Delaware LLC EIN Without an SSN: 2026 Guide
Get a Delaware LLC EIN without an SSN as a non-resident founder. A step-by-step IRS Form SS-4 fax walkthrough, plus fixes for common rejection errors.
Getting a federal tax ID is the step where many non-resident founders stall, because the online IRS application refuses anyone without a Social Security Number. The good news is that you do not need an SSN or an ITIN to obtain an EIN for your Delaware LLC. This page walks you through IRS Form SS-4 line by line, shows you the fax path that works for foreign owners, and flags the mistakes that quietly delay approval for weeks.
Why non-residents cannot use the online EIN application
The IRS online EIN application at irs.gov requires the responsible party to enter a valid SSN or ITIN. Non- residents without an SSN cannot complete the online flow: the system rejects the application at the SSN field. The IRS does not currently provide an online path for non- residents without US tax-identification numbers, despite repeated requests from the formation-service community.
The alternative is Form SS-4, submitted to the IRS by fax or by mail to the international EIN unit. The IRS does not currently accept Form SS-4 by email or by online upload. Fax is the right default for non- residents: turnaround is typically 1-2 business days for a complete application.
Mail submissions take 4-6 weeks because the international EIN unit processes paper mail in batches.
Calling the IRS international line (the international EIN phone number) is occasionally faster but requires the responsible party to be available during US business hours (typically 6 AM to 11 AM US Eastern, which is late evening in Bangladesh and India). Phone applications also require the agent to read out every Form SS-4 field verbally, which is error-prone when the founder's first language is not English.
What an EIN actually is and why you need one
The EIN (Employer Identification Number) is a 9-digit federal tax identifier assigned by the IRS to business entities. Format: XX-XXXXXXX. It is permanent and does not need renewal.
You use it on every federal tax filing, on Form 5472 each year, on bank account applications, on Stripe and payment processor signups, and on contracts where US counterparties need to identify your business for tax purposes.
Without an EIN, you cannot:
- Open a US business bank account. Banks require the EIN before they will open the account.
- Set up a Stripe account for the LLC. Stripe's KYC requires the EIN.
- Register on Amazon Seller Central, Etsy, or most other US marketplaces as a business.
- File the LLC's federal tax returns (Form 5472, Form 1120, Form 1065, or Form 1040-Schedule C depending on structure).
- Issue W-9s to US clients who request them for 1099 reporting.
The EIN is therefore the practical bottleneck between forming the LLC and operating it. Delewarellc handles the Form SS-4 process during Days 6-8 of the 8-10 day timeline because everything downstream (banking, Stripe, marketplace registration) depends on it.
How to fill in Form SS-4 as a non-resident
Line-by-line walkthrough of the fields that matter for a non-resident applicant. Download the current Form SS-4 from irs.gov/forms-pubs/about-form-ss-4 (the form is updated annually; the field numbers below match the 2026 revision):
- Line 1, Legal name of entity: Your Delaware LLC's exact legal name as filed on the Certificate of Formation, including the LLC or L.L.C. ending. Match it character-for-character; even a missing comma triggers manual review.
- Line 2, Trade name (DBA): Leave blank unless you operate under a different trade name.
- Line 3, Executor, administrator, trustee: Leave blank for a standard non-resident LLC formation.
- Line 4a, Mailing address: Your home address abroad. Some applicants use the registered agent address; both work, but using your own address is cleaner for IRS correspondence.
- Line 4b, City, state, ZIP: Your home address abroad with the foreign postal code.
- Line 5a-b, Street address if different: Leave blank if same as mailing address.
- Line 6, County and state of LLC: "Delaware" for both county-line and state.
- 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: Write the literal word "Foreign". Do not write your passport number. Do not write zeros. Do not leave blank.
- Line 8a, Is this application for a limited liability company?: Yes.
- Line 8b, Number of LLC members: 1 for a single-member LLC, 2 or more for multi-member.
- Line 8c, Was the LLC organized in the United States?: Yes.
- Line 9a, Type of entity: Check "Other" and write "Disregarded entity" for single-member LLCs (default federal tax treatment). For multi-member, check "Partnership".
- Line 10, Reason for applying: Check "Started new business" or "Banking purpose" depending on immediate need. "Banking purpose" is fine if you are forming the LLC primarily to open a US bank account.
