Annual requirements for non-resident LLC owners: federal filings, state reports, registered agents, records, and the formation choices behind them.
EIN vs. ITIN: Which Tax ID Do You Need?
An EIN identifies a business or other entity for tax administration; an ITIN identifies an individual who has a federal tax purpose and cannot obtain an SSN. They are not interchangeable. Owning a US LLC does not automatically require an ITIN, and an EIN does not replace the owner's personal tax identification.
Use the table to choose the question to resolve before applying. It separates the identifier from the application route: an applicant may need an EIN without qualifying for the online application. Sources reviewed September 17, 2026.
On small screens, scroll the table sideways to see every column.
| Your question | Identifier and eligibility | Next step |
|---|---|---|
| Does the entity need a tax number? | Check the entity, employees, tax filings and other requirements; the business identifier is an EIN. | Read the SS-4 instructions and choose an eligible online, fax, mail or international telephone route. |
| Does the owner need a personal US tax number? | An ITIN requires a federal tax purpose and no eligibility for an SSN. It is assigned to the person, not the LLC. | Use Form W-7 with the required return or documented exception and identity/foreign-status evidence. |
| The responsible party has no SSN or ITIN | SS-4 line 7b has an exception when the person has neither number and is ineligible to obtain one. | Check that exception and the permitted non-online route; do not insert a borrowed number. |
| A bank or customer requests a number | Identify whose name and tax status the form concerns. An account request does not itself establish ITIN eligibility. | Clarify the request and the governing form; do not substitute the LLC EIN for an individual number. |
Primary references: Form SS-4 instructions, Form W-7 instructions and the IRS EIN application page. For setup use the non-resident LLC guide; for where to form, the state-choice guide. For later returns, use the foreign-owner filing guide. An unresolved entity choice belongs in the business-structure comparison; the LLC formation service and available services describe implementation support.
Table of Contents
- Introduction to EINs and ITINs
- Choose the Application Route Before Preparing Documents
- Who Needs an EIN?
- Submit the EIN Through the Eligible Route
- Prevent EIN Errors Before Submission
- Who Needs an ITIN?
- How to Apply for an ITIN: Step-by-Step
- Keep Records Accurate and Use Identifiers Safely
- Coordinate the Identifier With the Next Business Task
- Six FAQs and Your Next Steps
1. Introduction to EINs and ITINs
An EIN identifies an entity for federal tax administration; an ITIN identifies an individual who needs a federal tax number and cannot obtain an SSN. Neither number establishes state registration, licensing, immigration permission, or proof that taxes are paid. Share identifiers only where needed for a legitimate filing or financial process. The SS-4 and W-7 instructions define their different purposes.
- EIN: Primarily used by businesses in the U.S. to handle taxes, open bank accounts, and more.
- ITIN: For individuals not eligible for an SSN but who still need to fulfill U.S. tax obligations.
Identifiers should not be displayed as public proof of trustworthiness. Keep state-registration evidence, licenses, tax filings, and tax IDs separate, and provide only the document relevant to a verified request.
2. Choose the Application Route Before Preparing Documents
For an ordinary nongovernment applicant, the current IRS online tool requires all four conditions: an organization formed in the US or its territories, a principal place of business there, an application by the responsible party or authorized representative, and the responsible party's SSN or ITIN. A government-entity exception applies to use of an EIN. A US mailing address alone does not establish these conditions.
The SS-4 instructions allow “foreign” or N/A on line 7b when the responsible party has no SSN or ITIN and is ineligible to obtain one. That exception does not unlock the online form. Review fax or mail procedures and use the international telephone route only when its separate no-US-residence/principal-place-of-business/office-or-agency condition is satisfied.
Hypothetical founder's path: one foreign individual owns a newly formed US LLC with default disregarded treatment and no existing EIN. Assume its need for an EIN to file Form 5472 has been established. The owner has no SSN or ITIN. The useful handoff is:
- Verify the inputs: collect the accepted formation record, legal name, ownership and actual addresses. Identify the controlling responsible party; confirm whether the line 7b exception above applies.
- Select the permitted route: test online eligibility first, then the applicable SS-4 fax/mail route. International telephone eligibility is a separate check, not a consequence of foreign citizenship.
- Check the key fields: lines 7a–7b concern the responsible party; lines 8a–8c concern LLC status, member count and US organization. For this established Form 5472 purpose, follow the special line 9a disregarded-entity instructions and line 10 application reason. Do not choose ordinary corporate taxation merely because a pro forma 1120 is involved.
- Close the task with evidence: retain the signed application, any valid designee authorization and delivery record. Check the legal name and EIN on the IRS assignment notice; a provider receipt is not that notice.
