The EIN is the master key to your US business. Without it, no US bank, no Stripe, no Amazon, no PayPal, no tax compliance. For Indian founders without an SSN, getting an EIN is the most common bottleneck in the entire LLC formation process. This guide walks through the exact process to apply, including the form, the fax, and the typical timeline.
Total time from application to received EIN: 7-21 business days through fax (the standard method for foreign founders). Some authorised tax professionals can obtain it faster.
What's covered
What an EIN is and why you need it
The Employer Identification Number is a unique 9-digit number issued by the Internal Revenue Service to identify business entities for tax purposes. Format: XX-XXXXXXX. It's the business equivalent of an SSN.
You need an EIN for almost everything practical you'll want to do with your US LLC:
- Open a US business bank account at Mercury, Wise, Relay, or any traditional US bank
- Apply for Stripe, PayPal, or other US payment processors
- File any IRS form, including the mandatory Form 5472 / pro forma 1120
- Apply to sell on Amazon US, Shopify Payments, or other US marketplaces
- Sign US business contracts that require federal tax ID
- Hire US contractors and issue them 1099s
Why you can't use the IRS online portal
The IRS provides an online EIN application at irs.gov that issues an EIN within minutes. However, the online system requires the "responsible party" of the entity to have one of the following:
- Social Security Number (SSN)
- Individual Taxpayer Identification Number (ITIN)
- Existing EIN from a different entity
Indian residents who have never lived in the US typically have none of these. The online portal will reject your application before you even submit it. The system isn't designed for foreign founders, which is why fax remains the standard method.
Some founders try to work around this by listing a US-citizen friend or family member as the responsible party. Don't do this. The responsible party has legal accountability for the entity's tax matters. Listing someone who isn't actually responsible exposes them to liability and exposes you to fraud risk if the IRS audits later.
Form SS-4 walkthrough, line by line
Form SS-4 (Application for Employer Identification Number) is two pages. The fields that matter for foreign founders:
Line 1: Legal name of entity
The exact LLC name as it appears on your Articles of Organisation. Include "LLC" at the end.
Line 2: Trade name (if different)
Leave blank unless your LLC operates under a different brand name.
Line 3: Executor, administrator, trustee, "care of" name
Leave blank for a standard LLC.
Lines 4a/4b: Mailing address
Use your registered agent's address in the US state of formation. The EIN confirmation letter will be mailed here. Some agents will scan and email it to you; others will forward physical mail. Confirm with your agent before applying.
Lines 5a/5b: Street address (if different)
Same as 4a/4b for most founders.
Line 6: County and state where principal business is located
The state of LLC formation (e.g., "New Castle County, Delaware" or "Albany County, Wyoming"). Use your registered agent's actual location.
Line 7a: Name of responsible party
Your full legal name as it appears on your passport.
Line 7b: SSN, ITIN, or EIN of responsible party
This is the critical line. Write "Foreign" in this field. The IRS accepts this for non-US founders. Some applicants worry this will cause rejection. It won't. This is the established convention.
Line 8a: Is this application for a limited liability company (LLC)?
Tick "Yes".
Line 8b: If yes, enter number of LLC members
Enter "1" for a single-member LLC (most common for Indian founders).
Line 8c: If 8a is yes, was the LLC organised in the United States?
Tick "Yes".
Line 9a: Type of entity
Tick "Other" and write "Foreign-owned U.S. Disregarded Entity" in the space provided. This is the technical IRS classification for a single-member LLC owned by a foreign individual.
Line 10: Reason for applying
Tick "Started new business" and specify "LLC formation" in the type field.
Line 11: Date business started or acquired
The date your Articles of Organisation were filed and accepted by the state.
Line 12: Closing month of accounting year
December (calendar year) is the default. Most LLCs use this. Only deviate if you have a specific reason.
Lines 13-17: Employee information
For a new LLC with no employees, write "0" in the highest expected number field and leave the others blank or write "N/A".
Line 18: Has the applicant entity ever applied for an EIN?
Tick "No" if this is your first time. If you've applied before for the same entity, list the previous EIN.
Signature block
Sign by hand. Print your name and title (e.g., "Single Member"). Date it. Provide a phone number with country code. The phone number should be reachable, since the IRS occasionally calls to verify information.
How to submit by fax from India
Once Form SS-4 is complete, you have three submission options:
- Fax (recommended). Fax to the IRS international applicant fax line. Confirm the current number on the IRS website (it occasionally changes). Use a service like eFax or HelloFax if you don't have a physical fax. Cost: $5-10. Delivery confirmation is provided.
- Mail. Send the signed Form SS-4 to the IRS via international post. Address: Internal Revenue Service, EIN International Operations, Cincinnati, OH 45999. Slow (4-6 weeks) and no tracking unless you pay for international tracked mail.
- Through a tax professional with CAF authorisation. Some US tax professionals can call the IRS directly and obtain an EIN over the phone, with proper authorisation from you. Fastest method (often same-day or next-day). Requires Form 8821 or Form 2848 to authorise.
Always keep your fax confirmation page or mail tracking number. If the IRS later disputes whether your application was received, this is the only evidence that helps.
What to expect after submission
Here's the typical timeline from fax submission to operational EIN:
- Days 1-7: IRS receives the fax and queues it for processing
- Days 7-14: An IRS agent reviews your Form SS-4 and assigns an EIN. The CP 575 confirmation letter is generated and mailed to your registered agent address.
- Days 14-21: Letter arrives at your registered agent. Most agents scan and email it within 24 hours of receipt.
- Day 21+: You have your EIN and can proceed to bank account opening, payment processor applications, and tax compliance.
During peak IRS season (March-April and September-October), expect the longer end of these ranges. Off-season applications (May-August, November-February) often complete in the 7-14 day window.
Common rejection reasons and how to fix them
About 10-15% of foreign-applicant Form SS-4 submissions are rejected on first attempt. The most common reasons:
- Illegible fax. Old fax machines and bad scanners produce unreadable forms. Use clear digital scans through a service like eFax. Print Form SS-4 fresh and write clearly with a black pen.
- Missing signature. Yes, this is common. Before sending, double-check the signature block is signed and dated.
- Mismatched LLC name. The name on Form SS-4 must match the Articles of Organisation exactly. Even minor variations like "Inc" vs "LLC" or different capitalisation cause issues.
- Line 7b blank instead of "Foreign". If you leave 7b empty, the IRS may reject because they need some indication of why no SSN/ITIN is provided. "Foreign" is the established response.
- Wrong entity type on Line 9a. Selecting "LLC" instead of "Other / Foreign-owned U.S. Disregarded Entity" causes confusion. Always use "Other" with the specific designation.
If your application is rejected, the IRS sends a letter (or fax confirmation) explaining the issue. Fix the specific issue and resubmit. Don't start over with a new application. That creates duplicate records.
Need help getting your EIN?
We handle the full EIN application process for Indian founders, typically obtaining your EIN within 7-14 days. Included as part of our LLC formation package.