- Line 11, Date business started: The date your Delaware Certificate of Formation was filed (state stamp date).
- Line 12, Closing month of accounting year: December for calendar-year filers (the default).
- Line 13, Highest number of employees expected in next 12 months: 0 for most non-resident LLCs without US employees.
- Lines 14-15, Employment tax filing: Leave blank if no US employees.
- Line 16, Principal activity: Brief description of what the LLC does (e.g., "E-commerce", "Software development", "Consulting services").
- Line 17, Principal product or service: A more specific description.
- Line 18, Signature, title, date: The responsible party signs and dates. The title is usually "Sole Member" or "Member-Manager".
Where to fax and what to expect
The IRS international EIN fax number is published at irs.gov. The current number for applications from outside the United States is +1-855-215-1627, but the number changes periodically; verify before sending against the official IRS Form SS-4 instructions on irs.gov. Send the signed Form SS-4 as a single PDF fax transmission.
Include a cover sheet with:
- Your name and the LLC name.
- The return fax number where you want the EIN sent.
- An optional return email address.
- A short note: "Form SS-4 application for Delaware LLC. Non-resident, no SSN, no ITIN. Please fax EIN confirmation back to the number above."
The IRS responds by fax with a CP 575 letter (the EIN confirmation letter). Average turnaround when the form is filled correctly is 1-2 business days. If the IRS finds any error or ambiguity, they will fax back a rejection or a request for clarification, which typically adds 1-2 weeks before a corrected re-submission succeeds.
Delewarellc has a verified return fax setup. The EIN confirmation comes directly to us and we forward to you the same day it arrives. Days 1-2 KYC and payment. Days 3-5 Delaware filing. Days 6-8 EIN. Days 9-10 bank applications.
What if you do not have access to a fax machine
Most people in 2026 do not have a fax machine. Use an online fax service:
- HelloFax, eFax, FaxBurner: Web-based fax services. Pay-per-fax or low monthly subscription. Most have free trial credit sufficient for one IRS fax.
- RingCentral, Grasshopper: Business communication services with fax included.
- Local copy shops: Many copy and print shops still offer fax services for a few dollars per page.
Use a service that provides a confirmation page so you have proof the IRS received the fax. The confirmation is rarely needed but useful if the application is later questioned.
After you receive the EIN
The CP 575 confirmation letter is the official record of your EIN. Save the original PDF and a printed copy. Banks and counterparties may ask for it; some banks specifically require the CP 575 (not just the EIN number) as verification.
The EIN is permanent. You do not renew it. If you ever lose the CP 575, the IRS does not reissue it; instead, you request a 147-C letter, which is an IRS-issued verification of your existing EIN.
The 147-C request goes through the IRS Business and Specialty Tax Line.
Use the EIN on:
- All federal tax filings (Form 5472, Form 1120, Form 1065, Form 1040-Schedule C as applicable).
- Bank account applications. Provide the CP 575 with your application package.
- Stripe onboarding. Stripe matches the EIN against IRS records during KYC.
- Amazon Seller Central, Etsy, Shopify Payments, and other US marketplace registrations.
- Vendor and client paperwork. Some US clients require a W-9 with the EIN before they will pay invoices.
- State foreign qualification filings if you ever need to register the LLC in another US state.
EIN versus ITIN: do you need both?
The EIN is the LLC's tax ID. The ITIN (Individual Taxpayer Identification Number) is the owner's personal US tax ID for filing personal tax returns. Most non-resident LLC owners need the EIN but never need an ITIN.
You need an ITIN only if you personally must file a US tax return (Form 1040-NR) showing US-source effectively- connected income. For most non-resident-owned Delaware LLCs with no US physical presence and no US-employee operations, the federal tax filing obligation is Form 5472 + pro forma Form 1120 (handled by a CPA), and you personally do not file a Form 1040-NR. If that is your situation, you do not need an ITIN.
If you do eventually need an ITIN, the application is via IRS Form W-7, with required identification documentation. A Certifying Acceptance Agent (CAA) can certify your passport rather than mailing the original to the IRS. The ITIN application takes 6-12 weeks.
The full ITIN walkthrough is on the tax guide.
Common SS-4 rejection scenarios and recovery
- Passport number in SSN field: IRS rejects. Re-fax with "Foreign" in Line 7b. Adds 1-2 weeks.
