Can You Get an EIN Without an SSN? Yes - Here's How
Yes. You can get an EIN without an SSN. The responsible party can use an Individual Taxpayer Identification Number (ITIN) in place of an SSN, and applicants who have neither an SSN nor an ITIN apply by phone, fax, or mail with IRS Form SS-4 - international applicants call the IRS at +1-267-941-1099. An EIN itself is always free.
Quick Answer
- Answer
- Yes - an SSN is not required to get an EIN
- With an ITIN
- Use it in place of an SSN; the online tool works
- No SSN and no ITIN
- Apply by phone, fax, or mail with Form SS-4
- International phone
- +1-267-941-1099 (not toll-free)
- Form SS-4 line 7b
- Enter "Foreign" or N/A if ineligible for an SSN/ITIN
- Cost
- $0 - the IRS never charges for an EIN
The General Rule: An EIN Uses a Taxpayer ID, Not Specifically an SSN
An Employer Identification Number (EIN) is a 9-digit federal tax ID the IRS assigns to a business. Getting one does not require the applicant to hold a Social Security number. What the IRS requires is that the entity's responsible party - the person who owns or controls the business and its funds - supply a taxpayer identification number. The IRS states that you must "list the name and taxpayer ID number (Social Security number or individual tax ID number) of your responsible party." An ITIN satisfies that requirement just as an SSN does.
This structure traces to 26 U.S. Code § 6109, which directs the Secretary of the Treasury to prescribe identifying numbers for tax purposes. The three identifying numbers the Treasury issues - the SSN, the EIN, and the ITIN - are alternatives, not prerequisites for one another. An ITIN exists precisely so that people who are not eligible for an SSN can still meet federal tax obligations. So the SSN is one accepted identifier for the responsible party, not a gate that a no-SSN applicant cannot pass.
Two facts follow. First, if the responsible party has an ITIN, the process is identical to an SSN holder's, including the online tool. Second, if the responsible party has neither number, the IRS still issues the EIN - just through a different filing channel, covered below.
Who This Applies To: ITIN Holders and Foreign Business Owners
People who get an EIN without an SSN generally fall into two groups, and the path differs slightly for each:
- ITIN holders. Resident and nonresident aliens who already have an ITIN - for example, a foreign national who files a US tax return or who formed a US LLC - use the ITIN wherever an SSN would go. The IRS instructions say plainly: "If you're an alien individual with an ITIN previously assigned to you, enter the ITIN in place of a requested SSN." These applicants can use any method, including the fast online EIN Assistant.
- Foreign owners with no SSN and no ITIN. Non-US residents forming or owning a US entity often have neither number. They cannot use the online tool, but they can still get an EIN by phone, fax, or mail. On the form, they indicate that no SSN or ITIN applies.
The responsible party must be a natural person (an individual), not a company - the only exception is government entities, which may list an EIN for the responsible party. The IRS does not allow a paid nominee or filing service to be named as the responsible party in place of the true owner. That rule holds whether the responsible party uses an SSN, an ITIN, or "Foreign."
Using an ITIN Instead of an SSN
An ITIN is a 9-digit number the IRS issues to individuals who need a US taxpayer ID for federal tax purposes but are not eligible for an SSN. For the purpose of applying for a business EIN, an ITIN works everywhere an SSN would: on Form SS-4 line 7b, in the online EIN Assistant, and on fax or mail applications. An ITIN-holding responsible party therefore gets the same immediate online issuance an SSN holder does.
If you do not yet have an ITIN and want one, you apply on Form W-7, usually attached to a federal tax return. See how to get an ITIN and what an ITIN is for the full process. Important: you do not have to obtain an ITIN before getting a business EIN - see the section below. The ITIN route matters mainly if you separately need to file a personal US tax return.