This is a decision path, not a completed SS-4 to copy. Different classification, ownership or application purpose can change the entries. The owner's separate ITIN question remains unresolved until its own federal tax purpose is identified.
Choose one route for the entity and keep a copy of the application and submission date. If a request is already pending, check its status before sending another application. Multiple submissions can create records that are harder to reconcile; a provider's delivery estimate is not an IRS guarantee.
3. Who Needs an EIN?
Keep the responsible party separate from an authorized third-party designee. The responsible party is identified by the IRS control rules; the designee can be authorized to answer application questions and receive the newly assigned EIN. Under the SS-4 instructions, that limited authority ends when the EIN is assigned and released. It does not make the preparer an owner or provide continuing authority over the company's tax affairs.
Mandatory Requirements
You must obtain an EIN if:
- You form a corporation (C-corp or S-corp) or a partnership.
- You operate an LLC taxed as a partnership or corporation; partnership classification can be the default rather than an election.
- You hire employees (including household employees in certain contexts).
- You create a non-profit organization.
- A foreign-owned US disregarded entity needs its own EIN when required to file Form 5472, as specified in the SS-4 instructions. No employees or customer revenue does not settle that reporting question.
Reasons to Get an EIN Even If Not Required
First check every mandatory reason, including employment, excise and applicable information-return duties. If no such requirement applies, a bank or state process may still request an EIN. The IRS single-member LLC guidance distinguishes those cases from federal income-tax identification.
Use a number only where the relevant form permits it. For a disregarded LLC's Form W-9, the IRS guidance calls for the owner's name and SSN or EIN, not the LLC's EIN. Foreign-owner documentation needs its own analysis; an EIN does not establish US-person status. It also does not create a credit history or prove creditworthiness. Ask a lender or bank which identifier and supporting documents it actually needs.
Understanding IRS Eligibility
- The organization was formed or created in the United States or its territories.
- Its principal place of business is in the United States or its territories.
- The applicant is the responsible party or an authorized representative; a third-party designee needs signed authorization.
- The responsible party has the required SSN or ITIN; the tool does not accept an EIN in its place except for government entities.
Gathering Documentation
Make sure you have:
- The legal name of the business and any DBA (doing business as) names.
- The physical and mailing address of your business.
- Except for government entities, the responsible party generally must be an individual who ultimately owns or controls the entity and its assets. The application generally uses that person’s SSN or ITIN, not another business’s EIN. Under SS-4 line 7b, enter “foreign” or N/A if the person has no SSN or ITIN and is ineligible to obtain one. That exception does not make the online application available; use the eligible application method.
- Information about the business structure and nature of business activities.
- The reason you’re applying (e.g., “Started a new business,” “Banking requirement,” etc.).
Identifying the Responsible Party
Use the actual controlling individual described in SS-4, subject to its government-entity exception. Record why that person fits the role and verify the line 7b entry before submission. Naming a paid preparer does not replace this analysis.
4. Submit the EIN Through the Eligible Route
Visiting the Official IRS Website
Head to the IRS website and look for the EIN application portal. You’ll see a prominent button that says “Apply online now.”
Selecting Your Business Entity
Choose the entity type that best describes your business:
- Sole Proprietorship
- Partnership
- LLC
- Corporation
- Non-profit
- Etc.
Entering Business Details
Provide your business’s:
- Legal and trade name(s).
- Physical location and mailing-address roles, if the addresses differ.
- County, state, and ZIP code where it operates.
Stating Why You’re Applying
Specify the reason you need an EIN:
- “Launched a new business”
- “Hiring employees”
- “Banking requirement”
- “Changed the structure of an existing business”
Reviewing and Submitting
Review the legal name, addresses, responsible party, and application entries before submitting. An eligible online application that the IRS successfully processes can receive its EIN immediately. If the application is rejected or needs another route, follow the IRS instructions rather than assuming that clicking Submit completed the assignment. Save the actual confirmation.
Applying for an EIN by Fax or Mail
Completing Form SS-4
If the online option isn’t suitable:
- Download Form SS-4 from the IRS website.
- Fill it out with the same details you’d provide online.
- Ensure every field is correct to avoid delays.
Fax Submissions
Use the fax destination in the current SS-4 instructions, which distinguishes domestic and international circumstances rather than assigning a separate number to each state. Include a return fax number. IRS guidance generally estimates four business days for fax issuance, but that is not a guaranteed processing deadline.
Postal Submissions
Use the domestic or international EIN Operations mailing address specified in the SS-4 instructions for the applicant’s circumstances. The routing is not simply state-specific. Allow at least the planning time stated by the IRS and account for mailing or processing delays; retain a copy of the signed application.
