EIN without an SSN and a US bank account from India: four counters, one order of operations
An Indian resident founder with a Delaware LLC or C-corp gets the EIN without an SSN by signing Form SS-4 as the responsible party, writing “foreign” on line 7b and sending it by fax, post or the IRS international telephone line; the online tool needs an SSN or ITIN and a US principal place of business (IRS, 16 October 2026). No ITIN is needed. Your formation agent may be the third-party designee who receives the number; the responsible party, on the IRS’s definition, is the person who ultimately owns or controls the entity, which rules out an agent who does neither. The US account turns on one federal rule: the provider must identify and verify every individual owning 25 percent or more and one person who controls the company; each provider adds address, tax-number and in-person conditions, which is where applications from India fail. And before the first dollar reaches the account, Form FC goes to your AD bank and the UIN comes back, because the RBI’s Overseas Investment Directions let the bank remit only after the UIN is obtained (22 August 2022).
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Four counters, and nobody at any of them owns the sequence
Delaware forms the entity and asks nothing about India. The IRS issues the EIN and asks who controls the entity. Your AD bank allots the UIN and will not wire a dollar before it does. The account provider asks who owns the company, under a FinCEN rule written for banks.
The pages we read that rank for these questions are mostly written by whoever sells the formation or the account, and the ones we read do not put the AD bank before the first deposit or read the bank’s certification against an Indian passport and PAN. Formation has its own pages: which state, what Stripe Atlas files and does not, LLC or C-corp. This page starts when the certificate of formation exists.
Getting the EIN with no SSN
The IRS issues the EIN free. The online tool needs the responsible party’s SSN or ITIN and a US principal place of business; applicants whose principal place of business is outside the US are sent to phone, fax or mail (16 October 2026). The Instructions for Form SS-4, revised December 2025, settle the two boxes founders stall on: line 7b takes “foreign” or N/A when the responsible party has no SSN or ITIN and is ineligible for both, and line 10 is “Started new business”, not “Banking purpose”, which the IRS keeps for an entity wanting an EIN for banking alone.
| Route | Who it is open to, and who may apply | Line 7b | Timing |
|---|---|---|---|
| Online tool, irs.gov | Closed to this applicant: needs the responsible party’s SSN or ITIN and a US principal place of business | Cannot be completed | Minutes, for those who qualify |
| Telephone, 267-941-1099 (not toll-free), 6 a.m. to 11 p.m. Eastern, Monday to Friday | Applicants with no US legal residence, principal place of business or office. The caller must be authorised to receive the EIN and answer SS-4 questions: the responsible party or, on our reading, a designee named in the signed form; confirm on the call | “foreign” or N/A; complete the form first | Assigned on the call: the IRS representative takes the SS-4 answers and gives you the number to write on the form; if asked, mail or fax the signed form within 24 hours |
| Fax (Fax-TIN) | No US presence: 304-707-9471 from outside the US, 855-215-1627 from within. US principal place of business: 855-641-6935. The responsible party signs; a designee may receive the number | “foreign” or N/A | Generally within 4 business days |
| No US presence: Attn: EIN International Operation, Cincinnati, OH 45999. US principal place of business: Attn: EIN Operation, same address | “foreign” or N/A | Approximately 4 weeks; one EIN per responsible party per day on any route |
The responsible party, and what your formation agent may do
The responsible party is the person who ultimately owns or controls the entity: a natural person, government entities apart. Nominees cannot apply for an EIN and should not be listed on Form SS-4 (IRS, 22 August 2026). On that definition an agent who neither owns nor controls the company does not qualify, though the IRS has no page saying so in terms. The agent’s role is the Third-Party Designee section: a named individual may answer the IRS’s questions about the form and receive the new EIN, the authorisation is valid only if you complete the signature area, and it ends when the EIN is released to the designee. The agent is the courier of the number, not the person behind it, and a wrong responsible party is a Form 8822-B correction within 60 days. For a single founder the responsible party is you; for several, the one who controls the company, usually the control person the bank asks you to name later.
Do you need an ITIN?
Not for the EIN. An ITIN is a nine-digit IRS number for an individual with a federal tax purpose who is not eligible for an SSN; it does not authorise work or qualify you for Social Security benefits (IRS, 28 October 2026). The EIN belongs to the company; an ITIN would belong to you, and you apply only when you personally have a US filing to make, on Form W-7 (Rev. December 2024), normally with the return it supports; allow 7 weeks, the IRS says, or 9 to 11 in tax season (15 January to 30 April) or from overseas. Whether you ever have that filing depends on the entity and its income: the LLC versus C-corp page. Do not hold the account for an ITIN; Relay and Chase accept a passport from a non-US citizen.
Opening the US business account from India
Every account opened for a company at a US bank sits under 31 CFR 1010.230, FinCEN’s customer due diligence rule; a corporation or LLC filed with a Secretary of State is a legal entity customer under it. At account opening the institution must obtain a certification, in the form of Appendix A or equivalent information, from the individual opening the account, naming each individual who directly or indirectly owns 25 percent or more of the equity (up to four) and one individual with significant responsibility to control, manage or direct the company, who may be the same person; it then verifies each of them, photocopies permitted (eCFR, read 30 October 2026). Against an Indian founder’s papers the rule is satisfiable: you certify yourself as owner and controller, give your passport, and the provider verifies it. What the rule leaves open, and each provider fills its own way, is the address, the tax number and the chair.
