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GOVAXISCLIENTS SERVED34+ NATIONSGLOBALGOVAXISFORMATION TIME~7 DAYSFASTGOVAXISPARTNER NETWORK844++11.2%GOVAXISREMOTE PROCESS84%DIGITALMARKETSAM.GOV OPPS/YR40,000+ANNUALECONOMYNEW BIZ BY IMMIGRANTS20%+0.9%GOVAXISCLIENTS SERVED34+ NATIONSGLOBALGOVAXISFORMATION TIME~7 DAYSFASTGOVAXISPARTNER NETWORK844++11.2%GOVAXISREMOTE PROCESS84%DIGITALMARKETSAM.GOV OPPS/YR40,000+ANNUALECONOMYNEW BIZ BY IMMIGRANTS20%+0.9%GOVAXISCLIENTS SERVED34+ NATIONSGLOBALGOVAXISFORMATION TIME~7 DAYSFASTGOVAXISPARTNER NETWORK844++11.2%GOVAXISREMOTE PROCESS84%DIGITALMARKETSAM.GOV OPPS/YR40,000+ANNUALECONOMYNEW BIZ BY IMMIGRANTS20%+0.9%GOVAXISCLIENTS SERVED34+ NATIONSGLOBALGOVAXISFORMATION TIME~7 DAYSFASTGOVAXISPARTNER NETWORK844++11.2%GOVAXISREMOTE PROCESS84%DIGITALMARKETSAM.GOV OPPS/YR40,000+ANNUALECONOMYNEW BIZ BY IMMIGRANTS20%+0.9%
7 MIN READUPDATED MAY 2026

ITIN vs. EIN: Do Non-Residents Need an ITIN?

Two different tax IDs. One for your business, one for you personally. Understanding which you need — and when — can save you months of unnecessary paperwork.

The EIN: Your Business Tax ID

An EIN (Employer Identification Number) is a federal tax ID assigned to a business entity by the IRS. It identifies your LLC or corporation in the U.S. tax system. Every U.S. business that needs to file tax returns, open a business bank account, or receive payments that trigger tax reporting needs an EIN.

EINs are assigned regardless of the owner's citizenship or residency status. A foreign-owned Wyoming LLC gets an EIN the same way a U.S.-owned LLC does — the process is just slower for non-residents (see our EIN article).

The EIN is the only tax ID your business needs. It does not matter whether you have an SSN or ITIN — your business's EIN is the identifier used for all business tax filings, bank accounts, and payment processors.

The ITIN: Your Personal Tax ID

An ITIN (Individual Taxpayer Identification Number) is a nine-digit tax ID assigned by the IRS to individuals who need to file U.S. taxes but are not eligible for a Social Security Number (SSN). It is a personal identifier, not a business one.

ITINs were created for:

  • Non-resident aliens who earn U.S.-source income requiring U.S. tax filing
  • Resident aliens who don't qualify for an SSN
  • Dependents or spouses of U.S. citizens or residents filing jointly
  • Foreign students, scholars, and researchers with specific tax filing obligations

An ITIN always begins with the number 9 and has a specific range in the 4th and 5th digits (e.g., 9XX-7X-XXXX). They expire after three years if not used on a tax return.

Critical distinction: An ITIN is only used for personal (individual) U.S. tax filings. It is never used in place of an EIN for business purposes.

When You Need an ITIN

1. You are filing a personal U.S. tax return

If you have U.S.-source personal income that requires you to file a personal U.S. tax return (Form 1040-NR for non-resident aliens), you need an ITIN. This happens if:

  • You have U.S.-effectively connected income (wages, salary from U.S. employment)
  • You receive certain U.S.-source passive income (dividends from U.S. corporations, rental income from U.S. property)
  • You elect to be treated as a U.S. resident for tax purposes (unusual but possible)

2. You need to be on a U.S. payroll

If your U.S. entity will pay you wages as an employee (putting yourself on payroll), and you cannot get an SSN, you need an ITIN to process that payroll and receive a W-2.

3. Certain personal financial accounts

Some personal financial products — not business accounts — may require an ITIN or SSN for account opening. This is rare for business banking (which uses the EIN) but can come up for personal accounts at U.S.-based financial institutions.

