What Is a US EIN and Why Do You Need One?#
An EIN (Employer Identification Number) — also called a Federal Tax Identification Number (FEIN) — is the IRS identifier for business entities. It is a 9-digit number in the format XX-XXXXXXX. Despite the name, you do not need employees to need an EIN: it is required for any U.S. LLC, corporation, partnership, or trust for tax filing, banking, and most business compliance purposes.
For French entrepreneurs, international investors, and foreign companies with U.S. operations, an EIN is frequently the first operational step after forming a U.S. entity.
When Do You Need a U.S. EIN?#
| Situation | EIN Required? |
|---|---|
| Forming a U.S. LLC or corporation | ✅ Yes |
| Opening a U.S. business bank account | ✅ Yes (most banks) |
| Hiring U.S. employees or contractors | ✅ Yes |
| Filing U.S. business tax returns (1065, 1120, 1120-S) | ✅ Yes |
| Applying for U.S. business licenses or permits | ✅ Usually |
| Accepting payments via Stripe, PayPal Business (US) | ✅ Recommended |
| Filing Form 5472 (foreign-owned single-member LLC) | ✅ Yes |
Key Use Case: U.S. LLC Formation#
The most common reason French entrepreneurs obtain an EIN is forming a U.S. Limited Liability Company (LLC) — typically in Delaware, Wyoming, or Florida. Once the state formation is complete, the EIN is the prerequisite for:
- Opening a U.S. business bank account (Mercury, Relay, Brex, or traditional banks)
- Accepting U.S. payments via Stripe, ACH, or Wire
- Filing Form 5472 (mandatory for foreign-owned single-member LLCs since 2017)
- Filing the annual partnership return (Form 1065) for multi-member LLCs
Key Use Case: Form 5472 Compliance#
Since 2017, foreign-owned single-member U.S. LLCs must file Form 5472 annually — even with zero U.S. taxable income. The EIN is required to file Form 5472. The penalty for non-filing: a minimum $25,000 per form. This is one of the most frequently overlooked U.S. compliance requirements for French LLC owners.
EIN vs. ITIN vs. SSN#
| Number | Issued by | Issued to | Purpose |
|---|---|---|---|
| SSN | Social Security Administration | U.S. citizens and authorized workers | Personal identity + tax |
| ITIN | IRS | Foreign individuals with U.S. tax obligations | Personal tax filing only |
| EIN | IRS | Business entities | Business tax, banking, payroll |
A French founder creating a U.S. LLC needs an EIN for the entity — but may also separately need an ITIN for their own personal U.S. tax obligations (e.g., Schedule K-1 from the LLC). A foreign entrepreneur can get an EIN without an SSN or ITIN.
How to Get a US EIN from France: All Four Methods#
Method 1: Online Application — SSN or ITIN Required#
The IRS online EIN tool delivers an EIN instantly. However, the Responsible Party must have a U.S. SSN or ITIN. Without one, the online application is blocked. This method is generally unavailable to first-time French applicants.
Method 2: IRS International Phone Line — Recommended for Non-Residents#
Phone: +1 (267) 941-1099 (IRS International EIN line) Hours: Monday–Friday, 6:00 a.m.–11:00 p.m. Eastern Time Requirement: Form SS-4 must be fully completed before calling Result: EIN assigned verbally on the call + Notice CP575 mailed in 4–6 weeks
Practical tips:
- Call early morning Eastern Time (noon–1pm Paris time) to minimize hold time
- Confirm you are applying for "a domestic U.S. entity with a foreign Responsible Party"
- Write down the EIN immediately — the CP575 confirmation comes weeks later
- Typical call duration: 20 minutes to 90 minutes including hold
Method 3: Fax Submission#
Fax completed Form SS-4 to +1 (304) 707-9471 (international) or +1 (855) 215-1627 (U.S. address entities).
Processing time: approximately 4 business days. Follow up by phone if not received within 7 days.
Method 4: Mail Submission#
Mail to: Internal Revenue Service, Attn: EIN Operation, Cincinnati, OH 45999, USA
Processing time: 4–6 weeks. Not recommended unless there is no time pressure.
Form SS-4: Key Fields for Foreign Applicants#
Line 1 — Legal name: Exactly as registered in the state of formation (e.g., "Dupont Consulting LLC").
Line 4 — Mailing address: Your French personal or business address. All IRS correspondence goes here.
