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I am a citizen and resident of another country. I want to form an LLC in the State of Florida. I plan on requesting an EIN.

Miami, FL |

Other than submitting the Articles of Organization and paying the appropriate fee to the FL Dept. of State, Division of Corporations, what else do I need to do? Should I request an EIN from the IRS? What differences are there between what a citizen and resident of FL would have to do and what I would have to do? The purpose of my LLC will be for "all lawful purposes." Can I use a UPS drop box as my address for the Articles? Please assume that I will get all necessary business licenses from the county in which I register the LLC. Thanks!

Attorney Answers 2

Posted

Yes, you will need an EIN from the IRS. You will not be able to obtain an EIN online from the IRS website because it requires a social security number. As a US nonresident, you will not have a SSN. You should consult a Florida attorney to discuss tax issues to determine if the LLC is the most appropriate entity.

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Asker

Posted

You mentioned I will not be able to obtain an EIN online. Can I call or write the IRS to obtain one? Would I need to apply for an ITIN to use in lieu of a SSN when applying for the EIN?

Eduardo Guillermo Sanchez

Eduardo Guillermo Sanchez

Posted

You can call the IRS with a prepared SS-4 that you can fax over to them. In the area for the "responsible person" or officer and SSN, you put your name and put foreign. You will call them after the articles are return to you from the state. Again, I'm concerned about the general LLC structure for you. Most Nonresidents do not want to be subject to individual tax reporting in the US. Another issue is why Florida??? Are other members involved in the LLC??? If so, what are their requirements???? I have answered the easy question about getting an EIN for the entity. But, the more critical questions need to be dealt with or you can pay a high price later for it.

Posted

I agree with Counsel. For purposes of tax reporting a single member LLC is a disregarded entity and the member pays taxes on their personal reporting. Being that you do not have a SSN, that will become an issue. Please consult a Business Tax Attorney locally to discuss the LLC tax implications. Good luck to you.

DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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