To obtain EIN for West Virginia 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 West Virginia 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 West Virginia
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 West Virginia 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 West Virginia –
- 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 West Virginia
When a foreign LLC operates in West Virginia, it is termed as West Virginia Foreign LLC. According to West Virginia’s Limited Liability Company Act, such foreign business LLCs must foremostly register themselves with the State of West Virginia if they are transacting business in the State.
Transacting Business In West Virginia
When the LLC is duly incorporated with the State office, its position with regard to taxation must also be determined. According to state rules, foreign LLCs must collect state sales taxes in their home state. To be liable to collect the State sales tax, the foreign LLC should have a physical presence in—or a connection with—the State. For instance, if a foreign LLC opens a store, an office hires a sales representative there, or a warehouse in West Virginia, it is regarded as having a physical presence there.
Registering The Business
For registration, the foreign LLC must file an Application for Certificate of Authority with the West Virginia Secretary of State, Corporations Division, to register a foreign LLC in the State of West Virginia.
The West Virginia Secretary of State Office mandates furnishing of a certificate of Existence or good standing issued by the home state to approve a foreign qualification application. The certificate has to be from the current tax year. Another important aspect of the registration application is that the foreign entity must designate and keep a registered agent in West Virginia to act as their official point of communication with the State authorities.
Effect Of Non-Registration
In case a West Virginia Foreign LLC chooses not to register itself with the Secretary of State office, then the following penalties shall be levied on the LLC in accordance with the §31D-15-1502 of the West Virginia Business Corporations Act.
- Such a foreign LLC shall be unable to commence an action or suit or maintain a proceeding in the State’s court. The LLC shall lose its right to legal representation in the Court of Law.
- The circuit court may further stay any proceedings in connection with such business LLC.
- The foreign LLC will have to pay an amount equal to all the fees and taxes that is imposed on the registered entities, plus all the penalties imposed for failure to pay any taxes and fees.
- The failure of a foreign LLC to register in this State has no influence on the legitimacy of any contract or corporate acts of the LLC, nor does it prevent the corporation from defending any action, suit, or process brought in this State’s courts.
West Virginia Trade Practice Act
The Uniform Deceptive Trade Practices Act has not been implemented in West Virginia. The West Virginia Consumer Credit and Protection Act outlines the State’s deceptive commercial practices statutes. Everything from misrepresenting warranty coverage and sending spam emails to altering the odometer on a second-hand automobile is prohibited under these deceptive trade practices regulations. A consumer who has suffered a determinable loss may file a claim in West Virginia State Court.
How Fast Can You Obtain EIN for Foreign LLC in West Virginia
An EIN for foreign LLC in West Virginia can be obtained by immediately if applying online and by mail or fax it may take up to 1 week.
If you want to register a foreign LLC in West Virginia, you must first apply for an EIN. You can do so online, by mail, or by fax. An EIN serves as your business’s identification with the IRS. It helps you make tax returns and keep records of your business’s finances.
Before you begin applying for an EIN, it is important to determine if your business meets all the requirements for a West Virginia LLC. If you’re not sure, contact an accountant or a tax lawyer for assistance.
Your business must have an official name and registered address. Your business must also have a registered agent who will be responsible for receiving official documents for the company. The registered agent must be at least 18 years old and a resident of West Virginia.
In addition to having an official name, you must also ensure that your LLC is formed in accordance with state law. You’ll need to choose a name that is distinguishable from other businesses that are already registered in the state. You can’t use the same name as another LLC or one that has been registered in the past. Also, your LLC’s name cannot contain words such as “DMV,” or include any other symbols that indicate that your business is a corporation.
To get an EIN, you’ll need to complete a form – an Application for Employer Identification Number (Form SS-4). You can obtain this form on the IRS website. Once you have completed the form, you’ll need to send it to the IRS along with a letter containing the business’s legal name and address.
If you’re unable to do it yourself, you can hire a third-party organization to do the paperwork for you. A company such as Incfile can help you with this task. Typically, you’ll have to pay a fee. However, if you’re a veteran or disabled person, you can apply for the $100 filing fee.
The information that you’ll need to provide on the form will vary from state to state. Generally, you’ll have to submit your business’s name, address, and the names and addresses of any managers or owners. Additionally, you’ll need to provide a short description of what you plan to sell. Finally, you’ll need to list your target market.
You’ll have to prepare a business plan describing your product or service, as well as your plans for marketing, organizational structure, and logistics. Generally, you’ll need to file an annual report with the IRS.
Finally, you’ll need to invest in a website or other business technology to make your business easier to operate. For example, you may want to purchase a domain name and reserve it. Make sure you have a professional-looking website. This is one of the best ways to market your business, and it can be easy to do with a professionally-designed site.
The process of obtaining an EIN for a foreign LLC in West Virginia is quick and easy. Although you can apply for your EIN immediately, you’ll need to wait up to four weeks for it to arrive if you mail in your application.
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 West Virginia 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.