How to Apply for an EIN Without an SSN
The right method depends on whether the responsible party has an ITIN. Applicants with an ITIN have every option; applicants with neither an SSN nor an ITIN use phone, fax, or mail.
| Your situation | Method | Processing time |
|---|---|---|
| Responsible party has an ITIN, US principal business | Online EIN Assistant | Immediate on approval |
| No SSN, no ITIN - international applicant | Phone: +1-267-941-1099 (not toll-free) | During the call |
| No SSN, no ITIN | Fax Form SS-4 (include a return fax number) | ~4 business days |
| No SSN, no ITIN | Mail Form SS-4 | ~4 weeks |
The online EIN Assistant is fastest but has a hard requirement: the responsible party must have a valid SSN or ITIN, and the principal business must be in the US or a US territory. If you meet that, complete the interview in one session (it expires after 15 minutes of inactivity) and the EIN is issued immediately. You can apply for only one EIN per responsible party per day.
If the responsible party has no SSN and no ITIN, skip the online tool and file Form SS-4 directly. International applicants - those with no legal residence or principal place of business in the US - may call the IRS at +1-267-941-1099 (not a toll-free number), 6:00 a.m. to 11:00 p.m. Eastern time, Monday through Friday, and obtain the EIN on the call. You can also fax the completed form (about 4 business days when you include a return fax number) or mail it (about 4 weeks). Confirm current fax numbers and the Cincinnati, Ohio mailing address in the IRS Instructions for Form SS-4 before sending, because they change periodically.
What to Put on Line 7b of Form SS-4
Line 7b of Form SS-4 asks for the responsible party's "SSN, ITIN, or EIN." How you complete it depends on which number the responsible party has:
- Has an SSN: enter the SSN.
- Has an ITIN (no SSN): enter the ITIN in place of the SSN.
- Has neither, and is ineligible to obtain either: enter "Foreign" or N/A. The IRS instructions direct: "Enter 'foreign' or N/A on line 7b if the responsible party doesn't have and is ineligible to obtain an SSN or ITIN."
- Government entity: may enter an EIN for the responsible party; otherwise an SSN or ITIN is required.
Because the "Foreign"/N/A option is not accepted by the online system, this line is exactly why no-SSN, no-ITIN applicants file by phone, fax, or mail instead of online. Everything else on Form SS-4 - legal name, entity type, reason for applying, address - is completed the same way regardless of which identifier the responsible party uses.
You Don't Need an ITIN First to Get a Business EIN
A common misconception is that a foreign founder must obtain an ITIN before applying for a business EIN. That is not correct. Because Form SS-4 line 7b accepts "Foreign" or N/A when the responsible party is ineligible for an SSN or ITIN, a non-US owner can get the business EIN with neither personal number in hand. The EIN belongs to the business; the ITIN belongs to the individual, and they are obtained for different reasons.
You would pursue an ITIN separately if you personally need to file or be listed on a US tax return - for instance, to report income from the business or to be claimed on a return. Getting an ITIN through Form W-7 typically takes about 7 weeks (9 to 11 weeks during peak season or from overseas), so requiring it first would needlessly delay forming and banking a business. If you already have or want an ITIN, it simply unlocks the faster online EIN route.
Common Mistakes and Scams to Avoid
- Paying a third-party site. The IRS states plainly: "You never have to pay a fee for an EIN." Services that "get your EIN" for a fee just file the free Form SS-4 for you. This is true for no-SSN applicants too - the phone, fax, and mail routes are all free.
- Assuming you must get an ITIN first. As above, you can get a business EIN with "Foreign" on line 7b; you do not need an ITIN in hand.
- Trying the online tool with no SSN or ITIN. The EIN Assistant will not complete without a valid SSN or ITIN. Use phone, fax, or mail instead of buying a workaround.
- Naming a nominee or filing service as the responsible party. The IRS requires the true individual who controls the entity, whether they use an SSN, ITIN, or "Foreign."
