foreign address as the mailing address on Form SS 4, although your LLC will need a registered agent address in its state of formation. Confirm details in the IRS instructions.

5. Is Delaware or Wyoming better for a non US LLC owner?
It depends on your goals. Wyoming is often chosen for lower annual costs and simplicity. Delaware is often chosen by founders planning to raise investment. Compare current state fees and consult a tax advisor.