Fact Checked by Editorial Staff
To obtain EIN for Georgia 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 Georgia. 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 Georgia 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 Georgia–
- 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 Georgia
In Georgia, businesses have to follow some guidelines while forming a foreign LLC. These rules are applicable for all foreign LLCs. Here are some things to know before you form a foreign LLC in Georgia,
Transacting Business In The State of Georgia
As a part of the business operations, the LLCs are also required to collect state Sales taxes. The State regulations determine whether foreign enterprises are required to collect state sales taxes in their home state. An obligation to collect the state sales tax on sales to residents of that state arises when a business enterprise has a physical presence or a similar nexus in the state, such as establishing a store, an office, or a warehouse or employing a sales representative in Georgia.
Registering The Business in Georgia
The Foreign Business LLCs must file a Georgia Application for Certificate of Authority for Foreign Limited Liability Company with the Secretary of State Office of Georgia, Corporations Division, in order to register a foreign LLC in Georgia. This document can be sent or delivered in person.
Effect Of Not Registering Your Business
If a foreign LLC is not registered under Georgia Law, it shall face the following consequences:
- Such a business LLC shall lose its right to sue in any of the state’s courts.
- The non-registered LLC will also be responsible for all fees it should have paid if it had been legally registered, as well as a $500 penalty.
- The state may also take action to prevent your LLC from conducting business in Georgia in the future.
- However, not being registered does not render such LLC’s contractual obligations null and void, nor does it preclude it from defending a case in Georgia in case of a dispute.
Deceptive Trade Practices
Georgia follows the Uniform Deceptive Trade Practices Act, which is currently recognized by the majority of states. False advertising is prohibited under Georgia’s deceptive trade practices law, which makes it a misdemeanor and allows victims to sue for damages.
Georgia’s Fair Business Practices Act, which largely pertains to consumer transactions, contains many of the applicable rules and regulations. Consumer complaints are investigated and the law is enforced by the Governor’s Office of Consumer Protection.
How Fast Can You Obtain EIN for Foreign LLC in Georgia
An EIN for foreign LLC in Georgia can be obtained by immediately if applying online and by mail or fax it may take up to 1 week.
Firstly, it is essential to note that the internal revenue service (IRS) plays a central role in issuing EINs, and their involvement along with other factors can influence the overall time needed for obtaining an EIN. Georgia law stipulates that in most cases, foreign LLCs unable to obtain an EIN must use an Individual Taxpayer Identification Number (ITIN) instead. Starting businesses often prefer to use EINs, as they are relatively easier to secure and more commonly accepted by banks, investors, and other entities.
The actual application process for an EIN in Georgia involves filing specific forms and providing necessary information to the IRS. While the application form itself can be filled out online, it is essential to remember that the IRS may require additional supporting documentation for foreign LLCs. These documents may include certified copies of formation documents, certificates of good standing, and relevant articles of association or incorporation from the foreign entity’s home state. Timeliness in gathering and submitting these documents can expedite the process.
Once all the necessary paperwork is compiled, foreign entrepreneurs can expect to wait a reasonable amount of time for the IRS to review and process their applications. While it is difficult to pinpoint an exact timeline, anecdotal evidence suggests that it can take anywhere from a couple of weeks to several months to obtain an EIN for a foreign LLC in Georgia. Factors such as the complexity of the foreign entity’s structure, the accuracy of the information provided, and the current caseload of the IRS contribute to these variations in processing time.
Efficient communication and careful attention to detail remain key throughout the process. Setting realistic expectations is essential, as it allows foreign entrepreneurs to plan their ventures accordingly. It may be tempting to rush through the application process, especially for those eager to launch their operations swiftly. However, meticulousness pays off in the long run. Double-checking every aspect of the application and ensuring all necessary information and documents are provided will reduce the chances of delays or rejections.
It is worth emphasizing that while obtaining an EIN for a foreign LLC in Georgia may take time, this step is one among many in the process of setting up a business. Flexibility, adaptability, and a positive mindset are essential attributes for entrepreneurs embarking on this journey. Patience is a virtue when dealing with bureaucratic processes in any jurisdiction, after all.
In conclusion, the speed with which a foreign LLC can obtain an EIN in Georgia depends on various factors such as the complexity of the entity’s structure and the efficiency of communication. Consequently, although it is difficult to provide a definitive timeline, foreign entrepreneurs must practice careful attention to detail and engage in efficient communication with the IRS to support a fast and seamless process. Building realistic timelines while approaching the application process with a positive mindset will contribute to a successful establishment of a foreign LLC in Georgia.
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 Georgia
One of the first steps in the process is to understand the requirements for obtaining an EIN for a foreign LLC in Georgia. It is important to note that the same guidelines apply to foreign LLCs as they do to domestic ones. This means that the LLC must have a valid Taxpayer Identification Number (TIN) in order to apply for an EIN.
Once you have all the necessary documents in place, the next step is to complete the application form for an EIN. This can typically be done online through the IRS website or by submitting a paper application. The form requires basic information about the LLC, such as its name, address, and the names of the LLC members.
After submitting the application, the processing time for obtaining an EIN can vary. In some cases, it can be as fast as a few business days, while in others it may take a few weeks. It is important to be patient during the process and to follow up with the IRS if necessary to ensure that the application is being processed in a timely manner.
One of the key factors that can affect the speed of obtaining an EIN for a foreign LLC in Georgia is the completeness of the application. It is crucial to make sure that all the information provided is accurate and up to date. Any missing or incorrect information can delay the process significantly.
Another factor that can impact the timeline for obtaining an EIN is the current workload of the IRS. During busy periods, such as tax season, it may take longer for applications to be processed. Therefore, it is important to plan ahead and submit the application well in advance to avoid any unnecessary delays.
In conclusion, while obtaining an EIN for a foreign LLC in Georgia may seem like a daunting task, it can be done efficiently with the right approach. By understanding the requirements, completing the application accurately, and being patient during the processing time, it is possible to obtain an EIN in a relatively quick manner. This is an important step for foreign LLCs looking to establish a presence in Georgia and should not be overlooked.
In Conclusion
Obtaining EIN for any Georgia 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.