Fact Checked by Editorial Staff
To obtain EIN for Mississippi 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 Mississippi. 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 Mississippi 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 Mississippi–
- 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 Mississippi
Before you start your foreign LLC you must know the guidelines of transacting business in Mississippi. These are general guidelines and every LLC has to follow them in order to form a foreign LLC in Mississippi.
Transacting Business In The State of Mississippi
Foreign LLCs must register their foreign corporation with the State of Mississippi if they are transacting business” in Mississippi, according to Mississippi’s LLC Act.
Post the registration of LLCs; the taxation obligation should also be clarified. According to state rules, foreign LLCs must collect state sales taxes in their home state. A company must have a physical presence in—or a connection with—the state to be liable to collect state sales tax on sales to its inhabitants. If a foreign LLC opens a store, an office, or a warehouse in Mississippi, or hires a sales representative there, it is regarded to have a physical presence in Mississippi.
Registering The Business
A foreign LLC must file a Mississippi Certificate of Authority with the Mississippi Secretary of State in order to register in Mississippi.
The Mississippi Secretary of State requires a Certificate of Existence or Good standing issued by the home state in order to approve a foreign qualification application. In addition, a foreign LLC must also designate and keep a registered agent in Mississippi on file at all times.
Effect Of Non-Registration
A foreign LLC conducting its business in this state is prohibited from bringing any action, suit, or proceeding in any court in Mississippi unless it has registered. However, not having a proper registration does not invalidate any of your LLC’s contracts or prevent your LLC from defending Mississippi litigation.
A foreign limited liability company member is not accountable for the foreign limited liability company’s debts, obligations, or liabilities just because the foreign limited liability company did business in this state without being registered.
Mississippi Deceptive Trade Act
In line with the other State, Mississippi has also incorporated the Uniform Deceptive Trade Practices Act into their state laws. In Mississippi, false and deceptive trade practices are forbidden. Any individual who breaches the provisions of an injunction will face a civil penalty of not more than $10,000 per violation. The Attorney General may prosecute any offender of the laws in the name of the state.
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 Mississippi
One of the key considerations for foreign LLCs when obtaining an EIN in Mississippi is the speed of the process. How fast can a foreign LLC obtain an EIN in Mississippi? This question is important for foreign LLCs that are eager to establish a presence in the state and begin conducting business as soon as possible. While the process of obtaining an EIN for a foreign LLC in Mississippi is relatively straightforward, the speed at which it can be obtained may vary depending on various factors.
The first step for a foreign LLC looking to obtain an EIN in Mississippi is to ensure that the LLC is properly registered with the Mississippi Secretary of State. This registration process may take some time, especially for foreign LLCs that are unfamiliar with the requirements and procedures in Mississippi. However, once the LLC is registered with the Secretary of State, obtaining an EIN is typically a quick and straightforward process.
Foreign LLCs can apply for an EIN in Mississippi online through the IRS website. The online application is efficient and convenient, allowing foreign LLCs to obtain an EIN without having to wait for paper forms to be processed. In many cases, foreign LLCs can receive their EIN immediately after completing the online application, allowing them to begin conducting business in Mississippi without delay.
Another factor that may affect the speed of obtaining an EIN for a foreign LLC in Mississippi is the type of business structure of the LLC. For example, if the foreign LLC is a single-member LLC, the process of obtaining an EIN may be simpler and faster than for a multi-member LLC. Additionally, foreign LLCs that have a clear understanding of the EIN application process and provide all required information promptly are likely to receive their EIN more quickly.
Overall, the speed at which a foreign LLC can obtain an EIN in Mississippi depends on several factors, including the efficiency of the registration process with the Secretary of State, the type of business structure of the LLC, and how promptly the LLC submits its EIN application. While the process of obtaining an EIN for a foreign LLC in Mississippi is generally efficient, foreign LLCs should be prepared to allocate some time to complete the necessary steps and documentation required for registration and application.
In conclusion, foreign LLCs looking to expand their operations into Mississippi should be aware of the steps and factors that may affect the speed of obtaining an EIN in the state. By understanding the requirements and procedures and acting promptly, foreign LLCs can expedite the process of obtaining an EIN and begin conducting business in Mississippi quickly and efficiently.
In Conclusion
Obtaining EIN for any Mississippi 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.