Fact Checked by Editorial Staff
To obtain EIN for Delaware 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 a Delaware LLC. 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 Delaware 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 Delaware–
- 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 Delaware
To start a foreign LLC in Delaware one has to follow some guidelines. There can be some restrictions or rules for the foreign LLCs to form a business in the state of Delaware. Here are some points to note before you start your foreign LLC in Delaware,
Transacting Business in The State of Delaware
State regulations determining when foreign enterprises are required to collect state sales tax in their state also assist in defining what it means to do business. To become eligible to collect state sales tax on sales to residents of that state, the business must have a physical presence in or nexus with the state. For instance, the Delaware Foreign Business LLC must own a warehouse, a store, or an office in the State or employ a sales representative in the State.
Registering The Business In Delaware
By filing for a certificate of incorporation with the Secretary of State of Delaware, any non-US company can become a Delaware corporation or LLC. The Delaware Division of Revenue will also require the business LLC to get a State of Delaware Business License.
Effect Of Non-Registration
If a foreign LLC is not registered under Delaware Law, then the following consequences may arise:
- It shall lose its right to legal representation in the Court of Law in the State.
- Such a business LLC will be entitled to file a lawsuit only after it has settled all the pending fees and penalties due for all years and portions of years during which it was required to register.
- An LLC doing business in Delaware will also be fined $200 for each year or part of a year that it fails to register.
- Furthermore, a member of an LLC is not accountable for the obligations of the LLC just because the corporation did business in Delaware without being registered.
The fact that the business LLC is not registered does not invalidate its contracts or preclude it from defending a lawsuit in Delaware, in case a dispute arises from such contracts.
Deceptive Trade Practices
Delaware’s deceptive trade practices laws are governed by the Uniform Deceptive Trade Practices Act. The UDTPA prohibits any individual or corporation from engaging in any deceptive trade practices or activity with the intent of misleading or luring the public into acquiring a product or service. A person found to be engaging in illegal commercial activities can be prosecuted by the Attorney General.
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 have a third-party designee obtain EIN. A third-party designee is an individual appointed by the LLC. That person will be responsible for fill-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 Delaware
One of the main questions that foreign investors often have is how fast they can obtain an EIN for their Delaware LLC. The good news is that the process of getting an EIN is relatively straightforward and can typically be done quickly and easily, especially for foreign LLCs.
To start the process of obtaining an EIN, foreign investors will need to apply online through the IRS website by completing Form SS-4. This form will require information such as the legal name of the LLC, the address of its principal place of business, and the name and Social Security Number (or Individual Taxpayer Identification Number) of the responsible party. The responsible party is typically an individual who is authorized to act on behalf of the LLC and who has a connection to the U.S. such as a U.S. citizen or a resident alien.
Once the online application is submitted, the IRS will generally issue an EIN immediately upon successful completion of the form. This means that foreign investors can often obtain an EIN for their Delaware LLC in a matter of minutes. However, in some cases, the IRS may require additional information or documentation before issuing the EIN, which could result in a longer processing time.
In addition to the online application, foreign investors also have the option of applying for an EIN by mail or fax. While this method may take longer than applying online, it is still a relatively efficient process that can typically be completed within a few days to a couple of weeks.
Overall, the speed at which foreign investors can obtain an EIN for their Delaware LLC largely depends on how quickly they can gather and submit the necessary information and documentation to the IRS. By being prepared and organized, investors can expedite the process and ensure that their LLC is up and running as quickly as possible.
In conclusion, obtaining an EIN for a foreign LLC in Delaware is a key step in the business formation process, but it is a step that can generally be completed quickly and efficiently. By following the proper procedures and submitting the necessary information, foreign investors can obtain an EIN for their Delaware LLC in a timely manner, allowing them to focus on building and growing their business in the U.S.
In Conclusion
Obtaining EIN for any Delaware 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.