- LLC name mismatch: IRS rejects because the SS-4 name does not match the Delaware Certificate of Formation. Verify exact spelling and re-fax. Adds 1-2 weeks.
- Wrong entity type on Line 9a: IRS may issue the EIN under the wrong classification, which is correctable but creates Form 5472 / Form 1065 confusion later. Better to get it right the first time.
- Missing signature: IRS rejects. Re-fax with signature. Adds 1-2 weeks.
- Return fax fails: The CP 575 never arrives. Call the IRS Business and Specialty Tax Line and request a 147-C letter to verify the EIN was issued.
- SS-4 silently approved but CP 575 never sent: Sometimes the IRS issues the EIN but the fax-back fails. Call the IRS to confirm. Once confirmed, request a 147-C as your record.
What Delewarellc does on the SS-4
We prepare the Form SS-4 from your formation intake data, cross-check it against the Delaware Certificate of Formation we filed for you, fax it to the IRS international EIN unit, and watch the return fax queue. Delewarellc has a verified return fax setup so the CP 575 comes back directly to us. We forward the EIN and the CP 575 PDF to you the same day it arrives.
If the IRS rejects the application for any reason (incorrect field, missing data), we correct and re-fax without additional charge. The $297 bundle covers EIN preparation including re-submissions.
Does the responsible party have to be a US person?
No. The responsible party on Form SS-4 is the person who controls or directs the entity and the disposition of its funds and assets. For a single-member Delaware LLC owned by a non-resident, that person is you, the foreign owner, even though you live abroad and hold no US tax-identification number.
The IRS designed Line 7b to accept the literal word "Foreign" precisely because it expects a share of applicants to be individuals without an SSN or ITIN. You do not need a US partner, a US registered agent acting as signer, or a US-based manager to obtain the EIN. Putting a US person on Line 7a who is not actually the controlling party is a misstatement and can create problems later if the IRS or a bank cross-checks the responsible party against the LLC's ownership.
The responsible party must be a natural person, not another entity, in almost every case. If your Delaware LLC is owned by a foreign holding company rather than by you directly, the responsible party is still the individual who ultimately controls that holding company, not the company itself. The IRS instructions are explicit that the responsible party is the true principal, not a nominee or an intermediary.
For most non-resident founders the answer is simple: you are the single owner, you control the funds, and you sign Line 18 with the title "Sole Member" or "Member-Manager". Keep your passport name consistent across Line 7a, the signature block, and the Delaware Certificate of Formation so nothing looks mismatched when a bank later compares documents.
How long should a non-resident really plan for?
Timeline expectations matter because everything downstream waits on the EIN. A clean fax application to the IRS international EIN unit typically returns a CP 575 within 1-2 business days, but that figure assumes the form is correct and the IRS workload is normal. Around US tax-season peaks and federal holidays the international unit slows down, and a return that usually takes two days can stretch to a week or more.
If you mail Form SS-4 instead of faxing, plan for 4-6 weeks because paper is processed in batches. Building the EIN into the broader formation schedule, Delewarellc handles the SS-4 during Days 6-8 of the 8-10 business-day timeline, so the EIN lands shortly before you start the banking step.
The practical lesson is to sequence the dependent tasks and not start them too early. Do not open browser tabs for Mercury, Wise, Relay, Lili, or Payoneer until the CP 575 is in hand, because each of those applications asks for the EIN and will stall without it. The same applies to Stripe, which matches the EIN against IRS records during onboarding, and to marketplace registrations on Amazon Seller Central or Etsy.
If you are working to a launch date, count backward: a US bank account usually needs the EIN first, the EIN needs the filed Certificate of Formation first, and the Certificate needs the name reservation and registered agent first. A single rejected SS-4 can add 1-2 weeks, so the safest plan leaves a buffer rather than promising a hard go-live the week the LLC is formed.
Can you correct a wrong entity classification after the EIN issues?
Yes, but it is easier to get Line 9a right the first time than to unwind it. When a single-member LLC owned by a non-resident is set up, the IRS default is to treat it as a disregarded entity, which is why the walkthrough above tells you to check "Other" and write "Disregarded entity" on Line 9a. If you accidentally check "Corporation" or another box, the IRS may assign the EIN under that classification and expect a different return, which collides with the Form 5472 plus pro forma Form 1120 path most non-resident single-member LLCs follow.
