Form SS-4 Instructions

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PDF Editor FAQ

Can a non lawyer serve as a Third Party Designee, for the purpose of obtaining an EIN for a person without a SSN or ITIN?

Yes, a non-lawyer can serve as a Third Party Designee to obtain an Employer Identification Number on behalf of someone who lacks a social security number (SSN).As the Internal Revenue Service states in its Form SS-4 instructions[1]:Third Party Designee.Complete this section only if you want to authorize the named individual to answer questions about the completion of Form SS-4 and receive the entity’s newly assigned EIN. You must complete the signature area for the authorization to be valid. The designee’s authority terminates at the time the EIN is assigned and released to the designee. EINs are released to authorized third party designees by the method they used to obtain the EIN (online, telephone, or fax); however, the EIN notice will be mailed to the taxpayer.There is no statement that the Designee must be a lawyer.Footnotes[1] Instructions for Form SS-4 (12/2017)

What documents are needed for an EIN?

The information that one needs to apply for an Employer Identification Number (EIN) is specified on Form SS-4. Instructions are at https://www.irs.gov/pub/irs-pdf/iss4.pdf.If you have a U.S. social security number, the easiest way to obtain an EIN (in effect, to provide SS-4 information) is online at Apply for an Employer Identification Number (EIN) Online.If you don’t have a social security number, then you will need to fax the SS-4 to the Internal Revenue Service - along with formation documentation if the EIN is being obtained for a legal entity, such as a corporation or limited liability company. For more information, please see Foreign Company Alert: Obtaining an EIN may be your Biggest Challenge in the U.S.

Internal Revenue Service (IRS): Would it be possible to obtain an EIN as non-resident alien even if there's no tax treaty between my country and US?

Believe it or not in 35+ years in public accounting I’ve never been asked that question. Read the instructions for form SS-4 the application form for an EIN.

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