Discover why non-US residents cannot apply for an EIN online through the IRS EIN Assistant. Learn the 18 sections, 35+ fields, and strict IRS rules that make DIY EIN applications risky. Get expert guidance to avoid rejection and delays.
If you’re a non-US resident starting a business in the United States—whether it’s an LLC, C-Corp, or S-Corp—you’ve likely heard that an Employer Identification Number (EIN) is required. What many don’t realize is that the IRS does not allow non-US residents to apply for an EIN online through the official IRS EIN Assistant.
Instead, you must file IRS Form SS-4 by fax or mail—a process filled with technical requirements, strict formatting rules, and high stakes for errors. One mistake can mean weeks of delay, rejection, or even compliance risks down the road.
In this comprehensive guide, we’ll break down:
- ❌ Why non-US residents are blocked from the online EIN application
- 📋 The 18 sections and 35+ fields of Form SS-4 that must be filled correctly
- ⚠️ Common mistakes that lead to EIN rejection or delays
- 🏠 The critical role of the Mailing Address and Responsible Party
- 📬 How to receive the IRS CP575 confirmation letter
- 🛡️ Why using a third party’s address or name as Responsible Party is risky
- ✅ How professional EIN services like SpeedEIN help you avoid pitfalls and get approved in 10 business days
🚫 The Online EIN Assistant: Not Available to Non-US Residents
The IRS offers a convenient online tool called the EIN Assistant, but access is restricted. According to IRS Publication 583 (Starting a Business and Keeping Records), you can only use the online application if:
- The applicant has a valid SSN, ITIN, or ATIN
- The principal business, office, or agency is located in the United States or U.S. Territories
As a non-US resident with no SSN and a foreign address, you do not qualify. This means your only option is to complete Form SS-4 manually and submit it by fax to the IRS.
💡 Key Fact: The IRS receives over 2 million EIN applications annually. Even small errors—like a missing hyphen, incorrect entity type, or mismatched Responsible Party—can trigger rejection or manual review, delaying your EIN by 4–8 weeks.
📋 Form SS-4: 18 Sections, 35+ Fields, Zero Room for Error
Form SS-4 may look simple at first glance, but it’s deceptively complex. Based on IRS instructions and Publication 1635 (Understanding Your EIN), here’s a breakdown of what you’re up against:
| Section | Key Fields | Common Pitfalls |
|---|---|---|
| 1. Legal Name | Exact legal name of entity (no abbreviations) | Using DBA instead of legal name; typos |
| 2. Trade Name | DBA or “Doing Business As” name | Leaving blank when applicable; incorrect formatting |
| 3. Mailing Address | Street, city, state, ZIP (must be in the US) | Using virtual office without IRS acceptance; PO Box only if no street address |
| 4. Location of Principal Office | Same as mailing or different US address | Confusion between mailing and physical location |
| 5. Responsible Party | Name, SSN/ITIN (or explanation if none), address | ❌ Using agent’s name; not disclosing foreign status |
| 6. Type of Entity | LLC, Corporation, Partnership, etc. | Incorrect classification (e.g., selecting “Corporation” for an LLC) |
| 7. Reason for Application | New business, banking, hiring, etc. | Choosing “Other” without explanation |
| 8. Date Business Started | MM/DD/YYYY | Futuristic dates; incorrect format |
| 9. Closing Month | Fiscal year-end | Leaving default (12) when not applicable |
| 10. First Date Wages Paid | If hiring employees | Leaving blank when not hiring; incorrect date |
| 11. Number of Employees | Estimated number | Guessing; not updating later |
| 12. Highest Number of Employees | Expected in next 12 months | Underestimating |
| 13. Principal Activity Code | 6-digit NAICS code | Using wrong code; not researching industry |
| 14. Business Activities | Description of operations | Too vague (“consulting”); not matching NAICS |
| 15. Agent Information (if applicable) | Name, address, EIN | Listing agent as Responsible Party (❌ prohibited) |
| 16. Foreign Owner Information | Country, TIN (if any) | Leaving blank; not disclosing |
| 17. Third-Party Designee | Name, phone, PIN (optional) | Leaving PIN blank if designee is used |
| 18. Signature | Must be signed by Responsible Party | Agent signing; faxed signature not accepted |
⚠️ Critical Reminder: Every field must be filled. Leaving a field blank—even if “N/A”—can result in rejection. The IRS does not send correction notices; they simply return the form.
