If you have set up a US entity, whether that be an LLC or LLP or an INC, you may be trying to obtain an Employer Identification Number known as an EIN.
If the entity has just been created, your US agent may be trying to obtain an EIN electronically for you. The electronic method requires you to have a US tax identification number (personally) - normally this is an SSN for US persons or an ITIN for a non US person.
How can I get an ITIN so I can obtain an EIN?
Unfortunately, like 99% of the people who contact us, you will be in a catch 22 situation. If all you have is a US entity with no EIN (and you personally do not have any US income or a US mortgage), you cannot obtain an EIN electronically or obtain an ITIN before the EIN.
This is because ITIN applications are issued for personal tax filing purposes and limited exceptions to filing a personal tax return. Under the exceptions, you can apply for an ITIN if you have an entity (using fixed documentation) BUT the entity has to have an EIN!
How can I obtain an EIN if I don't have an ITIN?
You will have to paper file the application (Form SS-4) and fax or mail it to the EIN office. You WILL NOT be able to obtain it electronically. This method means, it will take much longer to obtain and in Covid times, you are looking at 2 to 3 months before the paperwork arrives.
Once received, you can then apply for an ITIN. Again, in Covid times you are looking at up to 4 months for this to be received.
The delays at the IRS are currently lengthy. Both for paper filings and on the phone.
Just Breve can answer any questions related to your EIN conundrum - feel free to get in touch and we will be happy to assist and advise. Your US agent may not be aware that they have to paper file the application.
T: 0208 1444632
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