EIN vs ITIN
Two different IRS numbers for two different purposes. What non-US founders especially need to know.
The difference in one sentence
An EIN identifies a business or entity to the IRS. An ITIN identifies an individual person to the IRS, when that person cannot get a Social Security Number. They serve different roles, and you may need both.
Who gets an ITIN?
The Individual Taxpayer Identification Number (ITIN) is issued to people who have a US tax filing requirement but cannot get an SSN. Common cases:
- Non-resident aliens with US-source income
- Resident aliens (based on days in the US) without work authorization
- Spouses or dependents of US citizens or resident aliens
- Foreign nationals receiving US royalties, scholarships, or partnership distributions
The ITIN goes on Form 1040 in the same place an SSN would go. It looks like an SSN: 9XX-XX-XXXX, with the first digit always 9.
The non-US founder situation
The most common reason people land on this comparison: a foreign founder forming a US LLC or corporation. Here is the actual order of operations.
The EIN application without an SSN or ITIN
The IRS online EIN application requires the responsible party to have an SSN or ITIN. If you have neither, you cannot use the online form. Your options:
- Fax Form SS-4 to the IRS. Approx 4 business days for response. The fax number is for international applicants and lives in IRS publications.
- Mail Form SS-4 to the IRS. Approx 4 to 6 weeks.
- Phone (international applicants only). Call 267-941-1099. This is NOT toll-free. Wait times vary. Hours are limited.
On Form SS-4, the responsible party's name goes in box 7a. The IRS does not require the responsible party to have an SSN or ITIN, but they do need a name and address. Some applicants list a foreign tax ID; some leave the SSN line blank with a note. The IRS has been inconsistent on what they accept.
Do I need an ITIN if my LLC has an EIN?
Not necessarily. An EIN is for the business. An ITIN is for the person. You only need an ITIN if YOU personally have a US tax filing requirement.
For example: a foreign founder owns 100% of a US single-member LLC. The LLC has an EIN. The foreign owner has US-source business income. The owner usually has a US tax filing requirement (Form 1040-NR, plus Form 5472 for the LLC). Filing those forms requires an ITIN. So yes, in this case, both are needed.
Another example: a foreign founder owns 100% of a US C-corp. The C-corp has an EIN and pays its own US taxes. The foreign owner has no direct US filing requirement (just the corporation's, which uses the EIN). No ITIN needed.