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ITIN vs EIN: which tax ID a person or a business needs

ITIN vs EIN is the difference between a tax number for a person and a tax number for a business. An ITIN never belongs to an LLC or another company. The company uses an EIN. You use an ITIN only if you personally have to file and you can't get a Social Security number.

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By · Founder of ITIN Club

Updated 7 min read

  • IRS
  • LLC

Ask members who've already done this.

ITIN
A person, from the IRS
EIN
A business, free from the IRS
Online EIN
Needs an SSN or ITIN
Without either ID
Phone, fax, or mail

ITIN vs EIN at a glance

A TIN is the family name. A Social Security number, an EIN, an ITIN, an ATIN, and a PTIN are all TINs. The ITIN and the EIN are the two people mix up, because both come from the IRS and neither is a Social Security number.

An ITIN identifies a person who can't get an SSN. An EIN identifies a business or other entity.
ITINEIN
Who it belongs toAn individualA business, tax-exempt organization, estate, or trust
What it's forA federal tax purpose when you can't get an SSNEmployment taxes, certain excise taxes, and operating an entity the IRS lists
FormForm W-7Form SS-4
IRS feeNone. Some acceptance agents chargeNone. The IRS says you never have to pay for an EIN
How you applyMail, a Taxpayer Assistance Center, or an acceptance agent. Not an online IRS formOnline in minutes if you qualify, or by phone, fax, or mail
Work authorizationNoNo. It identifies the business. It does not authorize you to work

If you are choosing between an ITIN and a Social Security number for yourself, start with ITIN number vs SSN. This page is about the business number.

The ITIN is only for a person

You need an ITIN if
  • You have a federal tax reason and you are not eligible for an SSN
  • You are a nonresident or resident alien, or a spouse or dependent in that position
  • You will file your own return, or someone will claim you for an allowable tax benefit
An ITIN is the wrong tool if
  • You only want to open a bank account, sell online, or start a business. The IRS will not issue an ITIN just for that
  • The business itself needs a tax ID. That ID is an EIN
  • You can get a Social Security number. Apply for that instead

How the personal application works is in how to get an ITIN.

The EIN is the business tax ID

You need an EIN if you have employees, if you withhold tax on income other than wages paid to a nonresident alien, or if you pay employment, excise, or alcohol, tobacco, and firearms taxes. You also need an EIN to operate a partnership, an LLC, a corporation, a tax-exempt organization, an estate, or a trust, among the entities the IRS lists.

You can still request an EIN for a bank account or for state tax even when federal tax rules don't force one. The IRS says an EIN is not for unrelated uses such as a state tax-lien auction.

Apply online when all of this is true
  • The business was formed in the United States or a US territory
  • Its principal place of business is in the United States or a US territory
  • You are the responsible party, or you have authorization to apply
  • The responsible party has an SSN or an ITIN
Apply by phone, fax, or mail when
  • The principal place of business is outside the United States
  • The responsible party has no SSN and no ITIN
  • International applicants call 267-941-1099, Monday through Friday, 6 a.m. to 11 p.m. Eastern time. That call is not toll-free

The online tool is free and, if the IRS approves the application, it issues the EIN immediately. Finish it in one session. You can apply for only 1 EIN per responsible party per day. A faxed Form SS-4 comes back in about 4 business days if you include a return fax number. A mailed Form SS-4 takes about 4 weeks. You can use a new EIN right away to open a bank account. Wait up to 2 weeks before you e-file a return or pay tax electronically.

Beware of sites that charge for an EIN. The IRS issues it for free.

Opening the company from abroad?

Ask members whether they got the EIN by phone and whether the bank asked for an ITIN as well.

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Can a business or an LLC have an ITIN?

No. A business cannot have an ITIN. An ITIN is issued only to an individual. An LLC does not have an ITIN either. If the LLC needs a federal tax ID of its own, that ID is an EIN.

