Fact Checked by Editorial Staff
To obtain EIN for Alabama foreign LLC one has to follow a few steps. Limited Liability Companies are easier to form than other structures of business. However, it is a bit tricky for the LLCs to form a foreign LLC in any of the states. There can be some restrictions for the Foreign LLCs to form an LLC in Alabama. Take a look at this article to know about how to obtain EIN for your foreign LLC. It will answer all your questions related to EIN, including the procedure for a foreign entity to obtain EIN, the filing cost, etc.
What is a Foreign Limited Liability Company?
An LLC is always formed in accordance with the state rules. The state where the LLC is formed is often referred to as the main state for the LLC. It is where the LLC has its main operational center. When the LLC business members are trying to expand the LLC & wish to form it in some other states as well, the LLC is a foreign entity in the new state. The LLC is formed in the new state will be referred to as “Foreign Entity” or “Foreign Corporation” or “Foreign LLC.” Forming the Alabama Foreign LLC is easier & involves obtaining an EIN.
What is an EIN (Employer Identification Number)?
An EIN or Employer Identification Number works as a Social Security Number for your business. An EIN is a unique 9 digit identification code issued to businesses, by the Internal Revenue Service (IRS) of the U.S.S., for tax filing & reporting purposes.
Are EIN, FTIN & FEIN the Same?
An Employer Identification Number (EIN) is also called a Federal Employer Identification Number (FEIN) or a Federal Tax Identification Number (FTIN). So, there is no difference between these three.
Why Does a Business Need EIN?
An LLC will require EIN for the following reasons:
- To file Tax returns – EIN makes it easy to file the tax returns with the IRS. The IRS uses EIN to supervise all the business finances of the LLC.
- To Hire Employees – To hire employees in the LLC, an Employer will need the EIN. EIN lets the employers set the payrolls of the employee fo every month. IRS tracks the employee’s payroll taxes with the help of the EIN.
- To maintain the corporate veil – In an event where someone has sued the LLC or has filed a lawsuit against it, the EIN protects members’ assets. EIN is an essential part of the company’s corporate veil, which differentiates the business entity from its members.
- To protect the individual Identity of the member – The Limited Liability Company uses EON for all its taxation & finances. Nowhere in the financial process does an LLC use an individual’s Social Security Number; hence the Identity of individual members is kept safe.
- To open a business bank account – Without the EIN, an LLC can’t open a business account. It is essential to get an EIN even for the business credits & business licenses.
When Does IRS Ask for EIN (Employer Identification Number)?
The taxation documents & reports are filed with the IRS, which requires an LLC about its EIN in the following circumstances.
- An EIN is mandatory for an LLC with employees for tax filing & tax returns.
- If the LLC is a multi-member business entity, EIN is required for drawing the partnership return files.
- An EIN is also asked for excise tax filing.
EIN for a Foreign Entity or Foreign LLC
If someone is a foreign person or if the LLC is a foreign LLC, EIN allows them to start the LLC even without the Social Security Number. EIN allows the member of the foreign LLC to collect a payment, distribute the cash in the company & out of the company, hire employees & report or file taxes.
How to Obtain EIN for a Foreign LLC or a Foreign-Owned Corporation?
Following is a step-by-step guide for obtaining an EIN for a Foreign LLC:
- Eligibility – Any person applying for the EIN must have a valid Taxpayer Identification Number, e.g., SSN or ITIN; only then can he apply for EIN.
- FORM SS-4 – If a foreign entity does not have a Tax Identification Number, it will have to fill-up the Form SS-4, an EIN application. This form is for foreign applicants who do not have a social security number or a physical address
- Filing the form with the required information – To be able to apply for the EIN, the following information has to be filled out correctly in the application form:
– Legal Name & Address of the Business
– The type of Business Entity
– Reason for the application for an EIN- The name of the country where the business is incorporated
– Number of employees
– The industry in which the LLC does its business
– Accounting Information - Ways to apply for EIN Alabama–
- Online – An EIN can be obtained by applying online on the IRS website.
- By phone – A foreign entity or LLC can apply for EIN by calling on 267-941-1099, which is NOT a toll-free number.