- Using a fake or borrowed SSN. Never enter someone else's SSN. The legitimate path for a no-SSN applicant is line 7b "Foreign" plus a non-online filing method.
What You Still Can't Do Without an SSN
Getting the EIN is only about the business's tax ID. An EIN obtained without an SSN does not change your personal tax or immigration status. Specifically, holding an ITIN (or using "Foreign" on line 7b) does not, by itself:
- Authorize you to work in the US;
- Provide or change immigration status;
- Qualify you for Social Security benefits or the Earned Income Tax Credit; or
- Serve as identification outside the federal tax system.
You also cannot use the immediate online EIN tool if the responsible party has no SSN and no ITIN - that route is reserved for SSN or ITIN holders, so plan for the ~4-business-day fax turnaround or a phone call. And an EIN is a federal number: it is not a state tax ID, so you may still need to register with your state's revenue and labor agencies. See your state formation guide for those steps.
Frequently Asked Questions
Can a non-US resident get an EIN?
Yes. A non-US resident with no SSN or ITIN can get an EIN by phone, fax, or mail using Form SS-4. International applicants may call the IRS at +1-267-941-1099 (not toll-free), Monday to Friday, 6:00 a.m. to 11:00 p.m. Eastern time.
Do I need an ITIN before I apply for an EIN?
No. You do not need an ITIN first to get a business EIN. If the responsible party has no SSN or ITIN, apply by phone, fax, or mail and enter "Foreign" or N/A on line 7b of Form SS-4. An ITIN is only needed to file a personal tax return.
Can I use the online EIN tool without an SSN?
Only if the responsible party has an SSN or ITIN. The IRS online EIN Assistant requires a valid SSN or ITIN. Applicants with neither must use the phone, fax, or mail method with Form SS-4.
Can a responsible party use an ITIN instead of an SSN?
Yes. The IRS instructions state that an alien individual with an ITIN previously assigned enters the ITIN in place of a requested SSN on line 7b of Form SS-4. An ITIN-holding responsible party can also use the online EIN tool.
How much does it cost to get an EIN without an SSN?
Nothing. The IRS issues EINs for free by every method. The IRS warns you never have to pay a fee for an EIN, so avoid third-party sites that charge to file the free Form SS-4 for you.
Related
- How to get an EIN (paired step-by-step guide)
- What is an EIN?
- What is an ITIN?
- How to get an ITIN (Form W-7)
- How to form an LLC (cluster hub)
- Do I need an EIN to open a business bank account?
- ITIN vs SSN: what's the difference?
- Glossary: EIN · ITIN · responsible party
Sources
- IRS - Get an Employer Identification Number (free; who needs one; apply online/phone/fax/mail).
- IRS - Apply for an EIN Online (online tool requires responsible party's SSN or ITIN; immediate issuance; 15-minute timeout; one-per-day; US principal business).
- IRS - Instructions for Form SS-4 (line 7b "Foreign"/N/A; ITIN in place of SSN; international phone +1-267-941-1099; fax ~4 days; mail ~4 weeks).
- IRS - About Form SS-4 (form title and purpose).
- IRS - Form SS-4 (PDF) (line 7b "SSN, ITIN, or EIN").
- IRS - Responsible Parties and Nominees (responsible party must be a person with an SSN or ITIN; nominee rule).
- IRS - Individual Taxpayer Identification Number (ITIN definition; does not authorize work, immigration status, or Social Security benefits).
- IRS - How Do I Apply for an ITIN? (Form W-7; ~7-week processing).
- IRS - About Form W-7 (ITIN application for those ineligible for an SSN).
- IRS - Publication 1635, Understanding Your EIN.
- IRS - Do You Need a New EIN?
- Cornell Legal Information Institute - 26 U.S. Code § 6109, Identifying numbers (SSN/EIN/ITIN prescribed by the Secretary).
LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. This is general information, not legal or tax advice. Laws and IRS procedures change; verify current requirements with the IRS before acting.