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ShadowHunter

How to Change EIN Responsible Party To Foreign Non-Resident Without SSN or ITIN

I recently acquired a US-based company and need to change the EIN responsible party to myself. The issue is that I'm not a US resident and don't have a Social Security Number (SSN) or Taxpayer Identification Number (TIN). When looking at Form 8822-B, it's asking for my name but also requires a US SSN which I don't have (and honestly would prefer not to get if possible). What's the best approach to get the company EIN transferred to me as the new responsible party? My options seem to be: - Apply for an SSN as a non-resident alien not living in the USA (is this even possible?) - Submit Form 8822-B without an SSN and wait for the IRS to respond - Send a fax explaining my situation and wait for their response Has anyone dealt with this specific situation before? Any advice would be greatly appreciated since I'm completely stuck on how to proceed with the EIN responsible party change.

Diego Ramirez

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This is a common situation for foreign business owners. You can't get an SSN as a non-resident alien who doesn't live in the US. What you need is an Individual Taxpayer Identification Number (ITIN), which is specifically designed for foreign nationals who have US tax filing requirements but aren't eligible for an SSN. To change the EIN responsible party, you'll need to: 1. Apply for an ITIN using Form W-7 (Application for IRS Individual Taxpayer Identification Number) 2. Once you receive your ITIN, complete Form 8822-B using that number 3. Submit the completed 8822-B to update the responsible party information You can't really avoid getting some form of US tax ID number if you're going to be the responsible party for a US business entity. The IRS needs a way to identify and track responsible parties.

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ShadowHunter

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Thank you for clearing that up! I was confused about whether I needed an SSN or if there was another option. So I need to apply for an ITIN first using Form W-7 before I can even submit the 8822-B? Do you know roughly how long the ITIN application process takes? I'm worried about this whole process taking many months.

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Diego Ramirez

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Yes, you'll need to get the ITIN first before you can properly complete Form 8822-B. The ITIN application process typically takes about 7-11 weeks if you submit all the required documentation correctly. The process can be longer if there are issues with your documentation or during peak tax seasons. I recommend submitting the W-7 with certified copies of your identification documents as soon as possible. Once you have your ITIN, the 8822-B processing should take an additional 4-6 weeks.

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Had a similar situation last year when I bought a manufacturing company in Texas. I found a great solution at https://taxr.ai - they helped me navigate the entire ITIN application and EIN responsible party change. Their document analysis saved me from making several critical mistakes on my application. I initially thought I could just submit the 8822-B without a tax ID, but they showed me exactly how to complete the W-7 ITIN application properly first. They even helped me understand which supporting documents would speed up my application and which common mistakes to avoid.

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Sean O'Connor

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Does taxr.ai handle the whole application process or do they just give advice? I'm in a similar situation with an LLC purchase and wondering if they can expedite things.

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Zara Ahmed

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I'm skeptical about these services. Couldn't you have just followed the IRS instructions on the W-7 form? What exactly did they do that was worth paying for?

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They don't submit the application for you - they analyze your documents and provide specific guidance. For example, they pointed out that I needed to include a tax return with my W-7 application to establish my need for an ITIN, which I didn't realize. Their AI analyzed my specific situation and provided customized instructions for completing every field on both forms correctly. They also explained which supporting documents would work best for my country of residence and identified several errors in my draft application that would have caused delays.

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Zara Ahmed

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Just wanted to follow up - I decided to try taxr.ai after my skepticism and I'm genuinely impressed. They provided a detailed analysis of my documentation and found several issues I would have missed. My W-7 application was approved in just 6 weeks (much faster than I expected), and I've already submitted my 8822-B with my new ITIN. Their document review identified that I was using the wrong proof of foreign status, and they provided country-specific guidance for my situation in Australia. They even explained how to properly handle the supporting letter explaining my need for an ITIN as a business owner without US presence. Definitely saved me months of back-and-forth with the IRS.

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Luca Conti

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If you're still struggling with the IRS after submitting your paperwork, I highly recommend https://claimyr.com for getting through to an actual human at the IRS. I spent WEEKS trying to follow up on my ITIN application and EIN responsible party change last year. After using Claimyr, I was connected to an IRS agent in under 45 minutes instead of waiting on hold for 3+ hours (only to get disconnected). The agent was able to check my application status and explain exactly what additional documentation they needed. You can see how it works here: https://youtu.be/_kiP6q8DX5c Don't waste your time with endless redials and hold music - especially being overseas where the time difference makes calling the IRS during business hours a nightmare.

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Nia Johnson

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Wait, how does this actually work? I'm confused how they can get you through faster than just calling the IRS directly. Does this violate any IRS rules?

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CyberNinja

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This sounds like complete BS to me. There's no way to "cut the line" with the IRS. They probably just redial for you and charge a fortune for something you could do yourself. Has anyone actually verified this works?

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Luca Conti

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It's completely legitimate - they use an automated system that navigates the IRS phone tree and waits on hold for you. When an agent picks up, you get a call back connecting you directly to that agent. It doesn't violate any rules because they're just handling the waiting part. They have specific expertise with the IRS phone systems and can navigate the complicated menu options more efficiently than most people. The service was especially valuable for me being in a different time zone - I could schedule when I wanted to be connected instead of staying up until 3am to call during US business hours.

