To obtain EIN for Missouri 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 Missouri 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.
On this page, you’ll learn about the following:
- What is a Foreign Limited Liability Company?
- What is an EIN (Employer Identification Number)?
- EIN for a Foreign Entity or Foreign LLC
- Restriction In Business For Foreign Entities In Missouri
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 Missouri 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 Missouri–
- 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 Missouri
When a foreign business LLC plans to launch its business operations in the State of Missouri, it must foremostly register itself with the Missouri Secretary of State Office, according to Missouri’s Limited Liability Company Act.
Transacting Business In The State of Missouri
After the incorporation of LLCs, the subject of taxation must be addressed. Foreign LLCs must collect state sales taxes in their home state, according to state rules. A corporation must have a physical presence in or a similar connection with the State to be liable to collect state sales tax on sales to its residents. If a foreign LLC opens a store, an office, or a warehouse in Missouri, or hires a sales representative there, it is considered to have a physical presence in Missouri.
Registering The Business
The foreign LLC must file a Missouri Application for Registration of a Foreign Limited Liability Company with the Missouri Secretary of State, Corporations Division, to register a foreign LLC in Missouri.
The Missouri Secretary of State requires a Certificate of Good Standing or its equivalent from the home state to approve a foreign qualification application. The foreign entity must designate and keep a registered agent in Missouri on the file at all times.
Effect Of Non-registration
If the Foreign LLC is not registered under Missouri law, then it may have to undergo the following scenarios:
- Such a business LLC shall be subject to a minimum penalty of $1,000.
- Furthermore, the LLC shall lose its right to legal representation in the Court of law and cannot file a lawsuit in the state.
- However, not being registered does not render any of the LLC’s contracts null and void, nor does it prevent the LLC from defending a lawsuit in Missouri.
- Members of the LLC are also not accountable for the LLC’s debts, obligations, or liabilities merely due to doing business in Missouri without being registered.
Missouri Merchanding Practices Act
Missouri’s consumer protection statute is known as the Missouri Merchandising Practices Act (“MMPA”). It protects Missouri consumers from prohibited business activities such as fraud, deception, fraudulent advertisement, a deceptive salesperson, or any other statement or omission. The MMPA permits Missouri consumers who have been wronged to file a claim in court to recover their damages. An Attorney General can sue any violators under the Act.
How Fast Can You Obtain EIN for Foreign LLC in Missouri
An EIN for foreign LLC in Missouri can be obtained by immediately if applying online and by mail or fax it may take up to 1 week.
If you are a foreign LLC that is establishing operations in Missouri, you will be required to obtain the EIN for foreign LLC. An EIN is a nine-digit number that is issued to businesses by the Internal Revenue Service to help them report taxes and identify their employees. The EIN is also known as the employer identification number (EIN). A business can use this to set up a bank account and hire employees. It is also used to make it easy to file taxes with the IRS.
There are several ways to get the EIN for foreign LLC in Missouri. For example, there are online applications and mail-in services. However, both methods take longer to complete and may require you to meet additional requirements. Choosing a third-party provider can save you time and hassle. This is especially true if you need to apply for an EIN for multiple members of your LLC.
Obtaining the EIN for foreign LLC in Missouri is not an exact science. Unlike some states, it is not a one-size-fits-all process. Rather, it depends on your specific type of LLC and the rules governing it. As such, it is a good idea to consult with a business advisor. You should also keep in mind that you may need to register for additional services such as county business licenses.
Another way to get the EIN for foreign LLC in a hurry is to sign up for a mail-in service. If you choose this option, you should expect a four-week wait for the EIN. During this time, you can expect a copy of your certificate of authority, which you should receive in the mail. While this may seem like a lengthy wait, it is well worth the money.
In addition to the EIN for foreign LLC in Missouri, you will need to obtain a Certificate of Good Standing from your home state. The Certificate of Good Standing is a legal document that will allow your LLC to conduct business in Missouri. Despite this, you will not be allowed to initiate a lawsuit in the state, which is a violation of the MMPA.
To complete this small task, you will need to submit an application with your personal information and a few other items. The application will require a filing fee of $155 for a corporation and $105 for an LLC. Depending on your specific requirements, you may be able to save money by signing up with a third-party provider.
Other steps to take include hiring an attorney and maintaining a registered agent. Having a registered agent is important because it allows your business to receive official government correspondence. Your agent must be a resident of Missouri, but you can also use an individual within your company.
Lastly, you will need to complete an annual report, which must contain several items. This includes the name of the LLC, its address, and whether the business is managed by its members or managers.
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.
Obtaining EIN for any Missouri 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.