🏠 The Mailing Address: Where the IRS Sends Your CP575 Letter
One of the most overlooked aspects of the EIN application is the Mailing Address (Section 3). According to IRS Publication 1635, this address becomes your official IRS communication address.
This means:
- 📬 The CP575 letter (official EIN confirmation) will be sent here
- 📝 All future IRS notices, tax forms, and audits will be mailed here
- 🔄 If you move or close the address, you must file Form 8822-B to update it
🛑 Warning: Many EIN service providers use their own address as the mailing address. This gives them control over your IRS communications and creates compliance risks. SpeedEIN never uses our address. We require you to provide a valid US mailing address—your responsibility, your control.
💡 Pro Tip: Use a US-based virtual mailbox or a trusted friend’s address. PO Boxes are acceptable only if no street address is available.
👤 The Responsible Party: Who Really Controls Your Business?
Section 5 of Form SS-4 asks for the Responsible Party. This is not optional. According to IRS rules, this must be the individual who ultimately owns or controls the entity—typically a founder, CEO, or majority owner.
🚫 What You Cannot Do:
- ❌ List a third-party service provider as the Responsible Party
- ❌ Use a company name (e.g., “ABC Registered Agent Inc.”)
- ❌ Use a fictitious person
The IRS requires the Responsible Party’s name, address, and SSN or ITIN. If you don’t have one, you must explain why (e.g., “Foreign national without SSN/ITIN”).
⚖️ Legal Risk: If the IRS discovers that a third party was listed as Responsible Party, they may revoke your EIN or initiate an audit. This could jeopardize your business’s tax compliance.
✅ SpeedEIN’s Policy: We guide you to correctly list yourself as the Responsible Party—even without an SSN. We help you draft the required explanation to avoid rejection.
📬 Receiving the CP575: What to Expect
After the IRS approves your EIN, they will mail the CP575 Notice to your designated mailing address. This letter:
- ✅ Officially confirms your EIN
- ✅ Includes your entity name and EIN
- ✅ Is required by banks, PayPal, Stripe, and other financial institutions
⏱️ Processing Time:
| Submission Method | Processing Time | CP575 Delivery |
|---|---|---|
| Faxed SS-4 | 4–6 weeks | 6–8 weeks |
| Mail SS-4 | 6–10 weeks | 8–12 weeks |
| SpeedEIN Service | 10 business days | 20 business days |
We track your application and provide guidance if the CP575 is delayed.
🛡️ Why DIY EIN Applications Fail: Real-World Examples
Based on IRS data and client cases, here are common reasons for rejection:
- ❌ Responsible Party listed as agent → EIN revoked
- ❌ Mailing address outside the US → Form returned
- ❌ Missing NAICS code → Request for correction
- ❌ Signature not original → Rejection
- ❌ Foreign owner not disclosed → Audit risk
✅ How SpeedEIN Simplifies Your EIN Application
We don’t charge government fees. We help you avoid costly mistakes. Our service includes:
📝 Accurate SS-4 Filing
Zero formatting errors
📠 Fax Submission
Direct to IRS, tracked
📬 CP575 Guidance
Help if delayed
📧 Email Support
Fast response
🎯 No hidden agendas: We never use our address. We never list ourselves as Responsible Party. You remain in full control.
📞 Ready to Get Your EIN Without the Hassle?
Don’t risk weeks of delay or IRS compliance issues. Let SpeedEIN handle the complexity while you focus on building your business.
SpeedEIN: Trusted by 5,000+ international entrepreneurs. 100% IRS-compliant. No SSN required.