To obtain EIN for New York 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 York 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.
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 York
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 York 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 York–
- Online – An EIN can be obtained by applying online on the IRS website.
Restriction In Business For Foreign Entities In New York
If a foreign business LLC wants to start its business operations in the State of New York, it must foremostly register itself with New York.
Transacting Business In The State Of New York
After incorporating LLC in New York, its taxation obligations should also be clarified. 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, the foreign LLC 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 York, or hires a sales representative there, it is regarded to have a physical presence there.
Registering The Business
Section 1304 of the Business Company Law allows a foreign business corporation to seek authorization to do business in New York by filing an Application for Authority.
The New York State Department of State requires a certificate of good standing or equivalent from the home state to approve a foreign qualification application. The foreign entity must designate and keep a registered agent in New York on file at all times. A New York Secretary of State can be nominated as Registered Agent. All corporations and limited liability companies in New York must file a New York Biennial Report every other year.
Effect Of Non-Registration
If the Foreign LLC is not registered with the New York Secretary of State, it shall lose its right to initiate a lawsuit to recover debts in the state. However, the lack of a certificate of authority has no bearing on your LLC’s contracts or its ability to defend a case in New York.
Also, because the LLC is conducting or has done business in New York without a certificate of authority, a member of management of the LLC is not accountable for the LLC’s contractual commitments or other liabilities.
New York Deceptive Trade Act
New York General Business Legislation regulates deceptive activities and practices. Accordingly, it is illegal for business entities to make misleading advertising in the conduct of their business and trade activities in New York. An Attorney General has the authority to file a lawsuit against any person, company, corporation, or agency who violates any of the requirements of this Article and is entitled to damages.
How Fast Can You Obtain EIN for Foreign LLC in New York
If you’re looking for an EIN for a foreign LLC, you’ve probably wondered how quickly you can get one. If you’re wondering how long it takes to get an EIN, there are three main ways to obtain one. Either way, the application process takes just 15 minutes and can be completed online. The IRS faxes the EIN to you within four days, though it may take up to six weeks if you apply by mail.
The first step is to choose a state in which to form an LLC. If you plan to operate your business in a state with no residency requirements, you can form a foreign LLC. If you don’t want to register your business in that state, you can file a non-resident LLC in the state where you live. The state where you intend to operate will determine whether you have to register your foreign LLC with the state’s Department of State.
Once you have selected your state of operation, the next step is to obtain your EIN. A foreign EIN is usually necessary for starting a business in the United States. A foreign EIN can be difficult to obtain, but it is necessary to start your business in the United States. You can obtain your EIN with a gold or platinum package from a reputable service like Incfile.
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 York 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.