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Two Or More Members · One EIN

EIN for a Multi-Member LLC: Partnership Rules and Form 1065 (2026)

The second member changes the tax return, not just the paperwork

An EIN for a multi member LLC is the 9-digit federal tax ID the IRS assigns through Form SS-4, and it is mandatory. An LLC with 2 or more members is a partnership, files Form 1065 every year, and issues 1 Schedule K-1 per member. The IRS charges $0.

Get My LLC's EIN for $97

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$97
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Written and reviewed by the einforllc.co filing team·Updated ·Sources: IRS Form SS-4, Form 1065, Reg. 301.7701-3, IRC 1446
Form SS-4 for a multi-member LLC with line 8b set to 2 or more members and line 9a set to partnership, shown beside Form 1065 and two Schedule K-1 slips

Which EIN Route Should a Multi-Member LLC Take?

The route depends on 1 fact: whether the responsible party holds a Social Security Number. The IRS charges $0 on both routes. Only the channel and the wait change.

Have an SSN?

Apply at irs.gov. The online assistant charges $0 and issues the 9-digit EIN in 15 minutes, Monday through Friday, 7 a.m. to 10 p.m. Eastern. Pay nobody, including us.

No SSN?

Take the fax route. Form SS-4 line 7b accepts the entry Foreign, and the IRS charges $0 at 855-641-6935 or 855-215-1627. Or einforllc.co files it for $97, faxed within 7 business days, or $127 filed within 24 hours with the IRS call included.

The EIN is priced on its own: $97 one time, or $127 on the Fast tier. If your LLC already exists, that is the whole invoice, and we will tell you to skip the formation add-on rather than sell it to you.

What Is an EIN for a Multi-Member LLC?

An EIN for a multi member LLC is the 9-digit Employer Identification Number the IRS assigns to an LLC with 2 or more owners through Form SS-4. It identifies the partnership on Form 1065 and on every Schedule K-1.

The number arrives in the format XX-XXXXXXX and belongs to the LLC, not to any member. Members come and go, ownership percentages move, and the EIN stays with the entity. That is the whole point of it: the federal tax system needs 1 permanent identifier for a business whose owner list changes.

One mechanism explains everything on this page. A single-member LLC is invisible to the IRS, so its income lands on the owner’s personal return. A multi-member LLC is not invisible. It becomes a separate filer with its own annual return, its own due date, and its own reporting duty to every member. The EIN is the number that filer is registered under, and the IRS will not process Form 1065 without it. Start with how to get an EIN for an LLC for the general route, or compare against ein for single member llc if the member count is still undecided.

Is an EIN Mandatory for a Multi-Member LLC?

Yes, in every case. A multi-member LLC is a partnership for federal tax purposes, and Form 1065 requires the EIN on the return itself. The requirement attaches in year 1, with $0 of revenue.

This is where multi-member LLCs differ sharply from single-member LLCs. A single-member LLC with no employees and no excise tax has an argument that the IRS does not strictly require an EIN, and it is the bank, not the IRS, that forces the issue. That argument does not exist here. Internal Revenue Code section 6109 requires a taxpayer identifying number on a return, Form 1065 is a return, and a partnership cannot use a member’s Social Security Number in place of the entity’s own EIN.

Form 1065 is due whether or not the LLC earned anything. A partnership with $0 of income and $0 of deductions in its first year still files. The EIN is the number it files under.

Every member needs a Schedule K-1. The K-1 carries the LLC's EIN in Part I. Members cannot complete their own returns without it.

Banks require the EIN before 2 signers exist. A multi-member account needs the CP-575 letter plus identification for each member who will sign.

Employment and excise tax add their own requirement. Hiring 1 employee triggers Forms 941 and 940, both filed under the LLC's EIN.

Single-member owners weighing the same question should read does a single member llc need an ein, where the answer turns on banking rather than on the tax code.

How Does the IRS Classify a Multi-Member LLC?

As a partnership, by default. Treasury Regulation 301.7701-3(b)(1)(i) treats a domestic eligible entity with 2 or more members as a partnership unless the entity elects corporate treatment on Form 8832.

