Who should be the responsible party in your ein application? Learn IRS rules for LLCs, foreign owners, and multi-member entities. Avoid rejection with SpeedEIN’s compliant process. Get your EIN in 10 days.
ein application responsible party: who should be listed? (2025 guide)
You’re filling out Form SS-4 for your US LLC. You’ve entered your business name, address, and start date.
Then you hit Field 7:
“Name of responsible party”
You pause.
“Is it me? My agent? My lawyer? The company?”
You’re not alone. The ein application responsible party is one of the most misunderstood — and most critical — parts of the SS-4 form.
List the wrong person, and the IRS may reject your application, delay your EIN, or even revoke your number later.
This 2025 guide explains exactly who must be listed as the responsible party, based on IRS rules, and how to stay compliant — especially if you’re a foreign owner.
✅ what is the responsible party in an ein application?
According to the IRS (Publication 1635), the responsible party is:
“The individual or entity that has control, supervision, or direction over the applicant entity and the power to manage, direct, or make decisions for it.”
In simple terms:
👉 The person who owns or controls the LLC.
This is not a title you can assign — it’s based on actual authority over the business.
📋 who should be listed as responsible party?
The answer depends on your LLC structure.
1. single-member llc (smlc)
✅ Responsible Party: The individual owner (you)
📌 Example:
- LLC: TechFlow LLC
- Owner: Maria Garcia (from Spain)
→ Maria Garcia is the responsible party
❌ Never list:
- Your registered agent
- A law firm
- A virtual office
- “The Manager” (without a name)
2. multi-member llc (mmlc)
✅ Responsible Party: The general partner, managing member, or person with controlling interest
📌 Example:
- LLC: Alpha Ventures LLC
- Members: John (60%), Lisa (40%)
→ John is the responsible party (majority owner)
If no one has >50%, the managing member (the one who runs day-to-day operations) should be listed.
3. llc with a corporation as owner
✅ Responsible Party: A human individual — typically a senior officer (CEO, President, or Director)
📌 Example:
- LLC: Global Retail LLC
- Owner: XYZ Holdings Inc. (Japan)
→ List the President of XYZ Holdings, not the corporation
The IRS requires a real person, not another entity.
🚫 common mistakes in ein application responsible party
- ❌ mistake: listing the registered agent
→ Fix: The agent provides legal address — they don’t control the LLC. - ❌ mistake: writing “the owner” or “manager” without a name
→ Fix: Enter the full legal name of the individual. - ❌ mistake: using a company name (e.g., “LegalZoom Inc.”)
→ Fix: Only human individuals can be responsible parties. - ❌ mistake: hiding the owner’s identity
→ Fix: The IRS wants transparency — list the real person in control. - ❌ mistake: changing the responsible party later without notice
→ Fix: File Form 8822-B if the responsible party changes.
🌍 special rules for foreign owners
If you’re a non-resident alien or foreign national, the rules are the same:
✅ You are the responsible party — if you own or control the LLC.
📌 Key IRS requirements:
- You must provide your passport for verification
- You do not need an SSN or ITIN — just write “Foreign person – no SSN or ITIN” in Field 8
- You must have a valid US mailing address for CP575 delivery
⚠️ Warning: Some third-party services try to list themselves as the responsible party. This is:
- Against IRS rules
- Risks EIN revocation
- May cause bank account rejection
You — the real owner — must be listed.
📄 how to fill out field 7 on ss-4 form
On Form SS-4, Field 7 asks for:
“Name of responsible party — Follow instructions on page 2”
Here’s how to fill it correctly:
深色版本Maria Garcia
Then provide:
- Social Security Number (SSN) or ITIN: Leave blank if foreign → add note
- Individual’s address: Your personal address (can be outside the US)
- Signature: Must be your handwritten signature in Field 17
📌 Pro Tip: The IRS matches the responsible party’s name with the CP575 letter — so be consistent.
🚀 speedein: we ensure your ein application lists the correct responsible party
We help thousands of foreign entrepreneurs apply for EINs — with full IRS compliance.
✅ what we do:
- Identify the correct responsible party based on your ownership
- Complete Field 7 accurately on your SS-4
- Add required notes for foreign applicants
- Submit via fax for faster processing
- Guide you to receive your CP575 safely
✅ our guarantee:
- ⏱️ ein in 10 business days
- 📬 cp575 guidance within 20 business days
- 🔐 you are the responsible party — always
- 📩 no hidden fees, no document retention
📞 get your ein with the right responsible party
Don’t risk compliance issues. Let SpeedEIN ensure your ein application is correct — so your bank, Stripe, and IRS all recognize you as the owner.
📌 you provide:
- llc articles of organization
- responsible party passport
- valid us mailing address
📩 apply now: speedein.com