EIN for Kentucky Foreign LLC – How to Obtain EIN For Foreign Entity

Steve Goldstein
Steve Goldstein
Business Formation Expert
Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

All Posts by Steve Goldstein →
Business Formation Expert  |   Fact Checked by Editorial Staff
Last updated: 
LLCBuddy™ offers informative content for educational purposes only, not as a substitute for professional legal or tax advice. We may earn commissions if you use the services we recommend on this site.
At LLCBuddy, we don't just offer information; we provide a curated experience backed by extensive research and expertise. Led by Steve Goldstein, a seasoned expert in the LLC formation sector, our platform is built on years of hands-on experience and a deep understanding of the nuances involved in establishing and running an LLC. We've navigated the intricacies of the industry, sifted through the complexities, and packaged our knowledge into a comprehensive, user-friendly guide. Our commitment is to empower you with reliable, up-to-date, and actionable insights, ensuring you make informed decisions. With LLCBuddy, you're not just getting a tutorial; you're gaining a trustworthy partner for your entrepreneurial journey.

To obtain EIN for Kentucky 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 Kentucky 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 Kentucky 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 Kentucky
    • 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 Kentucky

In Kansas, before you start your foreign LLC, you must know the general regulations by the State. There are some important points that need to be considered before you form your Kentucky foreign LLC. These points are,

Transacting Business In the State of Kentucky

If a foreign business intends to transact business in Kentucky, then it must register the foreign company with the state of Kentucky, in accordance with Kentucky’s Limited Liability Company Act.

The Kentucky State laws also determine when foreign LLCs are obligated to collect sales tax, which is helpful. As a standard rule, the company must have a physical presence or nexus in Kentucky to be compelled to collect sales tax from Kentucky residents. In most circumstances, this implies the LLC must either have the following:

  • A warehouse in Kentucky
  • A store in Kentucky
  • An office in Kentucky
  • A sales representative in Kentucky

Registering The Business

To receive business licenses and permits, all businesses in Kentucky are required by law to register with the Secretary of State’s Office, the Department of Revenue, the Office of Employment Training, the Internal Revenue Service, and local municipalities. Certain specific business profiles require additional licenses and permits to carry out their businesses.

Effect Of Non Registration

If the Kentucky Foreign LLC is not registered as per the Kentucky laws, then it might have to face the following consequences;

  • Such a business LLC shall not be allowed to sue in any of the state’s courts.
  • In addition, the LLC faces a $2 fine for every day it does business in Kentucky without a certificate of authorization.

Nevertheless, such LLC contracts will not be invalidated or prevented from defending a lawsuit in Kentucky if it is not registered. The LLC shall be allowed to defend its claim in case a dispute arises from any contractual arrangement.

Kentucky Consumer Protection Act

The Kentucky Consumer Protection Act oversees business activities and prohibits unfair, false, misleading, or deceptive business activities in the state of Kentucky. This Act declares unlawful and prohibits any unfair, false, misleading, or deceptive acts or practices in the conduct of any trade or commerce. The Attorney General of the State can enforce action against the violator to recover damages for breaches of this Act’s requirements under Section 367.190.

How Fast Can You Obtain EIN for Foreign LLC in Kentucky

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

Kentucky possesses a favorable business climate, attracting entrepreneurs from around the world to set up their operations and contribute to the state’s economy. The process of obtaining an EIN for foreign LLCs is generally straightforward, but it is important to be aware of the potential variables that may impact the timeline.

Timing may vary depending on your mode of application submission. One option is applying online through the Internal Revenue Service’s (IRS) website, which is available 24/7. This route can expedite the process significantly, allowing foreign LLCs to acquire their EIN promptly. However, it is crucial to ensure that all information provided in the application is accurate and up to date since any mistakes can potentially result in delays.

For a foreign LLC looking for a more personalized approach, reaching out to the IRS and submitting the application via mail or fax remains a viable option. Although this method provides flexibility by manually submitting all required documents, the duration of the process might be longer due to the inherent delays inherent with physical mail and communication.

Another essential consideration is gathering all necessary information before commencing the application process. To fulfill the requirements prescribed by the IRS, foreign LLCs must provide details about the nature of their business, names of any responsible parties, organizational structure, and more. By having this information readily available, an organization can speed up the application process further, minimizing potential delays.

It is also worth considering the holiday period and peak business seasons when estimating the timeline for obtaining an EIN. Federal holidays and the IRS’s busiest months can potentially cause processing delays, as the IRS handles a myriad of applications simultaneously. Organizations aiming to kickstart their operations in Kentucky in a timely manner might want to plan accordingly.

Moreover, it is imperative to verify the accuracy of all the information provided regarding federal and state tax obligations. Double-checking the filings and ensuring compliance is crucial to mitigate any potential problems or delays. This diligent attention to accuracy will not only expedite the processing time but also save foreign LLCs from unnecessary headaches or potential penalties.

In summary, the timeline for obtaining an EIN largely depends on various factors, such as the mode of application, accuracy of information provided, timing of application, and general periods of heightened application volumes. As a foreign LLC venturing into Kentucky, mitigating potential delays and submitting all required documents accurately and promptly are key steps in ensuring a swift acquisition of the EIN. By understanding the process and planning ahead, foreign LLCs can proactively set up their operations and lay a solid foundation for success in Kentucky.


How to obtain EIN for foreign LLC in Kentucky?

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 Kentucky

One of the key steps in establishing a foreign LLC in the United States is obtaining an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). An EIN is a unique nine-digit number that is used to identify a business entity for tax purposes. Without an EIN, a foreign LLC cannot legally conduct business in the United States or hire employees.

In the state of Kentucky, the process of obtaining an EIN for a foreign LLC can vary in terms of how fast it can be completed. The timeline for obtaining an EIN can depend on several factors, including the specific circumstances of the foreign LLC, the completeness of the application, and the current backlog of requests at the IRS.

Typically, the process of obtaining an EIN for a foreign LLC in Kentucky involves completing Form SS-4, which is the application for an Employer Identification Number. The form requires information about the foreign LLC, such as its name, address, and structure, as well as details about the company’s ownership and activities.

Once the SS-4 form is completed, it must be submitted to the IRS either online, by mail, or by fax. The IRS will then review the application and, if everything is in order, issue an EIN to the foreign LLC. The amount of time this process takes can vary, but in many cases, an EIN can be obtained within a few weeks of submitting the application.

However, there are cases where obtaining an EIN for a foreign LLC in Kentucky may take longer. For example, if the IRS requires additional information or documentation from the foreign LLC, this can delay the issuance of the EIN. Additionally, if there is a high volume of applications being processed by the IRS, this can also cause a delay in obtaining an EIN.

It is important for businesses looking to establish a foreign LLC in Kentucky to plan ahead and allow for ample time to obtain an EIN. Without an EIN, a foreign LLC cannot legally operate in the United States, so it is crucial to ensure that all necessary steps are taken to obtain this important identifier in a timely manner.

Overall, the process of obtaining an EIN for a foreign LLC in Kentucky can vary in terms of how fast it can be completed. By understanding the requirements and allowing for potential delays, businesses can ensure that they are able to obtain an EIN and move forward with establishing their presence in the U.S. market.

In Conclusion

Obtaining EIN for any Kentucky 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.

Leave a Comment