Line 7a — Responsible Party name: The individual who owns or controls the entity. For a sole French owner, this is you personally.
Line 7b — SSN/ITIN/EIN: If you have an ITIN, enter it. If not, write "N/A" and note your foreign status. The IRS processes the EIN by phone or fax regardless.
Line 8a — Type of entity: LLC / Corporation / Partnership, plus state of formation and number of members.
Line 9a — Reason for applying: "Started new business," "Banking purposes," or "Compliance with IRS withholding regulations."
Line 10 — Date business started: The date the state articles of organization were filed.
Line 16 — Principal activity: Brief description (e.g., "Software development," "E-commerce retail," "Real estate investment").
Special Compliance: Foreign-Owned Single-Member LLC#
A foreign-owned single-member U.S. LLC is a disregarded entity for federal tax. Since 2017, these entities must:
- Obtain an EIN for the LLC itself
- File Form 5472 annually (even with zero income transactions)
- Attach a pro-forma Form 1120 as a skeleton corporate return
Penalty for missing Form 5472: $25,000 minimum per form. Every French-owned single-member LLC must file this, starting from Year 1.
Real-World Case Studies#
Case Study 1: French Developer — Delaware LLC for USD Billing#
Situation: Thomas (Paris), a freelance developer, wants to invoice U.S. tech clients in USD via a U.S. entity.
- Single-member Delaware LLC formed via registered agent (~$150/year)
- Form SS-4 completed; IRS international phone call — EIN received in 45 minutes
- Mercury Bank account opened online using EIN
- Stripe integrated for USD client payments
- Annual Form 5472 filed — no U.S. income tax (disregarded entity; income declared in France)
Case Study 2: French Investment Group — Multi-Member Wyoming LLC#
Situation: Three French co-investors want to acquire U.S. commercial real estate via a LLC.
- Multi-member Wyoming LLC formed (low maintenance, strong privacy)
- EIN obtained via fax
- Annual Form 1065 (partnership return) + Schedule K-1 for each French member
- Each French member needs a personal ITIN to file their Form 1040-NR on the K-1 income
Common Mistakes#
1. Trying to apply online without an SSN or ITIN: The portal blocks you. Use the phone or fax route.
2. Not having Form SS-4 ready before calling: The IRS agent asks for specific fields. Unprepared callers waste hold time.
3. Failing to write down the EIN during the call: The number is given verbally. The CP575 arrives weeks later. Write it down immediately.
4. Confusing the entity EIN with a personal ITIN: The EIN belongs to the LLC; the ITIN is yours personally. Used on different IRS forms.
5. Ignoring Form 5472 for a foreign-owned LLC: The $25,000 automatic penalty surprises many first-time owners. File from Year 1.
Frequently asked questions
Does an EIN expire?+
No. An EIN is permanent. If you dissolve your LLC, the EIN is retired but never reused.
Do I need a new EIN if I change my LLC's name?+
A name change alone does not require a new EIN. A fundamental structure change (e.g., LLC converting to corporation) may.
How quickly can I open a U.S. bank account after getting my EIN?+
Mercury and Relay typically open accounts within 1–5 business days for foreign-owned LLCs with a valid EIN.
Does my single-member LLC need to file a U.S. tax return every year?+
As a disregarded entity it has no income tax return, but it must file Form 5472 (with pro-forma 1120) each year. You report LLC income on your personal French return.
Can I get an EIN if my LLC is in Wyoming but I live in France?+
Yes — the state of formation doesn't affect the EIN process. The EIN is a federal IRS number valid across all 50 states.
How Hayot Expertise Supports Your U.S. EIN Application#
Hayot-expertise.fr provides end-to-end support for French entrepreneurs with U.S. business structures:
- Strategic advice: LLC vs. corporation structure for your model
- Form SS-4 preparation: correctly completed form ready for the IRS phone or fax
- IRS call preparation and coaching: step-by-step guidance through the EIN international phone procedure
- Form 5472 annual compliance: ensuring foreign-owned LLC reporting is filed correctly and on time
- ITIN coordination: if you also need personal ITIN for Schedule K-1 / Form 1040-NR filings
- U.S. bank account guidance: recommending the right bank (Mercury, Relay, traditional)
Contact us to start your U.S. business setup.

Article written by Samuel HAYOT
Chartered Accountant, registered with the Institute of Chartered Accountants.
Regulated French accounting and audit firm based in Paris 8, built to support companies across France with a digital and decision-oriented approach.
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