< Back to IRS

Aidan Percy

Form SS-4: How to request an EIN for disregarded entity LLC with non-individual owner?

I recently set up two LLCs for different purposes and I'm completely stuck trying to get EINs for them. One LLC is owned by a grantor trust I established last year, and the other is owned by a family partnership. Both LLCs are disregarded entities for tax purposes. I've been trying to complete Form SS-4 to request EINs, but I'm running into a weird catch-22 situation. The form seems to assume that for a disregarded LLC, the responsible party should be the owner. That makes sense. BUT... the instructions specifically say the responsible party must be an individual with an SSN or ITIN. So how do I properly complete Form SS-4 when the true owner is not an individual but instead is a trust or partnership? Do I list myself (as trustee/partner) as the responsible party even though I'm not technically the owner? I also tried using the online EIN application portal but got stuck at the same point. It doesn't seem to have a clear option for my situation. Has anyone successfully navigated this before? How did you handle the responsible party section for an LLC that's a disregarded entity but owned by a non-individual?

This is a common issue when dealing with LLCs that are disregarded entities but owned by non-individuals. Here's how to approach it: For the LLC owned by a grantor trust: Since a grantor trust is essentially treated as an extension of the grantor for tax purposes, you would list the grantor (the individual who created and funds the trust) as the responsible party on Form SS-4. This is because the grantor is considered the true owner for tax purposes. For the LLC owned by a non-grantor trust, corporation, or partnership: In this case, you should list an individual who is a "responsible party" for the owning entity. This would typically be a trustee (for a trust), a corporate officer (for a corporation), or a general partner (for a partnership). The key is that you need to provide an individual with an SSN or ITIN who has significant management authority. On Line 7a of Form SS-4, you'll mark "Other" and then write in the appropriate description (e.g., "Single-Member LLC owned by a Partnership"). In Line 7b, you can provide the EIN of the owning entity.

0 coins

Norman Fraser

•

Thanks for this explanation! Quick follow up - when I list myself as trustee as the responsible party, do I need to somehow indicate I'm signing as a trustee rather than in my personal capacity? Also, does doing it this way affect my personal liability at all?

0 coins

When listing yourself as a trustee as the responsible party, you don't necessarily need to indicate your capacity as trustee on the form itself - the IRS understands you're completing it in your fiduciary capacity based on how you complete the rest of the form. However, for clarity, some practitioners add "Trustee" after their name on signature lines when available. Being listed as the responsible party on an EIN application doesn't generally affect your personal liability. Your liability is determined by state law regarding trustees and the terms of the trust document itself, not by your role as responsible party for IRS purposes. The responsible party designation is primarily for IRS contact purposes.

0 coins

Kendrick Webb

•

I went through this exact headache last year! I finally found a solution using https://taxr.ai - it's this digital tax assistant that walks you through the entire SS-4 process step by step. I uploaded my LLC operating agreement and trust documents, and it analyzed everything and showed me exactly how to fill out the form correctly. The best part was that it explained that for a disregarded entity owned by a non-individual, you need to list an individual with control authority (like a trustee) as the responsible party while still identifying the true owner's EIN in section 7b. It also generated a cover letter explaining the ownership structure to include with my SS-4 submission, which I think helped avoid any confusion at the IRS. Made the whole process way easier than the hours I spent searching through conflicting advice online.

0 coins

Hattie Carson

•

That sounds interesting. Did it actually work? I mean, did you get your EIN without any issues after using this tool? I'm dealing with a similar situation but with an LLC owned by my S-Corp and I'm afraid of doing it wrong.

0 coins

How does it handle the online application situation? I tried using the IRS portal but it doesn't seem equipped for these more complex ownership structures. Does taxr.ai help with just the paper form or can it somehow make the online application work?

0 coins

Kendrick Webb

•

Yes, it absolutely worked! I received my EIN within about two weeks after mailing in the form with the cover letter it created. No follow-up questions from the IRS, which was a relief since I was expecting complications. For the online application, you're right that the IRS portal isn't designed well for complex structures. Taxr.ai actually recommended I use the paper application for my specific situation because the online portal is too limited. It explained that certain ownership structures (like disregarded entities with non-individual owners) are better handled through paper filing to avoid confusion. The tool filled out the PDF form for me, which I printed and mailed in.

0 coins

Just wanted to follow up and say I used taxr.ai after seeing the recommendation here and it was incredibly helpful. I was hesitant at first but decided to try it for my family office LLC (owned by our family trust). The system identified exactly where I was getting stuck on Form SS-4 and provided clear guidance. The most valuable part was the explanation of why the IRS requires an individual responsible party (for contact and compliance purposes) even though the actual owner is a non-individual entity. It generated the completed SS-4 with the trustee as responsible party while properly noting the trust's EIN in box 7b. I submitted the application last month and just received my EIN letter yesterday with no issues. Definitely worth checking out if you're dealing with this specific situation.

0 coins

Dyllan Nantx

•

After trying for weeks to get someone on the phone at the IRS to help with this exact issue, I found https://claimyr.com and used their service to get through to an IRS representative. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they hold your place in the IRS phone queue and call you when an agent picks up. I explained my situation to the IRS rep (LLC owned by a non-grantor trust), and she confirmed that I should list myself as the trustee for the responsible party section, but include the trust's EIN in section 7b. She also mentioned that the paper form actually works better for these situations than the online application, which isn't set up well for complex entity structures. Saved me hours of hold time and got a definitive answer straight from the IRS.