Do not confuse this with beneficial ownership information (BOI) reporting under the Corporate Transparency Act, the report a company made to FinCEN itself: US companies are exempt from BOI reporting under FinCEN’s final rule, so a Delaware LLC or C-corp files no BOI report (FinCEN, alert updated 11 August 2026; the effective date and history are on the US compliance page). The exemption did not touch the bank’s certification, which still applies at the counter.
| Provider, type and source | Entity and EIN needed | Address | In person | Beneficial-ownership certification and identity |
|---|---|---|---|---|
| Relay (fintech; Help Center, updated 11 August 2026) | Certificate of Formation or Incorporation (signed Operating Agreement if a multi-member LLC); EIN letter CP-575 or 147c | Physical US address for each beneficial owner; no PO boxes, no virtual mailboxes | Not stated on the page read | SSN or passport number per owner (passport only for non-US citizens); non-US residents add source of start-up income, annual income and countries of operation |
| Chase for Business (branch bank; LLC checklist, page dated 2026, read 30 October 2026) | EIN required; a single-member LLC may use an SSN or ITIN | Address for each owner of 10 percent or more; the LLC section’s owner list says residential address, a business address only if the owner is a business | Multi-member or multi-manager LLCs, and LLCs owned by another business, must visit a branch | Two forms of ID, one government-issued, a passport for a non-US citizen; each 10 percent owner gives name, address, date of birth, tax ID and citizenship (the rule says 25 percent) |
| Wise Business (multi-currency account; Help Centre, undated, read 30 October 2026) | Proof of business registration; US-registered businesses may need additional information | Registered and trading addresses in different countries: only services available in both | Not stated on the page read | Documents showing who ultimately owns and controls the company |
| Mercury, Brex (fintech) | Not read: on 30 October 2026 Mercury’s page returned no text and Brex’s a security checkpoint | Read the provider’s own page on the day | Same | Same; the FinCEN certification applies regardless |
Appendix A fields were not captured verbatim; the certification is described in the terms of 1010.230(b)(1) and (d). CP-575 and 147c are Relay’s names for the EIN letter.
Three things follow. Ask each provider in writing, before you apply, whether the address you hold passes: a registered agent’s address exists for Delaware’s purposes, not as your place of business, Relay excludes PO boxes and virtual mailboxes, Chase wants an address for every 10 percent owner, residential in its LLC section, and a decline on address is still a decline. Ask which tax number it takes from an owner whose only one is a PAN. And ask whether anyone must appear: Chase’s multi-member LLC must visit a branch, so a two-founder LLC run from India sends someone or picks a provider that opens remotely.
The AD bank before the first dollar: Form FC and the UIN
The US account can be opened empty. The first dollar is answered in India. Your subscription for the shares or membership interest is an overseas direct investment, and under the RBI’s Overseas Investment Directions of 22 August 2022 the person intending to make any financial commitment fills up Form FC, submits it with documents to the AD bank for a UIN on or before the initial ODI, and the bank facilitates any remittance towards the foreign entity only after the UIN is obtained; a UIN is not an RBI approval. The money travels under LRS, which permits ODI under the Overseas Investment Rules 2022: Form A2, PAN mandatory, one designated AD branch (Master Direction on LRS, updated 6 September 2024). Evidence of the investment must reach the AD bank within six months, failing which the funds are repatriated, and the Annual Performance Report that follows is certified by a chartered accountant.
LRS as channel and ODI as character, Schedule III and the APR calendar: LRS vs ODI for Indian founders. What Form FC asks for a US LLC and what the bank accepts as proof: FEMA, ODI and LRS compliance.
Founders who funded the account from a personal card or a relative abroad before the UIN have two problems: no remittance went through the AD bank, so no UIN exists, which is the ODI regularisation checklist; and money from anyone but the subscribing founder raises the question of who owns the shares, the CDD certification in reverse. Keep one chain: founder’s PAN, Form A2 and designated branch, company’s account.
