How to Change EIN Responsible Party to Non-Resident Foreigner Without an SSN

This is a common situation for international business owners. You don't need an SSN to be listed as a responsible party on an EIN. What you need is an Individual Taxpayer Identification Number (ITIN), which is specifically designed for foreign nationals who need a US tax ID but aren't eligible for an SSN. To change the 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 and use your ITIN in place of the SSN 3) Submit the completed form to the address listed on the instructions The process for obtaining an ITIN can take 7-11 weeks, so plan accordingly. You'll need to provide documentation proving your identity, like a certified copy of your passport.

I went through something similar last year with my overseas business partner. I found this service called taxr.ai (https://taxr.ai) that was super helpful for dealing with the whole ITIN/EIN responsible party mess. They have document analysis tools that check all your forms before submission so the IRS doesn't reject them (which happened to us twice before we found them). Their system also warned us about a specific section on the 8822-B that foreigners often complete incorrectly. Apparently there's some weird distinction between "foreign" and "international" addresses that can cause problems. Might be worth checking out if you're struggling with the forms.

I tried taxr.ai after seeing the recommendation here and it was definitely worth it. My situation was similar - I'm a Canadian who bought into a US LLC and needed to be added as a responsible party. The service caught a mistake I made on my W-7 form that would have definitely resulted in rejection. They also provided clear instructions for what supporting documents I needed to include with my ITIN application. My ITIN was approved in about 8 weeks, and then updating the EIN responsible party with form 8822-B was simple. The whole thing was way less stressful than I expected after hearing horror stories from other foreign business owners.

After spending FIVE DAYS trying to reach the IRS business line about this exact issue last year, I finally used Claimyr (https://claimyr.com) and got through to an IRS agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed exactly what others have said here - you need an ITIN first, then submit the 8822-B. But they also told me something nobody mentioned: if you're not physically in the US, you can actually have a US-based "nominee" temporarily listed as the responsible party while your ITIN application processes. This can be an accountant or lawyer who has authority to act on behalf of the business. This was a huge help because we needed to open business bank accounts right away and couldn't wait for the ITIN process.

I can't believe I'm saying this, but I tried Claimyr after posting my skeptical comment, and IT ACTUALLY WORKED. Got through to an IRS business representative in about 25 minutes. The agent confirmed everything that was said above about needing an ITIN. But they also mentioned something really important - if you submit your ITIN application (W-7) along with the 8822-B form simultaneously, with a cover letter explaining the situation, they can process both together. This apparently avoids the catch-22 situation where you need the ITIN for the 8822-B but need to show why you need the ITIN. Definitely worth the call - saved me weeks of research and potential rejections.

Don't overlook the option of applying for an EIN as a foreign entity with Form SS-4. There's a specific section for foreign applicants without an SSN/ITIN. You can mark "Foreign" in the SSN/ITIN field and provide your foreign tax ID if you have one. I did this for my UK company investing in a US business and it worked fine. The responsible party issue came up, but on the international line they told me to just indicate "foreign" on the form and provide my foreign passport number.

One thing nobody mentioned yet - you might want to check if the company you purchased has any tax filings due soon. If the responsible party hasn't been updated, IRS notices will still go to the previous owner. I learned this the hard way and got hit with penalties because I didn't receive the notices. You might want to file a Form 2848 (Power of Attorney) with the IRS as well, so you can authorize someone to speak to the IRS on your behalf while this gets sorted out.

I went through this exact situation when I acquired a Florida LLC last year. Here's what worked for me: 1) Don't submit the 8822-B without a tax ID - the IRS will reject it immediately 2) Apply for an ITIN using Form W-7 first. I included a cover letter explaining I needed it to update the responsible party on an existing EIN 3) The ITIN process took about 9 weeks, but it was approved without issues One tip that saved me time: when you apply for the ITIN, make sure to include a certified copy of your passport AND a utility bill or bank statement from your home country to prove your foreign address. The IRS is very strict about identity verification for foreign applicants. Also, consider having your attorney or accountant handle the 8822-B submission once you get your ITIN. They're familiar with the process and can follow up if there are any issues. The whole thing was much smoother than I expected once I had the right paperwork in order.

I just want to add something that might help speed up your ITIN application process. When I applied for my ITIN last year for a similar situation, I discovered that you can actually submit your W-7 application through an IRS-authorized Certified Acceptance Agent (CAA). The big advantage is that CAAs can review your original documents (like your passport) and then submit certified copies to the IRS, so you don't have to mail your actual passport to the IRS. This eliminates the risk of losing your passport in the mail and can sometimes speed up processing since the IRS trusts the CAA's document verification. You can find a list of CAAs on the IRS website - many are accounting firms or tax preparation services that specialize in helping foreign nationals. Some even offer virtual services where you can video call to show your documents. Also, once you get your ITIN and submit the 8822-B, make sure to keep copies of everything and send it via certified mail. The IRS can take 4-6 weeks just to process the responsible party change, and having tracking helps if you need to follow up.

I went through this exact process about 6 months ago when I bought a Delaware LLC as a non-resident. Here's what I learned that might save you some time: The ITIN route is definitely the correct path, but there are a few things that can trip you up. First, when you file the W-7, make sure to check the box for "Exception 1(a)" which is specifically for non-resident aliens who need an ITIN for tax treaty benefits or to claim refunds. This helps the IRS understand why you need the ITIN. Second, I'd strongly recommend getting a US-based tax attorney or CPA involved from the start. They can handle both the ITIN application and the 8822-B submission as your authorized representative. This was worth every penny for me because they knew exactly what documentation to include and how to present everything properly. One more thing - while you're waiting for the ITIN, make sure the company's business address with the IRS is updated to an address where you can actually receive mail (or have someone receive it for you). I made the mistake of leaving the previous owner's address on file and almost missed some important notices. The whole process took about 10 weeks for me from start to finish, but it was much smoother having professional help. Good luck!