0 coins

How does this service actually work? Sounds like black magic to get through to the IRS these days. My accountant told me it's practically impossible to reach them by phone.

0 coins

Anna Xian

•

Sounds sketchy to me. Why would you give your information to some random company just to talk to the IRS? I'd rather just mail in the form with a cover letter explaining the situation. Seems safer than whatever this service is claiming to do.

0 coins

Dyllan Nantx

•

The service works by using technology to navigate the IRS phone system and wait in the queue for you. They've developed a system that dials repeatedly and navigates all the prompts, then calls you when a human agent picks up. You're not giving them any sensitive tax information - they're just connecting the call. I completely understand the skepticism - I felt the same way! But I was desperate after trying for weeks to get through on my own. The reality is that they're just handling the phone navigation and waiting part. When the IRS agent actually answers, you're the one who speaks with them directly. No different than having an assistant dial for you, except this is automated. In my situation, I needed clarification from an actual IRS agent before submitting my form, and this was the only practical way to get it.

0 coins

Anna Xian

•

I need to eat crow here. After my skeptical comment about Claimyr, I decided to just try calling the IRS myself to ask about my LLC/trust situation. After THREE DAYS of trying (getting disconnected twice after waiting 1+ hours), I broke down and tried the service. Got connected to an IRS agent in about 45 minutes without having to actually sit on hold. The agent confirmed exactly what was mentioned above - for my LLC owned by a corporation, I should list myself (as a corporate officer) as the responsible party, include the corporation's EIN in section 7b, and check "Other" in 7a with a written explanation of the structure. The agent also explained why the online application system doesn't handle these situations well - it was designed primarily for simpler business structures. For anything involving disregarded entities with non-individual owners, they actually prefer paper applications with clear explanations. So yeah, I was wrong about the service - it genuinely saved me a ton of time.

0 coins

One important thing that hasn't been mentioned yet - if you're dealing with an LLC owned by a non-grantor trust that hasn't gotten its own EIN yet, you need to get the EIN for the trust FIRST, then apply for the LLC's EIN. I learned this the hard way when I tried to do everything at once. The IRS returned my application because I couldn't provide the owner's EIN in section 7b. The sequencing matters here - you have to establish the tax identity of the owner before you can properly document the relationship of the disregarded entity.

0 coins

Aidan Percy

•

That's really helpful, thanks! I actually haven't gotten an EIN for the family partnership yet either. So it sounds like I need to get that first, then apply for the LLC's EIN? Does the same apply for the grantor trust situation too?

0 coins

For the family partnership, yes - you definitely need to obtain the partnership's EIN first before applying for the LLC's EIN. This creates the proper linkage in the IRS systems. For the grantor trust situation, it's a bit different. If it's a true grantor trust, it may not need its own EIN at all (depending on the specific circumstances) since it's essentially treated as an extension of the grantor for tax purposes. In that case, you would use the grantor's SSN as the taxpayer identification number of the LLC's owner. However, if the grantor trust already has its own EIN for any reason, then yes, you would use that EIN when applying for the LLC's EIN.

0 coins

Rajan Walker

•

Has anyone successfully completed this through the online application portal? I tried but got stuck at the "Who owns the LLC?" question. There's no option for "trust" or "partnership" - just individuals and existing corporations. Do I seriously have to use the paper form and wait weeks for processing?

0 coins

I tried the online portal for my LLC (owned by an irrevocable trust) and hit the same wall. After some research and a call with my accountant, I ended up using the paper form. It's definitely a pain but it worked - took about 3 weeks to get the EIN back. The online system just isn't designed for these more complex ownership situations.

0 coins

I've been dealing with this exact scenario for my practice and wanted to add some clarification on the responsible party requirements. The IRS actually issued updated guidance in 2016 (Rev. Proc. 2016-21) that addresses this specific situation. For disregarded entities owned by non-individuals, the responsible party must be an individual who has "significant control" over the owning entity. This means: - For a trust-owned LLC: Use a trustee (not a beneficiary) - For a partnership-owned LLC: Use a general partner or managing member - For a corporation-owned LLC: Use an officer, director, or controlling shareholder The key is that this individual must have authority to make decisions for the owning entity. You're not claiming to be the owner - you're identifying yourself as the controlling person of the actual owner. Also, make sure to include a brief explanatory statement with your paper application describing the ownership structure. Something like: "Single-member LLC owned by [Name of Trust/Partnership], disregarded entity for federal tax purposes." This helps prevent processing delays. The paper route is definitely your best bet here. The online system hasn't caught up with these complex structures yet.

0 coins

Lucas Turner

•

Thank you so much for citing the actual Revenue Procedure! This is exactly the kind of authoritative guidance I was hoping to find. I've been going in circles trying to figure out the "significant control" requirement. For my situation with the grantor trust-owned LLC, I'm both the grantor and the trustee, so that seems straightforward. But for the partnership-owned LLC, I'm just one of several partners (though I am designated as the managing partner in our partnership agreement). Based on Rev. Proc. 2016-21, it sounds like my role as managing partner would qualify me as having "significant control" - is that your understanding as well? Also, do you happen to know if there's a specific format the IRS prefers for that explanatory statement, or is a simple one-sentence description like you suggested sufficient?

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today