To obtain EIN for Oklahoma 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 Oklahoma 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?
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 Oklahoma 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 Oklahoma–
- 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.
Restrictions In Business For Foreign Entities In Oklahoma
While forming a foreign LLC in Oklahoma LLCs have to follow some rules and regulations. These restrictions or rules are basic guidelines that one must follow in order to start a foreign LLC in the state of Oklahoma. Here are some points to consider,
Transacting Business In Oklahoma
To transact business in Oklahoma LLCs have to register their business with the Oklahoma Secretary of State. To register the foreign LLC in Oklahoma, one has to submit a registration form along with the details of their LLC. Before you transact your business in Oklahoma, make sure you have the following,
- A physical address in Oklahoma
- A warehouse & store in Oklahoma
- An office in Oklahoma
- A sales representative from Oklahoma
These are mandatory to transact business in Oklahoma. Once you register your foreign LLC in Oklahoma, you must consider the State sales tax. For the state sales tax, one has to have these above-mentioned places/people in Oklahoma.
Registering The Business
Registering your foreign LLC in Oklahoma needs a certificate of authority just like other states. In the certificate of authority, one has to clarify a few details about their domestic as well as foreign LLC in Oklahoma. The following details should be included in the certificate of authority,
- Name of the LLC in the domestic state
- Name of the LLC in the state of Oklahoma (if different)
- Name and address of Oklahoma registered agent
- State where the LLC is formed
- Date of the LLC formation
- Email address of the concerned person of the LLC
- An authorized signature
A certificate of good standing is also needed for transacting business in Oklahoma. This certificate is issued by the Secretary of State of the domestic state. The certificate of good standing is a mandatory requirement to start a foreign LLC in Oklahoma.
Effect Of Non-Registration
If you don’t register your foreign LLC in Oklahoma, you will not be able to bring any lawsuit to the state. Though, you can defend a lawsuit. Like other states, in Oklahoma, failing to register a foreign LLC does not have any direct effect on members of the LLC.
Oklahoma Deceptive Trade Practice Law
In Oklahoma, there are some restrictions on Foreign LLC or any businesses. Deceptive Trade Practices are considered to be a misleading and false advertisement of the product/service you are offering. Along with the misleading information or advertisement, businesses that are involved in fraudulent activities, cheating customers, misselling, and advertising false information regarding any product or service are considered to be guilty. An attorney general can bring a lawsuit for deceptive trade practices. The civil penalty for this is up to $10,000.
How Fast Can You Obtain EIN for Foreign LLC in Oklahoma
An EIN for foreign LLC in Oklahoma can be obtained by immediately if applying online and by mail or fax it may take up to 1 week.
How Fast Can You Obtain an EIN for Foreign LLC in Oklahoma
Every entrepreneur knows that time is of the essence when it comes to starting a business. The process of setting up a new venture usually involves a myriad of bureaucratic hurdles and procedural requirements, which can be time-consuming and daunting. Foreign limited liability companies (LLCs) looking to establish a presence in Oklahoma face an additional challenge: obtaining an Employer Identification Number (EIN).
An EIN plays a crucial role in legitimizing a business entity in the eyes of government authorities in the United States. It is a unique identification number issued by the Internal Revenue Service (IRS) that is essential for federal tax purposes and opening a bank account. Therefore, obtaining an EIN should be a top priority for any foreign LLC seeking to operate in Oklahoma.
One might wonder how long the process of obtaining an EIN for a foreign LLC in Oklahoma might take. Although the timeline may vary depending on different factors, it is generally believed that the process can typically be completed within a reasonable timeframe.
The first step in obtaining an EIN for a foreign LLC in Oklahoma is to file an application with the IRS. This can be done either online or by mail. The IRS provides a user-friendly online application process that streamlines the procedure and enables entrepreneurs to receive their EIN promptly. Generally, one can expect a response within a few days of the application submission.
Another option is to file the EIN application via mail, which may take a bit longer due to additional processing time. However, it is worth noting that the IRS has implemented measures to expedite these mail-based applications, minimizing the overall turnaround time.
Additionally, Oklahoma does not require foreign LLCs to obtain a state-level EIN or register specifically as “foreign entities” to conduct business within the state. This simplifies the process for foreign entrepreneurs, allowing them to focus exclusively on acquiring their federal EIN.
Furthermore, engaging the services of professionals or business formation services that specialize in assisting foreign LLCs with the application process can be highly beneficial. These services have up-to-date knowledge and experience navigating the bureaucratic landscape, ensuring that entrepreneurs are equipped with the relevant information and supporting documents required for a successful application. Leveraging the expertise of such professionals can enhance efficiency, potentially speeding up the acquisition of an EIN.
While there might be instances where exceptional circumstances lead to unavoidable delays in obtaining an EIN, the usual timeline for foreign LLCs in Oklahoma to secure this vital identification number remains within a reasonable range. However, it is recommended for entrepreneurs to plan ahead and initiate the application process as soon as possible, considering the importance of having the EIN in-hand before any business activity commences.
Thus, it is evident that despite the inherent complexities surrounding bureaucratic processes, Oklahoma supports a relatively quick acquisition of an EIN for foreign LLCs willing to operate within its borders. By following a straightforward application process and potentially seeking guidance from experts, entrepreneurs can proactively build momentum and drive towards a successful business venture in 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.
In Conclusion
Obtaining EIN for any Oklahoma 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.
