EIN for New Hampshire Foreign LLC – Obtaining EIN For Foreign Entity


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To obtain EIN for New Hampshire 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 New Hampshire 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 New Hampshire 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 New Hampshire– 
    • 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 New Hampshire

According to New Hampshire’s LLC Act, for a foreign LLC to conduct its business operations in the State of New Hampshire, it must foremostly register itself with the New Hampshire Secretary of State Office.

Transacting Business In The State of New Hampshire

After the incorporation of LLCs, the subject of taxation must be addressed. According to state rules, foreign LLCs must collect state sales taxes in their home state. For the business LLC to collect taxes on sales to its residents in New Hampshire, it must have a physical presence in—or a connection with—the State. A foreign LLC is regarded to have a physical presence in New Hampshire in cases, such as if it opens a store, an office, or a warehouse there, or if it hires a salesperson there.

Registering The Business

The foreign business LLC must file a New Hampshire Application for Certificate of Authority with the New Hampshire Department of State, Corporation Division, to register their foreign corporation.

The Secretary of State Office requires a Certificate of Good Standing or Existence from the home state to approve a foreign qualification application. The foreign LLC must also hire a registered agent in New Hampshire to act as their official communicator in the State.

Effect Of Non-Registration

  • Such a foreign LLC that does business in this State without being registered is accountable to the State for the years or portions of the year it did business without being registered.
  • The foreign LLC shall be barred from bringing any action, suit, or proceeding in the State until it has registered and paid all fees for the time it performed business in the State without being registered.
  • Under the terms of this section, the attorney general may file a lawsuit to recover any sums owed to the State.
  • However, failing to register the LLC does not invalidate its contracts or prohibit it from defending a lawsuit in New Hampshire.
  • Under the terms of this section, the attorney general may file a lawsuit to recover any sums owed to the State.

New Hampshire Deceptive Trade Act

New Hampshire’s State laws ban a wide range of deceptive trade activities by business entities. State laws ban false advertising, passing off second-hand products as new, and other deceptive trade activities. Such acts to promote products or services and do not sell them as advertised are considered to be in violation of State laws.

The Attorney General can enforce a legal action on behalf of the State against anybody who engages in trade or commerce that is prohibited by this chapter.

How Fast Can You Obtain EIN for Foreign LLC in New Hampshire

If you’re thinking of forming a foreign LLC in New Hampshire, you will have to apply for an Employer Identification Number (EIN). Essentially, an EIN is a business social security number. Without an EIN, you cannot open a bank account, hire employees, or file taxes with the Internal Revenue Service. Luckily, obtaining an EIN for your business is not as difficult as getting a social security number for yourself! There are several online resources that can help you with this process.

Before you file for an EIN, you must determine if the name you choose is already taken. This is easy to do, as most companies prefer to use a website address that matches the company name. Depending on the name you choose, you may need to file additional paperwork, including an operating agreement, which should contain the words Limited Liability Company and the state in which you’re doing business.

The EIN for a foreign LLC in New Hampshire can be obtained within a couple of days. You’ll need to complete an Application for Foreign Limited Liability Company Registration (APP-FLL), and provide a certificate of existence from your home state. You’ll also need to register a registered agent in New Hampshire to represent your business. The filing fee is $100. If you’re considering opening an LLC outside of New Hampshire, make sure to research all of the local and federal requirements before you begin.

FAQ

How to obtain EIN for foreign LLC in New Hampshire?

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 New Hampshire 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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