EIN for Georgia Foreign LLC – How to Obtain EIN For Foreign Entity


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To obtain EIN for Georgia 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 LLC in Georgia. 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 Georgia 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 Georgia– 
    • 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 Georgia

In Georgia, businesses have to follow some guidelines while forming a foreign LLC. These rules are applicable for all foreign LLCs. Here are some things to know before you form a foreign LLC in Georgia,

Transacting Business In The State of Georgia

As a part of the business operations, the LLCs are also required to collect state Sales taxes. The State regulations determine whether foreign enterprises are required to collect state sales taxes in their home state. An obligation to collect the state sales tax on sales to residents of that state arises when a business enterprise has a physical presence or a similar nexus in the state, such as establishing a store, an office, or a warehouse or employing a sales representative in Georgia. 

Registering The Business in Georgia

The Foreign Business LLCs must file a Georgia Application for Certificate of Authority for Foreign Limited Liability Company with the Secretary of State Office of Georgia, Corporations Division, in order to register a foreign LLC in Georgia. This document can be sent or delivered in person. 

Effect Of Not Registering Your Business

If a foreign LLC is not registered under Georgia Law, it shall face the following consequences:

  • Such a business LLC shall lose its right to sue in any of the state’s courts.
  • The non-registered LLC will also be responsible for all fees it should have paid if it had been legally registered, as well as a $500 penalty.
  • The state may also take action to prevent your LLC from conducting business in Georgia in the future.
  • However, not being registered does not render such LLC’s contractual obligations null and void, nor does it preclude it from defending a case in Georgia in case of a dispute.

Deceptive Trade Practices

Georgia follows the Uniform Deceptive Trade Practices Act, which is currently recognized by the majority of states. False advertising is prohibited under Georgia’s deceptive trade practices law, which makes it a misdemeanor and allows victims to sue for damages.

Georgia’s Fair Business Practices Act, which largely pertains to consumer transactions, contains many of the applicable rules and regulations. Consumer complaints are investigated and the law is enforced by the Governor’s Office of Consumer Protection.

How Fast Can You Obtain EIN for Foreign LLC in Georgia

An EIN for foreign LLC in Georgia can be obtained by immediately if applying online and by mail or fax it may take up to 1 week.

An EIN is the identification number issued by the IRS to businesses. You can obtain an EIN online or in person. You may also apply by mail or fax. In most cases, an EIN can be obtained within a few days. To find out how fast you can obtain an EIN, check the IRS website.

To obtain an EIN in Georgia, the first step is to register the company with the Secretary of State. A foreign LLC must obtain a certificate of organization before they can start doing business in the state. To obtain this certificate, they must file an Application for Certificate of Authority. Once the company has filed for the certificate, they must maintain a registered agent in Georgia.

An EIN is also required to hire employees. It allows the LLC to keep track of employees’ payroll taxes. It also protects the members’ assets in the event of a lawsuit. It is a crucial piece of the corporate veil. Therefore, obtaining an EIN is important for your LLC.

The next step in the process of forming an LLC is drafting an operating agreement. This legal document will outline the structure and operations of your LLC. It should be comprehensive so that all the owners understand the operation of the business. This will prevent conflict in the future. A legal operating agreement must be signed by all members of the LLC. Some states require that the operating agreement be notarized.

You should be aware that foreign LLCs are not exempt from filing federal income taxes. You must also file a federal employer identification number if your LLC has employees. The Georgia Department of Revenue and the Georgia Tax Center are the places to file such documents. There is also an annual report filing fee. The fee is $50 online or $60 via regular mail.

Forming an LLC in Georgia requires drafting an operating agreement. An operating agreement is a document that details the structure of the company. It also authorizes your LLC to operate in Georgia. You can file these documents online or by mail. These documents cost approximately $100. It is important to remember that the documents you submit for the EIN must be signed by the organizer of the LLC.

Regardless of whether you want to create a foreign LLC or a domestic one, you need to name it in order to be legally recognized. The name of the company will be used for official mail and legal papers. It will also be used for service of process.

Once you’ve filed your documents and have chosen a registered agent, the next step is to register your company with the state. You can also file for a Georgia business license if you’re operating in a professional industry.

FAQ

How to obtain EIN for foreign LLC in Georgia?

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.

In Conclusion

Obtaining EIN for any Georgia 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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