Can I get an EIN without an SSN?

Yes. You do not always need a Social Security number to apply for an EIN.

If you are asked for a taxpayer identification number for the "responsible party," the IRS may accept an ITIN, which is an Individual Taxpayer Identification Number issued by the IRS, instead of an SSN. In some cases, a foreign owner with no SSN or ITIN may still be able to apply by using the IRS process for Form SS-4, which is the application for an EIN.

The exact process depends on your business structure, tax status, and whether the IRS online system is available for your situation. For the most current rules, check IRS.gov and, if the setup is not simple, speak with a licensed attorney or tax professional. FoundryCounsel is not a law firm and does not give legal advice. We provide general educational information only.

The main question is usually not just whether you have an SSN. It is whether the IRS can identify the person who controls the business and whether your application matches your business records.

A few terms to know:

• LLC means limited liability company, a business structure that can separate the owner's personal liability from the business.
• C-corp means C corporation, a corporation that is taxed separately from its owners.
• S-corp means S corporation, a tax election that can allow certain corporations or LLCs to be taxed under special pass-through rules if they qualify.
• EIN means Employer Identification Number, the federal tax ID number for the business.

You may need an EIN to open a business bank account, hire workers, file certain tax forms, or register with state agencies. But getting an EIN is different from forming the business with a state. If you have not formed your company yet, see how to form an LLC in the US or LLC vs corporation: which is right.

Generic example: A new business owner moves to the US and forms a Texas LLC for an online service business. The owner does not have an SSN yet. The owner may still be able to apply for an EIN for the LLC through the IRS process that fits applicants without an SSN.

That does not mean every application will be accepted the same way or on the same timeline. IRS processing methods can change, and mistakes on the form can slow things down.

Be careful with anyone who promises a guaranteed EIN or asks you to share sensitive personal information through a web form. If you want help finding a lawyer, only send contact details and a short description of the issue through get matched. Do not send your SSN, ITIN, EIN, immigration status, bank account numbers, or confidential business secrets.

1. Confirm your business type and state filing status with your Secretary of State.
2. Review the current EIN instructions on IRS.gov and the Form SS-4 process.
3. If your ownership, immigration, or tax situation is unusual, talk to a licensed attorney or tax professional before filing.
4. If you want help finding a lawyer, use our free matching service at get matched or learn more about how it works.

If your question is really about the EIN process itself, what is an EIN and how to get one may help. If you also need help choosing the right business setup, visit our services page.