The mismatch does not void the EIN, but it can generate IRS notices asking for a return you were not planning to file.
Correcting it usually means writing to the IRS to explain the intended classification, and in some situations filing Form 8832 to elect or confirm the entity's tax treatment. That is extra correspondence with an agency that communicates slowly with foreign addresses, so the time cost is real. The cleaner approach is prevention: confirm whether your LLC is single-member or multi-member before you fill the form, choose disregarded-entity treatment for a one-owner LLC or partnership treatment for two or more owners, and keep the choice consistent with how your CPA will file.
If you are unsure which classification fits your situation, decide it before faxing rather than after, because a corrected classification can ripple into the Form 5472 obligation and the $25,000 penalty that attaches to a missed or late 5472.
What address should appear on Form SS-4?
Line 4a-b asks for a mailing address, and non-residents have two reasonable choices: your own home address abroad or your Delaware registered agent address. Both are accepted, and the EIN will issue either way. Using your own foreign address is usually cleaner because IRS correspondence, including any future notice, then reaches you directly rather than passing through the registered agent.
A foreign address on the SS-4 also signals to the IRS that this is a non-resident application, which is consistent with the "Foreign" entry on Line 7b. Write the address in the foreign format the local post office expects, and include the foreign postal code in the ZIP field even though it is not a US ZIP.
Whatever address you use, keep it consistent across the documents that a bank will later compare. If the SS-4 shows your home address abroad and the bank application shows a different address, a reviewer may flag the discrepancy during onboarding at Mercury, Wise, Relay, Lili, or Payoneer. The address on the SS-4 does not have to be a US address, and you do not need to rent a US mailbox just to get an EIN.
If you later add a US business mailing address for operational reasons, you can update the IRS using Form 8822-B to change the responsible party or the mailing address on record. For the EIN application itself, simplicity wins: use the same address you can reliably receive mail at, and match it to your other formation documents.
What does the IRS do with the responsible party information?
The responsible party is not a formality. The IRS uses Line 7a and 7b to record who truly controls the entity, and it expects that record to stay current. When the controlling person changes, for example if you sell the LLC or bring in a new managing member who takes over control of the funds, the IRS asks you to file Form 8822-B within 60 days to update the responsible party.
Keeping this accurate matters because the responsible party is the human the IRS will contact about the entity, and a stale record means notices may go to someone no longer involved. For a stable single-owner LLC this rarely comes up, but it is worth knowing the obligation exists.
The responsible-party record also interacts with how banks and processors verify your business. Although the IRS does not share the SS-4 broadly, the consistency of your name across the EIN record, the Certificate of Formation, and your passport is what lets a bank reconcile the pieces during know-your-customer review. If the responsible party on the EIN is you but the bank application names a different controlling person, expect questions.
This is another reason to avoid the temptation to list a US friend or agent as the responsible party for convenience: the EIN record should reflect the actual owner, and every later document should agree with it. Accuracy at the SS-4 stage prevents friction at the banking stage, where reviewers are stricter and slower to resolve mismatches.
Are you exempt from BOI reporting after you get the EIN?
For a long time the guidance circulating in founder communities was that every new LLC had to file a Beneficial Ownership Information report with FinCEN soon after formation, and earlier drafts of that rule described tight deadlines and steep daily penalties. That guidance no longer reflects the law for a domestic Delaware LLC. Under the FinCEN Interim Final Rule issued on March 26, 2025, entities formed in the United States, which includes a Delaware LLC, and their beneficial owners are exempt from the BOI reporting requirement.
Only entities formed under the law of a foreign country and then registered to do business in a US state are treated as reporting companies. FinCEN has stated it will not enforce BOI penalties against domestic companies.
For a non-resident founder this is a meaningful simplification. Your Delaware LLC is a US-formed entity, so getting the EIN does not trigger a separate FinCEN filing, and you should disregard older articles that mention a fixed filing window or a per-day penalty for domestic LLCs. The one situation to watch is the reverse structure: if you formed a company abroad under foreign law and then registered it to operate in a US state, that foreign-formed entity can still be a reporting company and should check current FinCEN guidance.