  • Can a business have an ITIN? No. Ask for an EIN when the IRS says the entity needs one.
  • Do LLCs have an ITIN? No. A domestic LLC with 2 or more members is a partnership for federal income tax unless it elects to be taxed as a corporation, and it needs an EIN.
  • Does a single-member LLC need an EIN? For income tax, a disregarded single-member LLC with no employees and no excise tax does not. It uses the owner's SSN or EIN. It can still get an EIN for a bank account or because the state requires one. Most new disregarded single-member LLCs will need an EIN. Employment tax always uses the LLC's own EIN.
  • Do you need an ITIN for your business? You need one for yourself if you must file a personal US return and you can't get an SSN. The LLC's number is still the EIN. You also need an SSN or ITIN if you want to apply for that EIN online.
  • Is an EIN better than an SSN? They are not substitutes. Your personal return uses your SSN or ITIN. The business uses its EIN when the IRS requires one, including for employees.

A disregarded single-member LLC owned by an individual reports the activity on the owner's Form 1040 or 1040-SR, usually on Schedule C, E, or F. The owner who can't get an SSN uses an ITIN on that personal return. The W-9 for a disregarded LLC generally shows the owner's SSN or EIN, not a separate ITIN belonging to the company.

Personal bank accounts that accept an ITIN are covered in opening a US bank account. For the company, banks ask for the EIN.

How to get the one you need

  1. 1

    Decide which ID is missing

    If you personally can't get an SSN and you have a federal tax reason, you need an ITIN. If the company needs to hire, open an entity account, or file entity taxes, you need an EIN. Many foreign owners need both, for different reasons.

  2. 2

    Get the EIN even if the ITIN is still pending

    International applicants, and responsible parties with no SSN or ITIN, apply for the EIN by phone at 267-941-1099, or by fax or mail. You do not have to wait for the ITIN to give the business its EIN.

  3. 3

    Get the ITIN when a personal return needs it

    File Form W-7 with the return, or with the proof of an exception. Allow 7 weeks for the IRS notice, or 9 to 11 weeks from January 15 through April 30 or from abroad. The steps are in how to get an ITIN.

Free tool

Questions

Is the ITIN the same as an EIN?
No. An ITIN identifies a person who can't get an SSN. An EIN identifies a business or other entity. Both are taxpayer identification numbers, and they are not interchangeable.
Do I need an ITIN for my business?
Not for the business itself. The business needs an EIN when the IRS rules above apply, and it can request one for a bank. You need an ITIN if you, the owner, must file a US return and can't get an SSN, and you need an SSN or ITIN to use the online EIN application.
Is an EIN the same as a TIN?
An EIN is one kind of TIN. TIN is the umbrella for an SSN, an EIN, an ITIN, an ATIN, and a PTIN. Saying "TIN" alone does not tell you which one a form wants.
Is it better to use an EIN or an SSN?
Use your SSN, or your ITIN if you can't get an SSN, on your personal return. Use the EIN for the business when the entity has to have one, including when it has employees. One does not replace the other.
Can a business have an ITIN?
No. The IRS issues an ITIN only to an individual, and not merely because someone wants to start a business.
Do LLCs have an ITIN?
No. An LLC gets an EIN if it needs a federal ID. A one-member LLC that is disregarded, has no employees, and has no excise tax can use the owner's SSN or EIN for income tax, and most new ones still get an EIN.
Can I use an ITIN to open a business bank account?
The IRS says you can use an EIN immediately to open a bank account. It does not say an ITIN is a business bank ID. Whether a bank also wants the owner's ITIN is that bank's rule. Give the bank the EIN for the company.
Do I need both an ITIN and an EIN?
Often, yes, if you own a US entity, you can't get an SSN, and you have a personal filing requirement. The EIN belongs to the entity. The ITIN belongs to you. You can apply for the EIN by phone, fax, or mail before the ITIN arrives.

Sources

  1. IRS: employer identification numberirs.gov
  2. IRS: apply for an EIN onlineirs.gov
  3. IRS: single-member limited liability companiesirs.gov
  4. IRS: taxpayer identification numbersirs.gov
  5. IRS: individual taxpayer identification numberirs.gov
  6. IRS: ITIN topicirs.gov

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