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IRS Revises EIN Application Process – What it ACTUALLY Means for Non-US Citizens

IRS EIN Policy

The IRS released an update on May 13, 2019 saying that from now on in order to get an EIN, applicants will need to provide an SSN or ITIN.

Read more about how the IRS has used very confusing language (they are only speaking to people that have an SSN or ITIN; mostly Americans) and they made no comment about people who don’t have an SSN or ITIN…

As you can imagine, this would dramatically affect my business if I can’t help non-US citizens get their EIN without an SSN.

I offer a service for non-US citizens called EIN Express that helps non-US citizens get their EIN without SSN or ITIN.

In the past 4 years, I’ve helped more than 1,200 non-US citizens get their EIN. You can see my past client reviews here.

I’ve done a thorough research and talked to the IRS repeated times and this is the conclusion:

There are NO changes to obtaining EINs for our foreign applicants who do not have SSN or ITIN after May 13th.

This update from the IRS was for Americans who do not want to put their SSN or ITIN on the application (and this was just more of a crackdown and not necessarily a new rule). As the IRS update states, “The change will prohibit entities from using their own EINs to obtain additional EINs.”

So this update does NOT affect anything for foreigners and foreigners can still get an EIN without an SSN or ITIN.

And that’s absolutely great news for you — you’re able to get your EIN without an SSN or ITIN.

Again, non-US residents and non-US citizens can still get an EIN. Read more here for more details.

Note: Our team has verified this information with the IRS over the phone numerous times. You can still get an EIN for your LLC even if you don’t have an SSN or ITIN.

These changes to the EIN rules are really about national security (and not about preventing foreigners from forming US LLCs and opening bank accounts).

The US government, through various ways, has been strengthening national security to combat sanction evasion, money laundering, fraud, and tax evasion.

 

In Summary

Nothing has changed for how an EIN is obtained by non-US residents or non-US citizens.

However, if a company owns another company, it can no longer use its existing EIN on the new EIN application and the parent company cannot be listed as the EIN Responsible Party.

The IRS requires a person (“the person who ultimately owns or controls the entity or who exercises ultimate effective control over the entity“) to be listed as the EIN Responsible Party.

Ultimately, the US government doesn’t want to prevent foreign investment from coming into the US. They just want to prevent financial crimes.

Again, non-US residents and non-US citizens can still get an EIN.

I hope you find this information useful.

If you’re still hesitant about getting your EIN, I completely understand.

I do offer a 100% Money Back Guarantee to make sure you get your EIN so if for any reason, you don’t get your EIN in 4 weeks, I will refund your entire payment.

Apply for your EIN without SSN or ITIN here.

Sam Mollaei, Esq.

As a Business Lawyer for Entrepreneurs, I help entrepreneurs start their U.S. business without dealing with complicated government forms. I’ve assisted more than 2,246 entrepreneurs successfully start their business and I'm backed by more than 702 5-Star Google Reviews. If you're interested in starting your business, take the first step by requesting your Free Strategy Session on this page.

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