Fact Checked by Editorial Staff
To obtain EIN for New Mexico 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 New Mexico 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 New Mexico 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 New Mexico–
- 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 New Mexico
According to the New Mexico Limited Liability Company Act, if a foreign business LLC intends to transact its commercial operations in New Mexico, then it shall foremostly register itself with the state of New Mexico.
Transacting Business In New Mexico
The taxation aspect should also be given due consideration post the incorporation of LLCs. According to state rules, foreign LLCs must collect state sales taxes in their home state. To be liable to collect state sales tax on sales to its residents in the State of New Mexico, the company must have a physical presence in—or a connection with—the state. If a foreign LLC opens a store, an office, or a warehouse in New Mexico, or engages a sales representative there, it is regarded to have a physical presence in the state.
Registering The Business
The foreign business LLC must file a New Mexico Foreign Limited Liability Company Application for Registration with the Secretary of State, Corporations Bureau, to register a foreign LLC in New Mexico.
The Secretary of State office also requires a certificate of good standing or existence issued by the home state to approve a foreign qualification application. The foreign entity must also designate a registered agent in New Mexico on file at all times.
The LLCs are not obligated to file an annual report in New Mexico. New Mexico assesses a franchise tax if an LLC pays federal income tax.
Effect Of Non-Registration
A foreign LLC doing business in New Mexico is not permitted to file an action, suit, or proceeding in a New Mexico court unless it has registered. A foreign LLC that does business in New Mexico without a legal registration is liable to a civil penalty of up to $200 each year or portion thereof during which business was conducted.
A member of management of a foreign limited liability company is not accountable for its debts and liabilities just because it did business in New Mexico without being registered. However, not being registered has no bearing on the LLC’s obligations or its ability to defend a case in New Mexico.
New Mexico Deceptive Trade Act
The Uniform Deceptive Trade Practices Act, which codifies unfair trade practice safeguards in state legislation and prevents sellers from willfully deceiving purchasers, is equally enforceable in the State of New Mexico.
Based on reasonable grounds, the Attorney General can bring an action against any person who has breached the provisions of the trade practices, he or she may bring a civil action against that person. Any individual may be sued in the name of the state by the district attorney or a private citizen of New Mexico to prohibit any violations of the Article or prevent restricted businesses.
How Fast Can You Obtain EIN for Foreign LLC in New Mexico
An EIN for foreign LLC in New Mexico can be obtained by immediately if applying online and by mail or fax it may take up to 1 week.
When it comes to how fast one can obtain an EIN for a foreign LLC in New Mexico, several factors come into play. The duration of the process primarily depends on the chosen application method, responsiveness, and documentation provided by the LLC.
Applying for an EIN for a foreign LLC in New Mexico can be done through various ways, with the most common being applying online or submitting Form SS-4 through mail or fax. Applying online is generally the fastest method as it allows for quick verification and tracking. The IRS provides a user-friendly online platform designed to facilitate this process, making it convenient for foreign LLCs seeking an efficient way to obtain their EIN. The online application process is quite straightforward, requiring data such as the LLC’s legal name, mailing address, responsible party information, and the reason for applying.
However, for foreign LLCs applying through mail or fax, the processing time may differ. The IRS typically states that it takes around four to six weeks to process an EIN application submitted via these traditional means. The time frame may vary depending on backlog and other internal factors within the IRS. Nevertheless, foreign LLCs can stay informed about their application’s progress by contacting the IRS’ Business and Specialty Tax Line.
Obtaining an EIN in a timely manner also heavily relies on the responsiveness of the foreign LLC during the application process. It is crucial to double-check all the documentation and information submitted to avoid delays caused by incorrect or incomplete forms. In case the IRS requires further information or clarification, prompt and thorough responses can ensure a smoother and faster processing of the application.
Moreover, foreign LLCs should bear in mind that certain circumstances, such as peak tax seasons or changes in regulations, could influence the timeline for receiving an EIN. While the IRS aims to process EIN applications as quickly as possible, these external factors may impact the overall processing time. It is prudent for foreign LLCs to stay vigilant and plan ahead to allow sufficient time for the application process to be completed.
Overall, the speed at which a foreign LLC can obtain an EIN in New Mexico depends on the chosen application method, the accuracy and completeness of submitted information, and external factors such as seasonality and regulatory changes. Being prompt and diligent in adhering to the IRS guidelines is essential to ensure a smooth and efficient process. Foreign LLCs must be proactive in their approach to enhance their chances of obtaining an EIN in a timely manner, enabling them to comply with state and federal laws as they embark on their business ventures in New Mexico.
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 New Mexico
So, how fast can you obtain an EIN for a foreign LLC in New Mexico? The process is actually relatively straightforward and can be completed in a matter of days, depending on how promptly you submit all the necessary documentation. In general, the timeline for obtaining an EIN for a foreign LLC is similar to that for a domestic LLC.
First and foremost, you will need to ensure that your foreign LLC is registered with the New Mexico Secretary of State. This involves submitting the necessary forms and fees, and may take a few weeks to process. Once your LLC is in good standing with the state, you can move on to applying for an EIN.
The fastest way to obtain an EIN for your foreign LLC is to apply online through the IRS website. This process is free and typically takes just a few minutes to complete. Alternatively, you can apply by mail or fax by submitting Form SS-4 to the IRS. This option may take longer, as it involves mailing in physical paperwork and waiting for it to be processed.
In either case, you will need to provide some basic information about your LLC, such as its legal name, address, and members. You will also need to designate a responsible party who will be the primary contact for the EIN application. This person must have a valid Taxpayer Identification Number (SSN, ITIN, or EIN) in order to apply.
Once your application has been processed, the IRS will assign you an EIN, which you will receive in the form of a confirmation letter. This letter can be used as proof of your EIN while you wait to receive the official documentation from the IRS.
Overall, the process of obtaining an EIN for a foreign LLC in New Mexico is relatively quick and simple. With the increase in online services and streamlined processes, foreign LLCs can now obtain an EIN in just a matter of days. This allows businesses to get up and running quickly and efficiently, without unnecessary delays.
In conclusion, if you are a foreign LLC looking to expand your business into New Mexico, rest assured that obtaining an EIN is a manageable task. By following the necessary steps and ensuring all documentation is submitted promptly, you can have your EIN in hand in no time. This will allow you to focus on growing your business and thriving in the Land of Enchantment.
In Conclusion
Obtaining EIN for any New Mexico 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.