EIN for Washington State Foreign LLC – Obtain EIN For Foreign Entity


Steve Goldstein
Steve Goldstein
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To obtain EIN for Washington State 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 Washington State 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 Washington State 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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:

  1. 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.
  2. 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
  3. 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
  4. Ways to apply for EIN Washington State
    • 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 Washington

According to the Washington Limited Liability Companies Act, the Washington Foreign business LLCs must register themselves with the State of Washington if they intend to transact business operations in the State.

Transacting Business In Washington State

After the incorporation of LLCs, the issue of taxation must also be determined. According to state rules, foreign LLCs must collect state sales taxes in their home state. A foreign LLC can collect State sales tax when it has a physical presence in—or a connection with—the State to be liable to collect state sales tax on sales to its residents. For instance, if a foreign LLC opens a store, an office, or a warehouse in Washington or hires a sales representative, it is regarded as having a physical presence.

Registering The Business

The foreign LLC must file for a Certificate of Authority with the Washington Secretary of State to register a foreign corporation in Washington.

The Washington Secretary of State requires a certificate of good standing or its equivalent issued by the home state in order to approve a foreign qualification application. In addition, the foreign entity must also hire a registered agent in Washington to manage their communication with the Secretary of State office.

Effect Of Non-Registration

If the Washington Foreign LLC does not register itself with the Secretary of State office, then it may have to face the following drawbacks:

  • The unregistered foreign LLC doing business in Washington shall lose its right to legal representation or filing any action, suit, or maintaining proceeding in any Court of Law in Washington.
  • In addition, the LLC will be responsible for all registration costs it would have otherwise paid, as well as any penalties.
  • Nevertheless, the failure of a foreign LLC to register in Washington has no influence on the legitimacy of any contract or activity entered into by the foreign LLC, nor does it bar the foreign corporation from defending any lawsuit, suit, or process in a Washington court.

Washington State Deceptive Trade Act

Washington has not enforced the federal Uniform Deceptive Trade Techniques Act (UDTPA); however, consumer fraud practices such as misleading advertising, odometer tampering, and other deceptive trade practices are prohibited.

Individuals and corporations who engage in unfair or deceptive commercial practices possess the right to file private lawsuits in Washington state. A customer may file a civil case under the Washington Consumer Protection Act (CPA) to halt further deceit, collect monetary damages, and recoup litigation expenses and attorney fees from the violator.

How Fast Can You Obtain EIN for Foreign LLC in Washington

An EIN for foreign LLC in Washington can be obtained by immediately if applying online and by mail or fax it may take up to 1 week.

Obtaining an EIN is a crucial step for any business entity, as it allows the Internal Revenue Service (IRS) to identify the organization for tax purposes. While the process for obtaining an EIN for a foreign Limited Liability Company (LLC) might seem challenging at first glance, with careful preparation and attention to detail, a prospective business owner can maneuver through the necessary steps successfully.

One of the first considerations to keep in mind when seeking an EIN for a foreign LLC in Washington is the requirement to have a Responsible Party. This individual must be an individual associated with the LLC who can be appointed both legally and practically responsible for the company’s tax matters. The Responsible Party must have a valid Taxpayer Identification Number (SSN, ITIN, or EIN) and also possess the authority to manage and control the LLC.

One aspect that can influence the speed at which an EIN is obtained is ensuring that all required documents and forms are filled out correctly. The IRS provides Form SS-4 for EIN applications, which can be filed either online, by mail, or by fax. A lack of diligence or clarity in completing this form can result in unnecessary delays. Therefore, aspiring LLC owners should take the time to accurately reproduce all required information before submitting their application.

In the case of foreign LLCs in Washington, additional documents may be necessary on top of the SS-4 form. These typically include a copy of the LLC’s formation document and evidence of its existence under the laws of a foreign jurisdiction. It is essential to pay close attention to the specific requirements outlined by the IRS since any omission or error in the provided documentation can complicate the application process.

While business owners may understandably desire expedited approval times, it is important to note that the pace of EIN issuance for foreign LLCs in Washington may vary. The IRS typically aims to process EIN applications as quickly as possible; however, various factors beyond their control can impact processing times. Large workloads, high volumes of applications or complex LLC structures may result in prolonged approval times.

It should be reiterated that the specific requirements and procedures for obtaining an EIN for foreign LLCs in Washington are subject to change. Keeping abreast of any updates or revisions to the application process is vital. Entrepreneurs and business owners must remain in contact with the IRS to ensure they possess the most up-to-date information possible.

As embarked upon by the Washington state government to promote business growth and encourage investment, obtaining an EIN for your foreign LLC is a vital step towards establishing a presences in this dynamic and thriving state. While navigating the process can be intricate, it is not insurmountable. With careful planning, thorough documentation, and patience, achieving success in obtaining an EIN for your foreign LLC in Washington is within reach.

FAQ

How to obtain EIN for foreign LLC in Washington State?

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.

Do I need to obtain EIN for foreign LLC always?

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.

Are EIN and TIN the same or different?

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.

Do I need a Third Party Designee to obtain EIN for Foreign LLC?

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 Washington

One of the most common questions that foreign LLCs have when it comes to obtaining an EIN in Washington is how quickly they can complete the process. While the exact timeline can vary depending on a range of factors, including the method chosen to apply for the EIN and the completeness of the application, there are a few general guidelines to keep in mind.

The quickest way to obtain an EIN for a foreign LLC in Washington is to apply online through the IRS website. This method is typically faster than applying by mail or fax, as the information is processed electronically. The online application can be completed in a matter of minutes, and in many cases, the EIN is issued immediately upon submission.

For foreign LLCs that prefer to apply by mail or fax, the process may take slightly longer. Once the application is submitted, it can take up to four weeks for the IRS to process the request and issue an EIN. It is important to ensure that the application is complete and accurate, as any mistakes or missing information can lead to delays in the processing time.

It is worth noting that the speed at which a foreign LLC can obtain an EIN also depends on factors such as the current volume of applications being processed by the IRS and any potential delays due to holidays or peak filing periods. To expedite the process, foreign LLCs should make sure to have all necessary information and supporting documents ready when submitting their EIN application.

In conclusion, while the exact timeline for obtaining an EIN for a foreign LLC in Washington can vary, taking the appropriate steps to prepare and submit the application in a timely manner can help streamline the process. By understanding the different methods available for applying for an EIN and being aware of potential factors that can impact processing times, foreign LLCs can work towards obtaining their EIN efficiently and effectively.

In Conclusion

Obtaining EIN for any Washington State 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.

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