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Form a US LLC Without SSN or ITIN
Updated: Oct 6
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Why you don't need an SSN or ITIN to form a US LLC
As an Enrolled Agent, I often hear from founders around the world who want a US company but have neither a Social Security Number (SSN) nor an Individual Taxpayer Identification Number (ITIN). Neither is required. States do not ask for a tax ID number to form a Limited Liability Company (LLC), and the IRS issues an Employer Identification Number (EIN) to a company whose responsible party has no SSN or ITIN through Form SS-4. Non-US residents get the same limited liability protection as anyone else.
For example, a consultant in Germany with no US ID number can form an LLC in the state he chooses and obtain an EIN by fax or phone, entirely from abroad.
Understanding these steps is crucial because they eliminate common barriers faced by international entrepreneurs looking to establish a U.S.-based business entity. By following the right procedures, you can protect your personal assets and start conducting business in the United States without needing an SSN or ITIN.
Choosing a state and registered agent
When forming a US LLC as a non-resident, one of the first decisions is the state. Each state has its own fees and annual requirements. Delaware is the standard for companies that plan to raise venture capital and charges LLCs a flat $300 a year. Wyoming is the usual low-cost choice: a $100 filing fee, a $60 minimum annual report and no state income tax.
For example, a UK entrepreneur starting an e-commerce company with no US office and no plans to raise US venture capital will usually find Wyoming cheaper to keep. Delaware is the better choice if investors are in the plan. The state you choose does not change your federal filings. See the full comparison.
Once you've chosen a state, you'll also need to appoint a registered agent there. A registered agent is responsible for receiving official documents like lawsuits or tax notices on behalf of your LLC. This requirement ensures that your company always has an official address within the state where it’s incorporated. Many non-US residents choose to hire a professional service provider to handle this role, as these providers are familiar with local laws and can offer additional support.
For instance, if you're based in Canada and decide to form your LLC in Delaware, hiring a reputable registered agent service ensures that all legal and administrative requirements are met seamlessly. This setup not only simplifies the process but also adds an extra layer of professionalism to your business operations from day one.
Filing the Articles of Organization as a non-resident
After selecting your state and appointing a registered agent, the next step is filing the Articles of Organization with the Secretary of State or equivalent office in your chosen jurisdiction. This document legally establishes your LLC and includes basic information such as the name, address, and purpose of your business.
For example, an Australian entrepreneur forming an LLC in Wyoming files the Articles of Organization online through the Secretary of State's website. The filing asks for the company name, the registered agent and the organizer's details. It does not ask for an SSN or ITIN.
It’s important to ensure that all information is accurate and up-to-date since any discrepancies could delay the formation process. Additionally, many states offer expedited service for a fee if you need your LLC established quickly. This can be particularly useful if you're planning immediate business operations in the U.S.
Once your Articles of Organization are filed and accepted, you'll receive confirmation from the state that your LLC is officially registered. At this point, you’re well on your way to establishing a solid foundation for conducting business within the United States.
Getting an EIN via Form SS-4 as a responsible party with no SSN
After forming your US LLC, obtaining an Employer Identification Number (EIN) becomes crucial for opening bank accounts and dealing with tax authorities. One thing to get right up front: the IRS online EIN application is not available to a responsible party who has neither an SSN nor an ITIN. The online tool asks for the responsible party's Social Security Number or Individual Taxpayer Identification Number, and without one of those, the application cannot proceed. A foreign passport does not substitute for a tax ID number in the online system.
Instead, a foreign founder applies with Form SS-4, Application for Employer Identification Number, submitted by fax or mail. On line 7b, where the form asks for the responsible party's SSN, ITIN, or EIN, you write "Foreign." You complete the rest of the form with your name as responsible party, your foreign address, and your LLC's information. If you fax the form and include a return fax number, the IRS typically faxes the EIN back in about four business days. Mailing the form takes several weeks.
Tool we use: Form SS-4 is a fillable IRS PDF. pdfFiller lets you fill it in and sign it in your browser before you fax or mail it. See pdfFiller → (Affiliate link: we may earn a commission at no extra cost to you.)