4. You are a spouse or dependent on someone else's U.S. return

If your spouse is filing a U.S. tax return and you are listed as a dependent or filing jointly, you may need an ITIN.

When You Do NOT Need an ITIN

This is the section most articles get wrong, or omit entirely.

You do NOT need an ITIN to:

  • Open a U.S. business bank account (Mercury, Relay, Wise) — the bank uses your EIN, not your personal ITIN
  • Form a U.S. LLC or C-Corp — entity formation uses your EIN and passport
  • File Form 5472 — this is a business filing using the LLC's EIN
  • Run Stripe payouts to a business account — Stripe uses the EIN
  • Invoice U.S. clients — your business uses its EIN for 1099 reporting
  • Operate a U.S. LLC that has no U.S.-effectively-connected income

The common misconception:

Many founders hear "you need a tax ID to do business in the U.S." and assume this means they need both an EIN and an ITIN. This is incorrect. The EIN is the tax ID your business needs. The ITIN is only relevant for your personal U.S. tax obligations.

A foreign-owned Wyoming LLC that earns revenue from non-U.S. clients, has no U.S. employees, and is owned by a non-resident founder can operate indefinitely on just the EIN. The owner has no personal U.S. tax filing obligation (though the LLC still needs to file Form 5472 — see that article for details).

How to Apply for an ITIN

If you've determined you actually need an ITIN, the process involves:

  1. Complete Form W-7 (Application for IRS Individual Taxpayer Identification Number)
  2. Attach original identity documents or certified copies — your passport is the most commonly accepted document, and it must be the original or a copy certified by the issuing agency (not a notarized copy)
  3. Attach the reason for needing an ITIN — you must also submit the U.S. tax return you are filing (or be in one of the enumerated exception categories that don't require a return)
  4. Mail to the IRS or visit an IRS-authorized Certifying Acceptance Agent (CAA) in person

Processing time is typically 7–11 weeks. The IRS will return your passport after processing.

The passport requirement is the main friction point. You must submit your original passport (or a certified copy from the issuing government — not a notary) to the IRS. Most people are understandably reluctant to mail their passport internationally. Using a Certifying Acceptance Agent (CAA) allows you to have your documents verified in person without mailing them, but CAAs are not available in all countries.

GovAxis handles ITIN applications on the Premium tier, including guidance on whether a CAA is available in your country and how to navigate the document certification requirement.

Common Misconceptions

"I need an ITIN to open a Mercury account."

False. Mercury, Relay, and Wise Business all use your LLC's EIN for business account opening. They may ask for your personal passport for identity verification, but they do not require an ITIN.

"My accountant says I need an ITIN."

If an accountant says this, ask them specifically why — what U.S. tax filing will you be making that requires a personal tax ID? If the answer is "for the LLC's bank account" or "for Stripe," they are mistaken. If the answer is "you will be filing a 1040-NR because of U.S.-source income," that is a legitimate reason.

"Getting an ITIN will make me a U.S. tax resident."

False. Having an ITIN does not make you a U.S. tax resident and does not trigger U.S. personal tax obligations beyond those that already exist. The ITIN is just a processing ID — it does not determine your tax status.

"I need an ITIN because I'm an owner of a U.S. company."

Owning a U.S. LLC does not automatically create a personal U.S. tax filing obligation. The obligation depends on whether you have U.S.-effectively-connected income or certain types of U.S.-source income — not simply on whether you own a U.S. entity.

Bottom line: Most international founders operating a U.S. LLC do not need an ITIN. You need an EIN for your business — that's it. The ITIN only becomes relevant if you have personal U.S. tax filing obligations, need to be on a U.S. payroll, or have specific personal financial products that require it. When in doubt, ask a CPA with international tax experience — not a formation service.

NEXT STEP

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Disclaimer: This article is for general informational purposes only and does not constitute legal, tax, or financial advice. GovAxis is not a law firm, CPA firm, or financial institution. Consult a licensed attorney or tax professional in your jurisdiction for advice specific to your situation. Questions? Email legal@govaxis.org.
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GOVAXIS AI ADVISOR
Hi! I'm Axis, your advisor here at GovAxis. Whether you're looking to form a U.S. company, open a business bank account, or just figure out where to start — I'm here to help. What's on your mind?
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ITIN vs. EIN: Do Non-Residents Need an ITIN? · GovAxis