An EIN (Employer Identification Number) is a nine-digit number the IRS assigns to your business — the company equivalent of a Social Security number. Your LLC needs one to open a bank account, hire staff, file federal tax returns and work with payment processors. The IRS issues it free, and for most US owners the whole process takes about ten minutes online.
1. Who needs an EIN
Every LLC with more than one member, and every LLC that hires employees or elects to be taxed as a corporation, must have an EIN. A single-member LLC with no employees can technically use the owner's SSN for federal tax, but in practice you still want an EIN: banks require it to open a business account, and it keeps your SSN off invoices, W-9s and supplier forms. Non-US owners, who have no SSN, always need one.
2. When to apply
Apply after the state approves your LLC, not before. The IRS asks for the legal name and formation date exactly as approved, and an EIN issued for a name the state later rejects causes problems. Once the LLC is approved, apply straight away — the bank account, payment processors and tax registrations all depend on it.
3. Apply online (US owners with an SSN or ITIN)
The IRS online EIN assistant is the fastest route: you answer questions about the business and receive the EIN immediately at the end. Requirements:
- The "responsible party" (the owner or a person who controls the LLC) must have a valid SSN or ITIN.
- The business must be located in the US or a US territory.
- The IRS issues one EIN per responsible party per day.
- The assistant is only available during IRS hours (weekdays, US Eastern time) and the session times out after 15 minutes of inactivity, so have your details ready.
At the end you can download the confirmation letter (CP 575) immediately — save it; banks ask for it. Only ever use the official IRS website: there is no fee, and any site charging to "file your EIN" is a third-party service, not the IRS.
4. Apply without an SSN (non-US owners)
If the responsible party has no SSN or ITIN, you cannot use the online assistant. Instead you complete Form SS-4 and send it to the IRS by fax (typically about four business days), by mail (typically four weeks or more), or by phone from outside the US (the IRS international line, weekdays, US Eastern time — the EIN is given during the call). On the form you write "Foreign" in the SSN/ITIN box and you do not need an ITIN first. Our full guide covers this step by step: How to get an EIN without an SSN. Incofile's EIN service handles the whole process, and the Gold and Platinum formation packages include it.
5. Filling in Form SS-4
Whether online or on paper, the questions are the same. The ones people get wrong:
- Legal name — exactly as on your approved Articles, including "LLC".
- Trade name — only if you operate under a DBA.
- Mailing address — where the IRS will send letters. A non-US address is fine; a virtual business address also works.
- Responsible party — a real person who owns or controls the LLC, never another company or a registered agent.
- Type of entity — for an LLC, tick "Other" and state "LLC" with the number of members; the IRS then treats one member as a disregarded entity and two or more as a partnership unless you elect otherwise.
- Reason for applying — "Started new business".
- Date business started — the state approval date.
- Employees — enter 0 if you have none; you can still hire later.
6. After you get your EIN
- Keep the CP 575 letter safely. If you lose it, the IRS can send a replacement confirmation (Form 147C) on request.
- Open your business bank account — see what banks ask for.
- Register for state taxes (sales tax, withholding) using the EIN.
- Consider an S-Corp election once you are profitable — see LLC vs S-Corp.
- You never need to renew an EIN. It stays with the LLC for life, even if you change the name or address (tell the IRS about those changes by letter or with your tax return).
7. Common mistakes and fixes
- Applying before the state approves the LLC — wait for approval, then apply with the exact approved name.
- Getting a second EIN by mistake — you only need one per LLC. If you got two, write to the IRS to close the extra one.
- Wrong entity type — an LLC that ticked "corporation" will be expected to file corporate returns. Fix it by writing to the IRS.
- Using a registered agent as the responsible party — the IRS requires a person with ownership or control.
- Paying a website for a "free" EIN — the IRS never charges. A formation service like Incofile charges for doing the work and handling the IRS process, which is what non-US owners in particular pay for.
Want it done for you? Incofile forms your LLC and obtains your EIN as part of the Gold and Platinum packages, or as a stand-alone service for an existing company. Start your LLC.
General information, not tax advice. IRS procedures and hours can change; check irs.gov for the current process. September 2026.