The order of operations
| Step | Counter | Filing or action | Timing | Owning page |
|---|---|---|---|---|
| 1. Form the entity | Delaware | Certificate of formation or incorporation, via a registered agent | Day 0 | Where to incorporate; Stripe Atlas and FEMA |
| 2. Name the responsible party, sign SS-4 | IRS | “foreign” on 7b; “Started new business” on line 10; designee section if used | Same day | This page |
| 3. Apply for the EIN | IRS | Fax 304-707-9471, mail to EIN International Operation, or call 267-941-1099 | Fax about 4 business days; mail about 4 weeks | This page; expands the EIN row on flip cost and timeline |
| 4. File Form FC for the UIN | AD bank | Form FC with documents, on or before the initial ODI | Before any remittance | FEMA, ODI and LRS compliance; LRS vs ODI |
| 5. Open the US account | Account provider | CDD certification; EIN letter; formation documents; owners’ passports | Once the EIN arrives; may sit empty until step 6 | This page |
| 6. Remit the subscription money | AD bank | Form A2 under LRS, PAN, one designated branch | Within the LRS ceiling of USD 250,000 per financial year | LRS vs ODI |
| 7. Prove the investment | AD bank | Evidence of investment (OI Regulations, regulation 9(1)) | Within six months of the remittance, or the funds come back | FEMA, ODI and LRS compliance |
| 8. Annual filings, both sides | IRS, Delaware, AD bank | Form 1120 with 5472 and franchise tax; the CA-certified APR; no BOI report (US companies exempt) | On the owning pages | US compliance; LRS vs ODI; missed: the regularisation checklist |
Two neighbouring questions have their own pages: if the US company will ever own anything in India, the round-tripping two-layer rule; if an Indian company you own will invoice the US company for services, FEMA compliance for export of services for the eFIRC and Softex cycle.
Who signs what
On the India leg Infinilex’s chartered accountant certifies the APR and an advocate enrolled in India signs the FEMA position; on the US leg a US-admitted Infinilex lawyer signs the US position. Infinilex counsel qualified in India, the UAE and the US sign opinions for those jurisdictions; for the EU and any other jurisdiction Infinilex scopes and coordinates the local counsel who sign. Email is answered within one working day.
Frequently asked questions
How do I get an EIN without an SSN for my Delaware LLC or C-corp?
Sign Form SS-4 as the responsible party, write 'foreign' or N/A on line 7b, and fax it, post it or call the IRS international line; the online tool needs an SSN or ITIN and a US principal place of business (IRS, 16 October 2026). With no US office, fax 304-707-9471 and the EIN comes back by fax in about 4 business days; mail to EIN International Operation, Cincinnati, OH 45999 takes approximately 4 weeks; the phone line is 267-941-1099, 6 a.m. to 11 p.m. Eastern, Monday to Friday. The EIN is free.
ITIN vs EIN: as an Indian founder, do I need an ITIN as well?
Not for the EIN. The EIN identifies the company; an ITIN identifies an individual with a US federal tax purpose who is not eligible for an SSN (IRS, 28 October 2026). You apply on Form W-7, normally with the return it supports, and the IRS asks you to allow 7 weeks, or 9 to 11 in tax season or from overseas. Whether you ever have a personal US filing is the LLC versus C-corp question. Do not hold up the account for an ITIN: Relay and Chase each say a non-US citizen may use a passport.
Can I open a US business bank account from India, with Mercury or a branch bank, without being rejected?
Yes, if you pass the conditions each provider adds on top of FinCEN's customer due diligence rule, which only asks you to certify each 25 percent owner and one controlling individual. Rejections come from the extras: Relay wants a physical US address for every beneficial owner, no PO boxes or virtual mailboxes (11 August 2026); Chase wants an EIN, two forms of ID, an address (residential, in its LLC section) and tax ID for every 10 percent owner, and a branch visit for multi-member LLCs (read 30 October 2026). Mercury's and Brex's eligibility pages returned no readable text to our fetch on 30 October 2026, so this page records nothing for them: read the provider's page on the day you apply, and ask in writing about your address, your PAN and whether anyone must appear in person.
What must happen with my AD bank before the first dollar goes into the US account?
Form FC must be filed and the UIN allotted. Under the RBI's Overseas Investment Directions of 22 August 2022, the person making the financial commitment fills up Form FC, submits it with documents to the AD bank for a UIN on or before the initial ODI, and the bank facilitates any remittance to the foreign entity only after the UIN is obtained; the allotment is not an RBI approval. The money then goes on Form A2 under LRS, with your PAN, through one designated AD branch, and evidence of the investment must reach the bank within six months or the funds are repatriated. The account can be opened empty before any of this; the wire cannot.
Opening the US account before the UIN?
Tell us who owns the company, where each owner is resident and whether any money has already moved. We sequence the IRS, the AD bank and the account provider before the first wire.
Thirty minutes with Prashant Sharma, the founder, who does the work himself. You leave with next steps either way. Email is read by the founder and answered within one working day.
Sources
Read 30 October 2026. US: IRS, Get an EIN (16 October 2026); IRS, EIN (17 July 2026); Instructions for Form SS-4 (12/2025); Responsible parties and nominees (22 August 2026); ITIN (28 October 2026); About Form W-7 (3 October 2026); 31 CFR 1010.230; FinCEN BOI (alert updated 11 August 2026). India: RBI, Overseas Investment Directions, 2022, paras 3(2), 16(2), 16(3), 17(3); RBI, Master Direction on LRS (6 September 2024), paras A.1, A.6, A.15, A.16. Providers, their own words: Relay (11 August 2026); Chase LLC checklist (2026); Wise (undated). Mercury and Brex could not be read; FinCEN’s CDD FAQs are PDFs and were not read.
General information for founders, not legal or tax advice. IRS numbers and turnaround times are the IRS’s own statements on the dates shown; provider rows are each provider’s own words, not Infinilex’s assessment, and no provider is endorsed. Positions as at 30 October 2026.