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#2207810 - 03/05/19 04:52 PM LLC using ITIN?
Lele Offline
Platinum Poster
Lele
Joined: Feb 2007
Posts: 827
In the Sun
Can a non-resident alien with an ITIN (for work purposes only) use this to open a single member LLC or do they need to apply for an FEIN with the IRS?
Thank you.
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Operations Compliance
#2207816 - 03/05/19 05:05 PM Re: LLC using ITIN? Lele
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,370
Galveston, TX
They need an EIN since they will be taxed as a corporation.

§ 1.6038A–1 General requirements and
definitions.
* * * * *
(c) * * *
(1) * * * A domestic business entity
that is wholly owned by one foreign
person and that is otherwise classified
under § 301.7701–3(b)(1)(ii) of this
chapter as disregarded as an entity
separate from its owner is treated as an
entity separate from its owner and
classified as a domestic corporation for
purposes of section 6038A. See
§ 301.7701–2(c)(2)(vi) of this chapter.
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#2207860 - 03/05/19 08:47 PM Re: LLC using ITIN? Lele
Lele Offline
Platinum Poster
Lele
Joined: Feb 2007
Posts: 827
In the Sun
Thanks - what is your opinion on an SSN card - saying For Work Purposes Only - owner applying for a mortgage? To me, this is too high of a risk in dealing with a borrower that has a finite time to stay in the US. US employment Authorization card expires in 2 years or more - says not valid for re-entry to the US. Getting some pushback from lender.
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#2207868 - 03/05/19 09:33 PM Re: LLC using ITIN? Lele
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,370
Galveston, TX
That is a credit decision not a compliance one. Where is the future income coming from?
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