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


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To obtain EIN for Wyoming 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 Wyoming 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 Wyoming 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 Wyoming– 
    • 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 Wyoming

According to Wyoming Law, foreign LLC must register their foreign corporation with Wyoming if they are transacting their business operations in Wyoming.

Transacting Business In Wyoming

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. To be liable to collect state sales tax on sales to its residents, a company must have a physical presence in—or a connection with—the state. For example, owning a physical store, an office, or a warehouse in Wyoming or hiring a sales representative shall constitute a physical presence of the business LLC in Wyoming.

Registering The Business

The foreign business LLC must file an Application for Certificate of Authority with the Wyoming Secretary of State to register a foreign LLC in Wyoming.

The Wyoming Secretary of State requires a certificate of good standing or Certificate of Existence from the home state to approve a foreign qualification application. The Certificate should be issued within 60 days of the registration application date. Also, a foreign entity must designate a registered agent in Wyoming on file who shall deal with all the official paperwork with the Secretary of State’s office.

Effect Of Non-Registration

Upon non-registration, the Wyoming foreign LLC shall be liable to the following penalties and consequences:

  • Such a foreign LLC shall not be permitted to bring an action or suit or maintain proceedings in the State’s Court of Law.
  • In addition, the LLC will be responsible for all fees and licensing taxes it should have paid if it had been registered, plus 18% interest on the amount and a $5,000 penalty, in addition to other civil penalties.
  • Nevertheless, the failure on the part of foreign LLC to register in this state does not influence the legitimacy of any contract or corporate acts of the corporation, nor does it prevent the corporation from defending their interests arising in any action, suit, or process brought in this state’s courts.

Wyoming Consumer Protection Act

The Consumer Protection Act protects consumers in Wyoming from unfair and misleading sales and business practices such as making false assertions about an item’s source, origin, or sponsorship; false representations, etc., which are considered as deceptive commercial activities and are illegal under Wyoming law.

The Consumer Protection Unit under the Wyoming Attorney General is in charge of implementing these laws on behalf of the state. Consumers who have suffered harm by unfair or deceptive commercial conduct have the option of filing an individual complaint or joining a class action case. The courts can award the successful litigants reasonable attorney’s fees.

How Fast Can You Obtain EIN for Foreign LLC in Wyoming

If you are forming a Foreign LLC in Wyoming, you can obtain an EIN quickly. The application process is simple, and the IRS will automatically populate some basic information – like the name and address. Once the application is submitted, you’ll receive notification online. The EIN is valid for four weeks. You’ll have to wait for approval from the Secretary of State, however. Otherwise, the EIN will be attached to a nonexistent LLC. If you have the patience to wait, you can cancel the EIN yourself without waiting for the cancellation to be processed by the IRS. Moreover, the application process is completely free. Neither the IRS nor the State of Wyoming charge you anything to apply for an EIN.

There are some requirements to meet before obtaining an EIN for a Foreign LLC in Wyoming. The first step involves selecting a responsible party for the LLC. You can be a third party designee or an affiliated party. You must specify the nature of the business or service provided. You should also choose a registered agent who can provide you with a Wyoming virtual office address. If you choose to work with an agent, the registration process is even faster and more convenient than you’d expect.

You should choose a name for your business. Select a name that you like, but be sure to check if it is available. The name of the business must be available for the URL, and the original founders must be willing to sell it to you. It is also important to choose a registered agent, since you’ll need someone to receive emails on your behalf. Choosing the right name for your business is essential to your success.

FAQ

How to obtain EIN for foreign LLC in Wyoming?

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 Wyoming 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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