There is also a phone option. The IRS allows international applicants to apply for an EIN by phone and, in most cases, receive the number during the call. The IRS representative walks through the SS-4 questions with you and may ask you to fax or mail the signed form afterward. For many foreign founders, the phone route or the fax route is the fastest legitimate path.
Having an EIN is essential because it allows you to open a U.S. bank account and conduct financial transactions legally. This step ensures that your LLC can operate smoothly without any legal or regulatory hiccups related to identification requirements.
The process of forming a US LLC and obtaining an EIN as a non-US person has two separate timelines. First, the state: filing the Articles of Organization and getting state approval can take anywhere from a few days to a couple of weeks, depending on the state and whether you pay for expedited processing. Second, the EIN: because the online application is not available without an SSN or ITIN, the timing depends on how you file Form SS-4. Fax typically returns the EIN in about four business days, mail takes several weeks, and international applicants applying by phone can often receive the EIN during the call. A realistic end-to-end range is a few weeks in most cases, longer if you rely on mail. Plan ahead and build in margin for unexpected delays rather than counting on same-day results.
It’s important to plan ahead and allow extra time for any unexpected issues that may arise during the process. By staying organized and proactive, you can ensure a smoother transition into operating your business legally within the United States.
What to do the moment you have your EIN
Once you receive your Employer Identification Number (EIN), there are several important steps to take right away. First, use this number to open a U.S.-based bank account for your LLC. This is crucial because it allows you to manage business finances separately from personal ones and facilitates transactions within the country.
A single-member LLC is a disregarded entity by default, and most foreign founders keep it that way. If you want the LLC taxed as a corporation instead, you file Form 8832. The election can take effect up to 75 days before the date you file it, so the decision does not have to be made on day one, but it changes every filing that follows and should be discussed with an advisor first.
Another key step is the paperwork that keeps the company usable: sign an operating agreement (banks ask for it), keep the stamped Articles and the EIN confirmation letter (CP-575) together, and put the annual Form 5472 and pro forma Form 1120 on your calendar. A foreign-owned single-member LLC files them for each year it has transactions with its owner, and the penalty for missing them is $25,000. How Form 5472 works.
Taking these steps promptly helps secure your business operations and sets up proper financial management from day one. It also positions you to comply with all necessary regulatory requirements without delay, ensuring smooth sailing as you grow your U.S.-based enterprise.
Frequently Asked Questions
Can I form a US LLC without an SSN or ITIN?
Yes. LLC formation is governed by state law, and states do not require a Social Security Number on the Articles of Organization. You need a registered agent in the state and a completed state filing. The SSN question only becomes relevant later, at the EIN step and when personal US tax filings come due.
Do I need an ITIN to get an EIN?
No. Your LLC's EIN can be obtained with Form SS-4 by fax or mail, or by phone as an international applicant, with "Foreign" written on line 7b for the responsible party. An ITIN is a personal tax number, applied for separately with Form W-7, and you may need one if you have a personal US filing obligation, but it is not a prerequisite for the business EIN.
Can I apply for an EIN online without an SSN?
No. The IRS online EIN application requires the responsible party to have a valid SSN or ITIN, and it cannot be completed without one. A founder with neither uses Form SS-4 by fax or mail, or applies by phone as an international applicant.
Which state should a non-resident choose?
It depends on your facts. If you will actually operate in a particular state, forming there is usually the practical choice. If the business has no physical US presence, non-residents often choose states known for simple, low-maintenance LLC administration, such as Wyoming, Delaware, or New Mexico. State choice affects annual report requirements, fees, and possible state tax exposure, so it is worth getting advice before filing.
How long does the whole process take?
State formation approval can take a few days to a couple of weeks depending on the state. The EIN then takes about four business days by fax, several weeks by mail, or can often be issued during the call for international applicants applying by phone. In most cases the realistic total is a few weeks, not days.
Related Reading
Talk to an Enrolled Agent
This article is general information, not individual tax advice. If you want to talk through your specific situation, book your free review, or call or text (323) 900-0305.
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