How Does a Foreign Company Get a U.S. EIN? Form SS-4, Line by Line

Published 2026-10-11 · Laramie Ledger Tax

Can a foreign company get a U.S. EIN?

Yes. A company formed outside the United States can get an Employer Identification Number from the IRS on Form SS-4, without forming a U.S. LLC and without anyone having an SSN. The IRS’s own table on page 2 of Form SS-4 has a row for exactly this applicant: a foreign person that “needs an EIN to complete a Form W-8 (other than Form W-8ECI), avoid withholding on portfolio assets, or claim tax treaty benefits” (Form SS-4).

What a foreign company cannot use is the instant online application: “If you have NO legal residence, principal place of business, or principal office or agency in the United States or U.S. territories, you can’t use the online application to obtain an EIN” (Instructions for Form SS-4). You apply by phone, fax or mail instead, as set out below.

This page is for a company formed abroad (a UK Ltd, a GmbH, a Japanese KK and so on). If you own a U.S. LLC, the EIN belongs to the LLC, and that application is covered here.

Does my foreign company actually need an EIN?

Only if it has to show one somewhere. The rule on the form itself: “File Form SS-4 if the applicant entity doesn’t already have an EIN but is required to show an EIN on any return, statement, or other document” (Form SS-4). The usual reasons:

  • A treaty claim on Form W-8BEN-E without a home-country tax number. The W-8BEN-E instructions require a U.S. TIN on line 8 if you are “claiming benefits under an income tax treaty and have not provided a FTIN on line 9b,” with a list of income types where no TIN is needed at all (Instructions for Form W-8BEN-E). If the company enters its own foreign tax identification number on line 9b, that condition does not apply. Check that first: it may mean you need no EIN.
  • A U.S. tax return. A foreign corporation files Form 1120-F if it “is engaged in trade or business in the United States at any time during the taxable year or which has income which is subject to taxation” under the income tax rules (Treas. Reg. §1.6012-2(g)). A company that has to file needs an EIN to put on the return.
  • Starting a business in the United States. Form SS-4 has a separate path for this (“Started new business”), covered in the next section.
  • A U.S. bank, marketplace or customer that requires one. If a counterparty you deal with asks for the company’s EIN, the SS-4 is how you get it.

Having an EIN does not by itself create a filing requirement. Whether the company must file a U.S. return depends on what it does, under the regulation above.

Which reason do I check on line 10?

Pick the box that matches why you need the number; it also decides which lines you fill in. Line 10 accepts one box only: “Check only one box. Don’t enter ‘N/A.’ A selection is required” (Instructions for Form SS-4). The two that fit a foreign company, with the lines the IRS table on page 2 of the form says to complete:

Your situationLine 10 boxLines to complete (IRS table)
You need the EIN only for a Form W-8, a treaty claim, or to avoid withholding on portfolio assetsCompliance with IRS withholding regulations1–5b, 7a–b, 8a, 8b–c (if applicable), 9a, 9b (if applicable), 10, and 18
The company is starting a business in the United StatesStarted new business (and write the type of business)1, 2, 4a–8a, 8b–c (if applicable), 9a, 9b (if applicable), 10–14, and 16–18

The first path is shorter: lines 11 to 17 are not on its list.

How do I fill out Form SS-4 for a foreign company?

Line by line, following the Instructions for Form SS-4 (Rev. December 2025):

LineWhat to enter for a company formed abroad
1The company’s legal name “exactly as it appears on the … charter, or other applicable legal document”
2A trade name, only if it differs from line 1
4a–4bThe mailing address for IRS correspondence. Outside the U.S., “you must enter the city, province or state, postal code, and the name of the country. Don’t abbreviate the country name.”
5a–5bThe street address, if different from the mailing address
6“Enter the entity’s primary physical location”: for a company with no U.S. location, its city and country
7aThe responsible party: an individual, not a company. The instructions define this as “the person who ultimately owns or controls the entity or who exercises ultimate effective control over the entity”
7bThat person’s SSN or ITIN if they have one. Otherwise “Enter ‘foreign’ or N/A on line 7b if the responsible party doesn’t have and is ineligible to obtain an SSN or ITIN. An entry is required.”
8aThe form asks whether the applicant is an LLC “(or a foreign equivalent).” A company organized as a corporation under its home law answers No. If its legal form is closer to an LLC, the instructions point to Form 8832 and its instructions for “the rules for foreign entities” before you answer
9a“Corporation,” with “the income tax form number to be filed by the entity.” If the company will file a U.S. income tax return, that form is Form 1120-F. If it needs the EIN only for a Form W-8 and expects to file no U.S. return, the instructions do not say what to enter; get advice before you send the form, rather than writing in a return the company will not file
9b“If a corporation, name the state or foreign country”: enter the country where the company was incorporated
10See the table above
11Only on the “Started new business” path. “For foreign applicants, this is the date you began or acquired a business in the United States”
12The last month of the company’s accounting year
13The number of employees expected in the next 12 months, “including zero”
14Skip it if no employees are expected
16–17The principal activity. Line 17 is required: one line describing what the company does
18Whether the company has ever been issued an EIN before
Third Party DesigneeOptional. The designee can receive the EIN; their authority “terminates at the time the EIN is assigned and released,” and the EIN notice is still mailed to the company
SignatureFor a corporation, “the president, vice president, or other principal officer” signs. Add a fax number if you apply by fax

How do I send it: by phone, fax or mail?

