To obtain EIN for New Jersey 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 New Jersey. 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.
On this page, you’ll learn about the following:
- What is a Foreign Limited Liability Company?
- What is an EIN (Employer Identification Number)?
- EIN for a Foreign Entity or Foreign LLC
- Restriction In Business For Foreign Entities In New Jersey
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 Jersey 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:
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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
- 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
- Ways to apply for EIN New Jersey–
- 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 Jersey
According to the LLC Act, a foreign LLC can transact its business in New Jersey after it has registered itself with the state of New Jersey.
Transacting Business in the State of New Jersey
The LLCs are also subject to different taxes after their incorporation. According to state rules, Foreign LLCs must collect state sales taxes in their home state. To be liable to collect state sales tax on sales to its residents in New Jersey, the company must have a physical presence in—or a connection with—the state. If a foreign LLC opens a store, an office, or a warehouse in New Jersey, or hires a sales representative there, it is regarded to have a physical presence in the state.
Registering The Business
The New Jersey Foreign LLC must file a New Jersey Registration Application with the New Jersey Secretary of State, Business Registration Application, to register a foreign corporation in New Jersey.
The New Jersey Department of Treasury requires a certificate of good standing or its equivalent from the home state in order to approve a foreign qualifying application. The foreign entity must also appoint a registered agent in New Jersey on file at all times. Every year, all New Jersey companies, LLCs, charities, LPs, and LLPs are obliged to file an annual report with the state of New Jersey.
Effect Of Non-Registration
If the Foreign LLC is not registered with the Secretary of State in New Jersey, the company LLC will not be authorized to file a lawsuit in the state to collect debts. Because a foreign limited liability corporation conducts business in this state without a declaration of a foreign qualification, a member or agent of the foreign LLC is not liable for the foreign LLC’s debts, obligations, or other liabilities.
The lack of a legitimate claim, on the other hand, has no influence on such LLC’s activities (such as contracting) or capacity to defend a lawsuit in state court.
New Jersey Deceptive Trade Act
New Jersey does not follow the Uniform Deceptive Commercial Practices Act when it comes to regulating business practices. Any conduct in connection with the sale or advertisement of any item or real estate with the intent to deceive others into relying on it shall be penalized. The Attorney General can prosecute violators of any of the provisions of this Law. Private parties who have been harmed by fraudulent corporate activities can sue for monetary compensation.
How Fast Can You Obtain EIN for Foreign LLC in New Jersey
An EIN for foreign LLC in New Jersey can be obtained by immediately if applying online and by mail or fax it may take up to 1 week.
When you want to start a new business, you need a tax-exempt identification number, or EIN. An EIN is an essential document for conducting business and opening a bank account. This number is also used to report taxes to the state and IRS. An EIN is required in New Jersey.
To obtain an EIN, you must register with the New Jersey Division of Revenue. If you have no tax nexus in the state, you may need to register with the Division of Revenue instead of the state’s business registration agency. Once you have your EIN, you’ll be able to start doing business in New Jersey.
When forming an LLC, it is important to follow all applicable state rules. If you are registering your business in another state, you’ll need to obtain a certificate of authority from that state. New Jersey does not recognize the Uniform Deceptive Commercial Practices Act, but it does have its own laws regarding fraud. The Attorney General of New Jersey has the power to prosecute violators. In addition, private parties may file lawsuits against a corporation if they believe that it misrepresented its financial situation.
When forming an LLC in New Jersey, you’ll need to file a certificate of formation. You’ll also need to choose a name. Make sure to choose a name that is unique and that does not already exist in the state. It’s also important to remember that all New Jersey LLCs must file annual reports.
Obtaining an EIN is easy and quick. You can complete the process online or mail in your documents. If you’re filing by mail, you’ll need to wait for a few days. Once your EIN is approved, you can then start doing business in New Jersey.
You can file your new LLC either on paper or online. The online process should take less than 15 minutes. If you file by mail, you’ll need to mail the paper certificate that you received from your home state. This document is important because it will be published in the state and will become a public record.
Before a foreign LLC can begin doing business in New Jersey, it must have a registered agent. It’s important to have a registered agent because this individual or company will receive legal mail on behalf of the company. The registered agent is responsible for filing annual reports with the state of New Jersey.
When forming a limited liability company, choose a name that is unique in New Jersey. This will ensure that other businesses in the state aren’t using the same name. Using a New Jersey business search page can help you find names without duplication. Additionally, some words or phrases require special licensing or approval from a state agency.
Once you have a business name, you must check it against trademark availability. If your name contains words like “university,” “bank,” or “FBI,” you’ll need to submit additional paperwork. In some cases, you may have to hire a licensed professional to consult about the name you’re considering.
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.
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.
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.
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.
Obtaining EIN for any New Jersey 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.