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CyberNinja

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I need to eat my words from earlier. After several frustrating weeks of getting nowhere with my ITIN application follow-up, I tried Claimyr out of desperation. Got connected to an IRS agent in about 35 minutes after spending days getting busy signals and disconnects on my own. The agent I spoke with was able to locate my application and told me exactly why it was delayed - they needed additional documentation proving my foreign status. Would have never known this without actually speaking to someone. Was able to fix the issue immediately, and my ITIN arrived three weeks later. For international business owners dealing with the IRS, being able to actually speak with someone instead of sending faxes into the void is absolutely worth it.

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Mateo Lopez

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Another option worth considering - you could appoint a US person as the "responsible party" for EIN purposes. This doesn't change your ownership of the company, but it designates someone with a US SSN as the contact person for the IRS. I did this with my business partner who's a US citizen, and it simplified things tremendously. We have a written agreement stating that this administrative role doesn't affect ownership or control of the business.

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ShadowHunter

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That's actually really interesting. Would this person have any legal liabilities for the business? And would I need to go through a formal process to change it to myself later once I have an ITIN?

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Mateo Lopez

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The responsible party doesn't automatically have legal liabilities for the business - they're essentially a point of contact for the IRS. However, they are responsible for receiving tax notices and corresponding with the IRS, so you'd want someone trustworthy. Yes, you could change it to yourself later using Form 8822-B once you have your ITIN. It's a relatively simple process. Just make sure you have a clear written agreement with whoever you designate that outlines their limited role and responsibilities to protect yourself.

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Has anyone tried calling the IRS International Taxpayer Service? They have a dedicated line for international issues: +1-267-941-1000. I called them when I had a similar situation and they were surprisingly helpful. Had to wait on hold for about an hour though.

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Ethan Davis

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I tried that number last month. Waited 2.5 hours only to be told I needed to call a different department. Then got disconnected after waiting another hour on the second number. Complete waste of time.

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Dylan Cooper

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I went through this exact process last year when I acquired a Delaware LLC from overseas. Here's what worked for me: 1. **ITIN Application First** - As others mentioned, you absolutely need an ITIN before you can complete Form 8822-B. I used Form W-7 and included a letter explaining my need for the ITIN as the new responsible party of a US business entity. 2. **Documentation Tips** - Make sure you include certified copies (not originals) of your passport and any other identity documents. I also included a copy of the business purchase agreement to prove my legitimate need for the ITIN. 3. **Timeline** - My ITIN took about 9 weeks to arrive. Once I had it, the 8822-B processing was much faster - about 3 weeks. 4. **Pro Tip** - Consider mailing your W-7 application via certified mail so you have proof of delivery. The IRS processing centers can be slow to acknowledge receipt. The whole process took about 3-4 months total, but it's really the only proper way to handle this situation. Don't try to shortcut it by submitting incomplete forms - you'll just create more delays and complications down the road. Good luck with your acquisition!

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NebulaNinja

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This is incredibly helpful, thank you @Dylan Cooper! Quick question about the certified copies - did you get them certified by a US consulate or embassy in your country, or were notarized copies from a local notary sufficient? I'm trying to figure out the most efficient way to handle the documentation requirements since I'm based in Canada. Also, did you include any specific language in your letter explaining the need for the ITIN? I want to make sure I clearly establish the business purpose to avoid any delays in processing.

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@NebulaNinja Since you're in Canada, you can get your passport certified at any Canadian consulate or through a Canadian notary public - both are acceptable to the IRS. I actually used a local notary in my country (UK) and had no issues. For the letter, I kept it simple but specific. I wrote something like: "I am applying for an ITIN because I have recently acquired [Company Name], a US business entity with EIN [number], and need to update the responsible party information with the IRS using Form 8822-B. As a non-US resident, I require an ITIN to fulfill my tax obligations as the new responsible party." I also attached a copy of the purchase agreement and the existing EIN confirmation letter to support my explanation. The key is being clear about why you need the ITIN and providing documentation that backs up your claim. @Dylan Cooper - did you face any issues with the IRS questioning your foreign status or business purpose during processing?

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I went through this exact situation 6 months ago when I purchased a tech startup from California. The process definitely requires patience, but here's what I learned that might help speed things up: **ITIN Application Strategy:** - Submit your W-7 with a comprehensive business justification letter - Include copies of your business acquisition documents (purchase agreement, operating agreement, etc.) - Attach a projected tax return showing estimated business income to strengthen your case for needing an ITIN **Critical Timing Tip:** Don't wait for your ITIN to arrive before preparing your 8822-B. You can fill out everything except the ITIN field, so when your number arrives, you can immediately submit the form. This saved me about 2 weeks. **Follow-up Strategy:** Around week 6 of your W-7 processing, start calling the IRS International line (267-941-1000) weekly to check status. They can often tell you if additional documentation is needed before you receive a formal notice. The entire process took me about 11 weeks total, but the business was fully transferred without any compliance issues. It's definitely worth doing properly rather than trying workarounds that could create problems later. One last note - make sure your business continues filing any required returns during this transition period using the existing responsible party information until the change is officially processed.

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Mateo Sanchez

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This is exactly the kind of detailed guidance I was looking for! @Camila Castillo, your point about preparing the 8822-B in advance is brilliant - I hadn't thought about pre-filling everything except the ITIN field. Quick question about the projected tax return you mentioned including with the W-7 - did you prepare this yourself or did you need to have it done by a US tax professional? I'm trying to understand if there are specific formatting requirements or if a reasonable estimate of business income projections would suffice. Also, regarding continuing to file returns during the transition - should I be concerned about any potential issues with the IRS if there's a gap between when I technically took ownership and when the responsible party change is officially processed? I want to make sure I'm not creating any compliance problems during this interim period.

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