All three routes are for applicants with no U.S. residence, place of business or office (IRS, Employer Identification Number; Instructions for Form SS-4):

  • Phone: 267-941-1099 (not toll-free), 6:00 a.m. to 11:00 p.m. Eastern time, Monday through Friday. “The person making the call must be authorized to receive the EIN and answer questions concerning Form SS-4,” so have the completed form in front of you.
  • Fax: 304-707-9471 from outside the United States, or 855-215-1627 from inside it. “Be sure to provide your fax number so the IRS can fax the EIN back to you.” The IRS notes these numbers “may change without notice.”
  • Mail: Internal Revenue Service, Attn: EIN International Operation, Cincinnati, OH 45999. “You will receive your EIN in the mail in approximately 4 weeks.”

The IRS also says you can apply for only one EIN per day, by any method.

What comes back, and what do I do with it?

The EIN, and later a mailed notice confirming it. By phone you get the number during the call; by fax it comes back to the fax number on the form; and the IRS mails an EIN notice to the company as well. Keep both with the company’s records.

If the EIN was for a Form W-8BEN-E, it goes on line 8. Which status the company claims on that form, such as active or passive non-financial foreign entity, is a separate step; W-8BEN vs W-8BEN-E explains which form applies.

Common mistakes

  • Trying the online application. It is closed to applicants with no U.S. residence, place of business or office.
  • Writing “foreign” on 7b for someone who has an ITIN or SSN. “Foreign” is only for a responsible party who “doesn’t have and is ineligible to obtain” one.
  • Leaving 7b blank or entering “N/A” on line 10. Both lines require an entry.
  • A name that does not match the company’s charter. Line 1 asks for the name exactly as it appears on the legal document.
  • Checking “Started new business” when the EIN is only for a Form W-8. That path asks for a U.S. start date (line 11) you may not have.

Can you prepare it for us?

Yes. We prepare Form SS-4 for companies formed abroad, send it to the IRS, and follow it up; because the reasons and the lines differ from company to company, we quote these case by case. Write to us with the company’s country, its legal form, and why it needs the EIN.

Sources

This article is general information, not tax or legal advice. IRS phone and fax numbers change; check the IRS EIN page before you send anything.

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Frequently Asked Questions

Can a foreign company get a U.S. EIN?
Yes. A company formed outside the United States applies on Form SS-4 by phone (267-941-1099), by fax (304-707-9471 from outside the U.S.) or by mail to the IRS EIN International Operation. It does not need a U.S. LLC, and its responsible party does not need an SSN. The online application is not available to applicants with no residence, place of business or office in the United States.
Does a foreign company need an EIN for Form W-8BEN-E?
Not always. The W-8BEN-E instructions require a U.S. TIN on line 8 when you are claiming treaty benefits and have not provided a foreign tax identification number on line 9b, and in a few other listed cases. A company that enters its home-country tax number on line 9b does not trigger that treaty condition.
What do I write on Form SS-4 line 7b if the director has no SSN or ITIN?
Enter “foreign” or “N/A.” The SS-4 instructions allow this only when the responsible party “doesn’t have and is ineligible to obtain an SSN or ITIN.” If the person has an SSN or ITIN, it must be entered. Line 7b cannot be left blank.
Which reason do I check on line 10 for a foreign company?
If the EIN is only for a Form W-8, a treaty claim or avoiding withholding on portfolio assets, check “Compliance with IRS withholding regulations.” If the company is starting a business in the United States, check “Started new business.” Only one box can be checked, and “N/A” is not accepted.
Does getting an EIN mean my foreign company must file a U.S. tax return?
No. The EIN identifies the company. Under Treas. Reg. §1.6012-2(g), a foreign corporation files Form 1120-F if it is engaged in a trade or business in the United States at any time during the year, or has income subject to U.S. income tax. That depends on what the company does, not on having the number.
How long does it take a foreign company to get an EIN?
By phone, the EIN can be assigned during the call. By mail, the IRS says approximately 4 weeks. By fax, the IRS faxes the EIN back to the number you give on the form; it does not publish a separate turnaround for the international fax line.

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