To obtain EIN for Oregon 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 Oregon 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 Oregon
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 Oregon 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 Oregon–
- 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 Oregon
In Oregon, for a foreign LLC, there are some rules. In order to start your business as a foreign entity in Oregon, you have to follow these general guidelines. Before you head to transact your business as a foreign entity in Oregon, here are some important points to note,
Transacting Business In Oregon
To transact business in Oregon, one has to register their foreign LLC with the Oregon Secretary of State. After that, they can transact their business in the said state. After registration, the state sales tax needs to be paid. That will be possible if the LLCs meet certain requirements. The requirements are as follows,
- A physical street address of the business in Oregon
- A warehouse and/or a store in Oregon
- A registered office in Oregon
- A representative for sales in Oregon
Any foreign LLC, willing to transact business in Oregon, has to meet these requirements. Basically, the foreign entity has to have an existence in Oregon to transact business in the state.
Registering The Business
To register the Oregon foreign LLC with the Secretary of State, one has to produce the Application for Authority to Transact Business — Foreign Limited Liability Company. This application is mandatory to transact business in Oregon as a foreign entity. It needs certain details about your business. The application of authority is a similar document like articles of organization in the formation state. The details LLCs need to provide the application of authority are,
- The name of your LLC in the home state
- The name of your LLC in Oregon (if different)
- Home state name
- Date of the LLC formation in the home state
- Duration of the LLC
- The statement that states the requirements for ORS 63.714(3) are completed.
- Name and address of the registered agent in Oregon
- Authorized signature
- Address of the LLC’s principal place of business
- Address of the office where Secretary of State sends legal documents
These details should be submitted in the application to register your foreign LLC in Oregon.
Effect Of Non-Registration
Foreign LLCs that do not register or have authority in transacting business in Oregon are prohibited from bringing up any lawsuit to the state court. They can defend but cannot bring a lawsuit if not authorized in the state. On the other side, the members are not liable for any debt of the LLC in Oregon even when it is not registered or authorized.
Oregon Deceptive Trade Practices Act
In Oregon, like any other state, there are some major restrictions in transacting certain kinds of activities. One of them is a deceptive trade practice. Any company/business that puts up a false advertisement or misinformation about the product/services will be considered under this act. If your business is involved in selling damaged or old products by misleading customers, then also, it will be considered a crime under this act. In Oregon, involvement in such deceptive trade practices may bring a penalty of up to $200 or the cost of damage whichever is greater.
How Fast Can You Obtain EIN for Foreign LLC in Oregon
An EIN for foreign LLC in Oregon can be obtained by immediately if applying online and by mail or fax it may take up to 1 week.
If you’re setting up a business in Oregon, you’ll want to know how fast you can obtain an EIN for your Foreign LLC. The process is simple and free, and it involves filling out a short form and waiting for a response. Once your EIN is issued, you can use it to file federal taxes and open a bank account. It’s best to have an operating agreement in place before you file, but this is optional. If you don’t, you can still apply for an EIN in Oregon without one.
You can also renew your EIN for your Foreign LLC in Oregon for $275. However, you should remember that foreign LLCs do not have the authority to sue in Oregon. Only members can sue on behalf of the company in Oregon. Therefore, it is important to obtain this license before you start doing business in Oregon.
It’s important to understand that an EIN acts like a social security number for a business. This nine-digit number is issued by the Internal Revenue Service (IRS) and makes it easy to file tax returns with the IRS. It also helps the IRS supervise your business’ finances.
An EIN also allows you to set up separate business accounts. It makes it easier to sort out taxes, as you won’t be mixing up your personal and business funds. Furthermore, it also protects your assets in the event of a lawsuit. It’s a crucial part of the corporate veil, which helps differentiate the members of a business from its owners.
If you need to register your Foreign LLC in Oregon, you can do so by filling out the Application for Authority to Transact Business (AATB) and paying the $275 registration fee. You may also need to acquire various permits to conduct business in the state. You will also need a business name that contains the words “limited liability company” or an abbreviation of that term. Then, you’ll have to choose a registered agent. This service costs around $50 to $300 and can be done online.
The processing time for an LLC filing in Oregon varies based on the state. If you choose to file an LLC in Oregon through the mail, the process will take 5-7 business days. That time does not include the time needed for the state to review the filing.
Once your business is registered, you will have to choose a registered agent. This person will act as the company’s registered agent, accepting and submitting important legal documents on its behalf. Your registered agent will also act as the point of contact between the state and your business.
Your business name is the most important aspect of an LLC’s identity. The name you choose should be memorable, unique, and easily recognizable. It should fit your business, brand, and industry. It is also important to name the registered agent, who will serve as your company’s contact with the state government. Additionally, he or she will receive any legal notices and notifications on your behalf.
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 Oregon 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.