For International Entrepreneurs
The international telephone route is available only if the applicant has no legal residence, principal place of business, or principal office or agency in the United States or its territories. The caller’s foreign citizenship or temporary location abroad is not enough. An eligible authorized caller may:
- Call the IRS at +1 (267) 941-1099 (not a toll-free number).
- Provide your information verbally.
- Receive your EIN once your details are verified.
5. Prevent EIN Errors Before Submission
Review the completed application against the formation record and current SS-4 instructions. The person submitting should be able to explain each answer, even if software or a service prepared the form.
- Legal name: match the actual entity document; keep a trade name separate.
- Responsible party: identify the person who ultimately controls the entity under the IRS definition. An intermediary is not automatically that person.
- Classification: distinguish LLC legal form, member count and tax election; check the special instructions for a foreign-owned disregarded entity requesting an EIN for Form 5472.
- Address: use the appropriate mailing and physical-location fields; confirm who can receive the IRS notice.
- Reason: state the real application purpose, not whichever option seems fastest.
- Authority: complete required signatures and any valid third-party authorization.
- Existing application: reconcile an earlier EIN or pending request before applying again.
- Confirmation: retain the actual IRS assignment, not only an order receipt from a provider.
Prepare a correction list if documents disagree. Do not alter the company name, ownership history or address merely to make a tax application look consistent. Resolve the source record first and keep evidence of any valid correction.
6. Who Needs an ITIN?
Foreign Investors and Business Owners
An ITIN is for an individual with a federal tax purpose who is not eligible for an SSN. Forming a U.S. company, owning an investment, or being an EIN responsible party does not by itself require or qualify someone for an ITIN. First establish the actual return, reporting, or permitted exception under the W-7 instructions. Foreign entities do not receive ITINs.
Spouses and Dependents of U.S. Citizens
A spouse or dependent who is ineligible for an SSN needs a permitted federal tax purpose for an ITIN; merely appearing on a family record is insufficient. Check the applicable tax benefit, filing status, documentation, and residency requirements in the W-7 instructions. An ITIN does not create eligibility for benefits that require an SSN.
Non-Residents with U.S. Tax Obligations
Identify the actual personal filing or reporting purpose before preparing W-7. Customer location or LLC ownership alone does not determine that purpose. If a return or a treaty-related exception applies, keep the supporting facts with the application and use the relevant W-7 category.
Conditional passive-income example: a nonresident alien has no US trade or business and receives only US-source passive income whose tax is fully satisfied by withholding. A personal income-tax return may not be required solely for that income; a refund claim, deductions, other income or changed facts can alter the answer. Check the IRS nonresident filing rules. This does not establish that no TIN or information-reporting requirement exists. Separately review treaty documentation and the W-7 exceptions, which can permit a qualifying ITIN application without an attached return.
Preparing to File for an ITIN
Required Documents
To apply, you must complete Form W-7 and provide:
- Use original identification documents or copies certified by the issuing agency, subject to the W-7 exceptions. A passport can usually establish identity and foreign status, but certain dependents need additional U.S.-residency evidence. Otherwise provide the required combination of accepted documents, not any two arbitrary IDs.
Filling Out Form W-7
On the form, you’ll:
- Provide your legal name, foreign address, and any U.S. address.
- Indicate the reason you need an ITIN.
- Attach the required federal tax return unless a specific W-7 exception applies, and then provide the evidence required for that exception. A general statement that you want an ITIN is not a substitute.
Double-Checking Identity Proof
Make sure your documents are current and unexpired. If they’re mere photocopies or appear tampered with, expect delays or a rejection notice.
7. How to Apply for an ITIN: Step-by-Step
Unlike the EIN, you cannot apply online directly through the IRS for an ITIN. Here are your options:
Mailing Your Application
W-7 preflight: use the current instructions to check the complete package, not only the identification document.
- Match the selected reason to the applicant's facts; attach the correct tax-year return or identify the exact permitted exception and its evidence.
- Check names, dates and accepted identity/foreign-status documents against the form; ordinary photocopies are not issuing-agency-certified copies.
- Check the required original signature and signing authority. A preparer, spouse or agent cannot sign merely because they helped complete the application.
- Verify the mailing address for IRS notices and returned originals; follow W-7's address-change instructions when applicable.
- Use W-7's destination for the chosen mail or private-delivery method, not the ordinary tax-return address.
- Keep a copy and document inventory, dispatch date and delivery evidence. Track the IRS decision separately from package delivery.
- Complete Form W-7 in full.
- Assemble the required return or documented exception and the accepted supporting documents described in section 6 before mailing the application.
- Mail everything to the IRS ITIN Operations address specified in the instructions.