For the ordinary case this page addresses, a Delaware LLC formed for a non-resident owner, the EIN is your federal tax identifier and there is no domestic BOI report to file alongside it. Keep your real federal obligations, such as the annual Form 5472, in focus instead.
What ongoing federal and state obligations follow the EIN?
The EIN is the start of your federal record, not the end of your obligations. The filing most non-resident single-member LLCs must meet is Form 5472 attached to a pro forma Form 1120, which reports transactions between the LLC and its foreign owner. This filing is required even when the LLC owes no US income tax, and the penalty for missing or filing it late is $25,000, which makes it the obligation worth setting a calendar reminder for.
The EIN you obtained through the SS-4 is what ties these filings to your entity, so the moment the CP 575 arrives is a good time to brief your CPA and put the federal deadline on your calendar for the following year.
On the state side, Delaware keeps the recurring burden light. A Delaware LLC files no annual report, and instead pays a flat $300 LLC franchise tax due each year on June 1. That tax is a fixed amount, not a calculation based on income or assets, so you can budget for it precisely.
The other Delaware fees are predictable too: the Certificate of Formation costs $110 to file, a Certificate of Good Standing is $50 if a bank or counterparty requests proof your LLC is in order, and a Certificate of Cancellation is $200 if you ever wind the entity down. None of these state items require the EIN, but they sit alongside it in the small set of dates and dollar figures a non-resident owner needs to track to keep the LLC compliant year after year.
Should you apply for the EIN yourself or use a service?
Applying for an EIN is free when you file Form SS-4 directly with the IRS, and a careful founder can do it alone. If you are comfortable downloading the current form from irs.gov, entering "Foreign" on Line 7b, choosing the right entity classification on Line 9a, matching the LLC name exactly to the Certificate of Formation, and sending a clean fax through an online fax service, the self-filed route works and costs nothing beyond the fax.
The honest tradeoff is that the IRS does not coach you. A small error, a passport number in the wrong field or a name that differs by a comma, comes back as a rejection that can add 1-2 weeks, and the international unit is slow to clarify with foreign applicants.
Using a service trades that free-but-fragile path for a managed one. Delewarellc prepares the SS-4 from your intake data, cross-checks it against the Certificate of Formation it filed for you, faxes it from a verified return-fax setup, and forwards the CP 575 the same day it arrives, correcting and re-faxing at no extra charge if the IRS rejects anything.
The $297 one-time bundle plus the state fee covers the EIN preparation alongside the rest of the formation, so the EIN is not a separate line item you chase on your own. The decision comes down to your appetite for handling IRS paperwork across a time-zone gap: the number itself is free either way, and what you pay for is the removal of the rejection-and-redo loop that otherwise sits between you and your bank account.
Frequently asked questions
Do I need an ITIN to form a Delaware LLC?
No, you do not need an ITIN to form the LLC or get an EIN. An ITIN (Individual Taxpayer Identification Number) is needed only if you personally must file a US tax return (Form 1040-NR) showing US-source income from the LLC. Many non-resident LLC owners never need an ITIN.
Can a non-US resident form a Delaware LLC?
Yes. Non-US residents can form a Delaware LLC without a Social Security Number, US address, or US presence. You need a passport for identity verification, an EIN for IRS purposes, and a Delaware Registered Agent. Delewarellc forms Delaware LLCs for non-resident founders for $297 plus the $110 Delaware state fee.
Can I form a Delaware LLC if I have never been to the US?
Yes. Physical presence in the United States is not required to form a Delaware LLC or maintain it. The entire formation process, banking applications, and ongoing compliance can be handled remotely.
Do I need a US address to form a Delaware LLC?
No. You do not need a personal US address. The Delaware LLC needs a registered agent address (which Delewarellc provides) and an address for IRS correspondence (which can be your home address abroad).
What is IRS Form 5472 and who must file it?
Form 5472 is required annually from foreign-owned single-member US LLCs treated as disregarded entities. The penalty for not filing is $25,000 per occurrence. Form 5472 must be filed with pro forma Form 1120 by April 15 (extendable to October 15).
What is pass-through taxation?
Pass-through taxation means the LLC itself does not pay income tax. Profits and losses pass through to the LLC members who report them on their personal tax returns. This is the default treatment for both single-member and multi-member LLCs.
Related resources
Form your Delaware LLC today
$297 + Delaware state fee, one-time. 8-10 days. One-time pricing.