EIN for West Virginia Foreign LLC – How to Obtain EIN For Foreign Entity


Steve Goldstein
Steve Goldstein
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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.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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:

  1. 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.
  2. 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
  3. 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
  4. 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.

The road to launching a foreign LLC is often accompanied by a whirlwind of legal obligations and administrative tasks. Among these obligations is the essential need to obtain an EIN from the Internal Revenue Service (IRS). This nine-digit number functions as a unique identifier for a business entity, serving purposes such as tax filing, opening a US bank account, or hiring employees. Hence, it comes as no surprise that entrepreneurs seek to expedite the process of obtaining an EIN.

In the context of West Virginia, the timeline for obtaining an EIN for a foreign LLC is contingent upon several factors. While there is no steadfast rule dictating the exact length of the process, one can gain a general understanding of the measures in place.

Firstly, it is important to note that the process varies depending on the method chosen to obtain the EIN. One option is to apply online via the IRS website. This method is typically regarded as the most efficient and expedient. However, it is crucial for foreign LLCs to ensure that they have a responsible party with a valid US taxpayer identification number (SSN, ITIN, or EIN) who is able to complete the online application process on their behalf.

Alternatively, foreign LLCs can seek the assistance of tax professionals or attorneys who specialize in this field. By working with these trusted experts, foreign LLCs can navigate the intricacies of obtaining an EIN and potentially expedite the process.

That being said, it is crucial for aspiring entrepreneurs to consider the bureaucratic hurdles that may emerge during the EIN acquisition process. International businesses treading the path of establishing a foreign LLC must be aware of potential roadblocks stemming from varying legal systems, complex documentation requirements, and different time zones. Overcoming these challenges often entails diplomatic navigation and meticulous attention to detail.

While exact timeframes may not necessarily exist, it is no secret that aspiring entrepreneurs arelingitenly yearning for clarity concerning the EIN acquisition process. Transparency from relevant authorities regarding the expected timeline would undoubtedly benefit international businesses aiming to legally establish themselves in West Virginia.

By offering this vital information in a clear and accessible manner, governmental bodies can foster an environment of trust, encouraging entrepreneurs to seek opportunities in the state of West Virginia with full confidence.

Ultimately, obtaining an EIN for a foreign LLC in West Virginia demands sincere effort, patience, and a grasp of the intricacies involved. As foreign entities strive to streamline their operations and navigate complex legal frameworks, shedding light on the approximate timeline for acquiring an EIN serves as an invaluable resource. By reducing ambiguity and providing realistic expectations, businesses can engage in the procedure of establishing a foreign LLC with a sense of empowerment and informed decision-making.

Ultimately, the timeline for obtaining an EIN as a foreign LLC in West Virginia can vary and will greatly depend upon factors such as the chosen application method and any potential bureaucratic hurdles. However, by adequately preparing, seeking expert assistance, and engaging openly with the relevant authorities, international businesses will be well-equipped to navigate the process of obtaining an EIN with dexterity and achieve their dreams of establishing a successful foreign LLC in the beautiful state of West Virginia.

FAQ

How to obtain EIN for foreign LLC in West Virginia?

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.

Do I need to obtain EIN for foreign LLC always?

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.

Are EIN and TIN the same or different?

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.

Do I need a Third Party Designee to obtain EIN for Foreign LLC?

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 West Virginia

The process of obtaining an EIN for a foreign LLC in West Virginia can seem daunting at first, especially for those unfamiliar with the state’s regulations and procedures. However, with the right guidance and preparation, it can be a relatively straightforward process.

One of the most important things to keep in mind when applying for an EIN as a foreign LLC in West Virginia is to ensure that your business is registered with the West Virginia Secretary of State. This step is crucial because the IRS requires that all foreign LLCs doing business in the United States have an EIN.

Once your LLC is properly registered with the Secretary of State, the next step is to fill out the appropriate paperwork to apply for an EIN. This can be done online through the IRS website, by fax, or by mail. The fastest way to obtain an EIN is typically through the online application process, which allows for immediate processing and receipt of the number.

It is important to make sure that all the information provided on the EIN application is accurate and up to date. Any mistakes or inaccuracies could lead to delays in the process and potential complications down the road. Be sure to have all the necessary documentation and information on hand when completing the application, including your LLC’s legal name, mailing address, and responsible party’s name and social security number.

In addition to applying for an EIN, foreign LLCs in West Virginia may also need to file additional paperwork with the state or obtain other permits or licenses depending on the nature of their business activities. It is essential to research and understand all the requirements that apply to your specific situation to ensure full compliance and avoid any potential issues.

Overall, while the process of obtaining an EIN for a foreign LLC in West Virginia may seem complex, with proper preparation and guidance, it can be a relatively quick and straightforward process. By ensuring that your LLC is properly registered with the Secretary of State and providing accurate information on the EIN application, you can expedite the process and get your business up and running sooner rather than later.

In Conclusion

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.

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