The current W-7 instructions say to allow seven weeks, or nine to eleven weeks during January 15–April 30 or when filing from overseas. These are processing estimates, not a guaranteed approval date. Check current IRS guidance before planning travel or a deadline around them. Form W-7.
Using a Taxpayer Assistance Center (TAC)
If you’re in the U.S., certain IRS Taxpayer Assistance Centers offer in-person document verification, so you won’t have to mail your original documents.
Working with an Authorized Acceptance Agent
Distinguish an Acceptance Agent (AA) from a Certifying Acceptance Agent (CAA). An AA can help prepare and submit the application but generally must send the original or issuing-agency-certified documents to the IRS. A CAA may authenticate permitted documents within the IRS limits; for dependents, CAA verification is limited to passports and birth certificates. Neither appointment alone replaces the required applicant signature or authorized-representative rules.
8. Keep Records Accurate and Use Identifiers Safely
An identifier is not a certificate that all taxes, licences or state filings are complete. Keep EIN and ITIN notices in a restricted records folder and share a number only for a verified business or tax purpose. Do not publish an ITIN, identity document or full tax application on the website as a credibility badge.
Changes to an EIN record
An EIN does not require annual renewal. Use Form 8822-B as directed by the SS-4 instructions for address, location or responsible-party changes; responsible-party changes must be reported within 60 days. A business-name change follows the separate IRS name-change procedure. An ownership or legal-structure change may require further analysis before deciding whether an existing EIN remains appropriate.
ITIN renewal is a different question
Under the W-7 instructions, an ITIN expires after three consecutive tax years without use on a federal tax return. Renew an expired number when it is needed on a federal income-tax return, with the required return or documented exception. Information-return-only use has different renewal treatment; do not create an annual renewal task for every ITIN.
Keep the notice, submitted form, supporting-document inventory, correspondence and correction history together. Distinguish the application's tracking status from the final assigned number, and keep the owner able to access records if a service relationship ends.
9. Coordinate the Identifier With the Next Business Task
Once the identifier is issued, check the name and number before providing them to a bank, payroll provider or return preparer. Each recipient may request different evidence. Ask what is required and send it through an appropriate secure channel instead of forwarding the entire application file by default.
For banking, an EIN is one possible onboarding input, not account approval. The institution still checks the business, owners, addresses and activity. The registered-agent and address guide explains why one purchased address should not automatically be copied into every field. For tax reporting, identify whether a form concerns the LLC or its owner before selecting an identifier.
Hypothetical handoff: a founder receives the EIN notice and sends the accountant the legal name, classification, ownership facts and notice. The accountant identifies relevant returns; the bank separately reviews its onboarding evidence. Neither task is marked complete simply because the EIN arrived. If Form W-7 is also required for the individual, keep its tax purpose and supporting documentation separate.
Use the post-formation checklist to assign the next tasks. Record the responsible person and expected confirmation for each one. Receiving a tax number should advance the work, not replace an assessment of filing duties.
10. Six FAQs and Your Next Steps
Does every foreign LLC owner need an ITIN?
No. First establish the individual's federal tax purpose and lack of SSN eligibility. LLC ownership alone is insufficient; the W-7 application needs the applicable return or evidence for a permitted exception.
Can I apply for an EIN without an SSN or ITIN?
The SS-4 instructions provide a line 7b exception for a responsible party with neither number who is ineligible to obtain one. Follow the permitted route and actual applicant facts. That exception is not permission to use the online service or another person’s number.
Can I use an EIN instead of my personal tax number?
No. EIN and personal identifiers serve different roles. Determine whose income, identity or tax status the form reports. An LLC’s EIN does not automatically replace its owner’s SSN or ITIN.
How long should I allow for an ITIN?
The current W-7 instructions say to allow seven weeks, or nine to eleven weeks during January 15–April 30 or when filing from overseas. These are processing estimates, not a guaranteed approval date. Check current IRS guidance before planning travel or a deadline around them.
Must I mail my original passport?
Not always. W-7 permits issuing-agency-certified copies and specified document-verification options through designated IRS centres or qualified agents. An ordinary photocopy is not equivalent. Verify the applicable applicant and dependent rules before choosing a route.
Does the IRS charge for the identifier?
The IRS provides EIN and ITIN application processes without a government application fee. A third party may charge for preparation or assistance. Confirm the service scope, authorization and delivery of records; payment to a provider does not establish eligibility or approval.
Choose the correct identifier, establish eligibility, prepare one complete application and keep the resulting records. Revisit the process when the actual facts change, not because a generic checklist says every founder needs every number.
Scope: general education, not individualized tax, legal or immigration advice. Follow current IRS instructions for the actual applicant. An EIN or ITIN does not grant a licence, immigration permission, bank approval or confirmation that all returns are complete.