- By Fax – An EIN can also be obtained by fax. The LLC willing to obtain the EIN can fax Form SS-4 to 304-707-9471
- By Mail – A completed form can be mailed to the Internal Revenue Service (IRS), Attn: EIN Operation, Cincinnati, OH 45999.
Restriction in Business For Foreign Entities in Alabama
A foreign entity or a foreign investment company in Alabama may not face any restrictions while doing business in Alabama. Alabama State has not laid down any prohibitions pertaining to a specific country or state doing business in Alabama.
Transacting Business In Alabama
Although the State of Alabama does not define the term “Transacting Business,” it does talk about foreign LLC having a physical presence in – or a nexus with- the state. For it to collect state sales tax on all of its sales.
In a Nutshell, a foreign LLC is transacting Business in Alabama if it has:
- a warehouse in Alabama
- a store in Alabama
- an office in Alabama or
- a sales representative in Alabama
Registering the Business
A foreign LLC has to register its business in Alabama via an application for registration for the Foreign Limited Liability Company with the Alabama Secretary of State. A foreign entity has to register in Alabama If the Entity is either:
- A foreign entity that requires Filing of certification of formation if formed in Alabama. Or
- An entity that offers limited liability to any member or owner under the law of formation within its original state’s jurisdiction
Effect of Non-registration
If a foreign LLC is not registered under Alabama Law:
- It can not file a lawsuit in any of the courts in Alabama
- It may be subjected to late filing fees & an order of restraint can be passed by the state, which will stop the foreign LLC from doing any business in the state of Alabama.
- It doesn’t invalidate the LLC’s contracts or restrict an LLC from defending a lawsuit in Alabama.
- It can not waive off the Limited Liability of the members of an LLC.
FAQ
To obtain EIN for your foreign LLC, you have to apply for it from IRS. Fill up the Form-SS4 and send it via phone, fax mail or submit it online.
If you’re a self-employed individual then you do not have to obtain EIN, you can use your social security number to form an LLC.
EIN and TIN (Tax Identification Number) are the same things. IRS issues both the identification numbers to the businesses. It is an eight-digit identification number issued by the IRS.
It is not mandatory to appoint a third-party designee to obtain EIN. A third-party designee is an individual appointed by the LLC. That person will be responsible for filling up the form SS-4 by answering all the questions and also can receive the issued EIN if applied by phone.
How Fast Can You Obtain Ein for Foreign LLC in Alabama
An EIN is a unique nine-digit number that the Internal Revenue Service (IRS) assigns to businesses for tax filing and reporting purposes. It is essentially the Social Security number for a business entity. Without an EIN, a business cannot hire employees, open a business bank account, or apply for business licenses and permits. Therefore, getting an EIN is an essential step in the process of setting up a business in Alabama.
Luckily, obtaining an EIN for a foreign LLC in Alabama is a relatively straightforward process. The quickest way to get an EIN is to apply online through the IRS website. The online application is available 24/7, and you can receive your EIN immediately after completing the form. This is by far the fastest and most convenient method for obtaining an EIN for your foreign LLC.
Alternatively, you can also apply for an EIN by fax or mail, although these methods can take longer to process. If you choose to apply by fax, you can expect to receive your EIN within four business days. If you opt for the mail-in application, it may take up to four weeks to receive your EIN. Therefore, if you want to get your business up and running as quickly as possible, it is highly recommended to apply for an EIN online.
In addition to the speed of obtaining an EIN, foreign entrepreneurs should also be aware of the documentation required to apply for an EIN for their foreign LLC in Alabama. When filling out the online application form, you will need to provide information about your business, such as the name of the LLC, the names and addresses of the LLC members, and the business address in Alabama. You may also be asked to provide documentation to verify the existence of your foreign LLC, such as articles of organization or a certificate of good standing from the jurisdiction where your LLC was formed.
Overall, the process of obtaining an EIN for a foreign LLC in Alabama is relatively quick and straightforward. By applying online through the IRS website, you can receive your EIN immediately and start operating your business in Alabama without any unnecessary delays. With the right documentation and a little bit of time and effort, you can get your EIN and begin reaping the benefits of doing business in the Heart of Dixie.
In Conclusion
Obtaining EIN for any Alabama foreign LLC is a must. This number is required to conduct business, open up a business bank account, report the Taxes to IRS, and so on. EIN is any business entity’s Social Security Number that is mandatory to transact business.