Members on line 8bLine 9a entryDefault classificationAnnual federal return
1Other, disregarded entityDisregarded entitySchedule C on Form 1040
1, foreign ownerOther, disregarded entityDisregarded entityForm 5472 + pro-forma 1120
2PartnershipPartnershipForm 1065 + 2 Schedule K-1s
3 or morePartnershipPartnershipForm 1065 + 1 K-1 per member
2 or more, Form 8832 filedCorporationC corporationForm 1120
2 or more, Form 2553 filedCorporationS corporationForm 1120-S + K-1s

Source: Treasury Regulation 301.7701-3 and the IRS Instructions for Form SS-4, verified July 2026.

The 1 row that changes everything

Row 3 is the whole page. Adding a second member converts a return that lives on 1 page of a personal Form 1040 into a separate entity return with its own deadline, its own penalty regime, and its own information duty to each member. Nothing about the LLC changes at the state level. The change is entirely federal, and line 8b of Form SS-4 is where it is recorded. The full deep dive sits at llc tax classification.

The married-couple exception

An LLC owned by 2 spouses is still a 2-member LLC. Revenue Procedure 2002-69 lets spouses who own the entity entirely as community property in 1 of the 9 community property states treat it as a disregarded entity instead: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Outside those 9 states, a 2-spouse LLC is a partnership filing Form 1065. See husband and wife llc ein for the state-by-state position.

What Is Form 1065 and When Is It Due?

Form 1065 is the US Return of Partnership Income, the annual return every multi-member LLC files. It is due the 15th day of the 3rd month after the tax year ends, which is March 15 for a calendar-year LLC.

FactValueAuthority
Annual returnForm 1065, US Return of Partnership IncomeIRC 6031
Due date15th day of the 3rd month after year endIRC 6072(b)
Due date, calendar-year LLCMarch 15IRS Instructions for Form 1065
Extension with Form 70046 months, to September 15IRS Form 7004
Where the EIN goesItem D on page 1 of Form 1065IRS Form 1065
Minimum revenue to fileNone, a $0 year still filesIRC 6031
Late-filing penaltyCharged per partner, per month, up to 12 monthsIRC 6698
Electronic filing requiredPartnerships with more than 100 partnersIRC 6011(e)
Partnership representative1 designated on Form 1065 each yearIRC 6223

Source: Internal Revenue Code sections 6031, 6072, 6698, and 6223, verified July 2026.

Read the penalty row carefully, because it is the one members underestimate. Form 1065 penalties are charged per partner rather than per return. The same late filing costs a 5-member LLC 5 times what it costs a 1-partner filer, and the meter runs monthly for up to 12 months. A partnership that owes $0 of tax still owes that penalty, because the trigger is the missing return rather than a missing payment. The complete walkthrough is at form 1065 for llc.

The partnership representative most members forget

Under Internal Revenue Code section 6223, every partnership designates 1 partnership representative on Form 1065 each year, and that person binds all members in an IRS examination. An LLC with 100 or fewer partners elects out of the centralized regime under section 6221(b), but only when every partner is an eligible type: an individual, a C corporation, an S corporation, a foreign entity that would be treated as a C corporation, or the estate of a deceased partner. A partnership or a trust holding a membership interest kills the election out.

Get My LLC's EIN for $97

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What Does Each Member Receive on Schedule K-1?

Each member receives 1 Schedule K-1 reporting that member’s share of the LLC’s income, deductions, and credits. A 2-member LLC issues 2, a 4-member LLC issues 4, and each one carries the LLC’s EIN.

Form 1065 itself pays no tax. It allocates. The LLC computes 1 set of results, splits them by the operating agreement, and hands each member a slip they carry onto their own return. That is what a pass-through entity is, and it is why the EIN matters to members who never touch the LLC’s paperwork: their personal return references the LLC’s 9-digit number.

Members in the LLCForms 1065 filedSchedule K-1s issuedEINs required
2121
3131
5151
121121
1011, filed electronically1011

Source: IRS Instructions for Form 1065 and Schedule K-1, verified July 2026.

The last column never changes. Members multiply, K-1s multiply, and the LLC still holds exactly 1 EIN for its entire life. An LLC that has misplaced that number recovers it through the methods listed on llc ein number lookup.

The K-1 reaches the member and the IRS on the same schedule as the return, due March 15 for a calendar-year LLC. Members need it to file personally in April, so an LLC that files Form 1065 on time and sends no K-1s still leaves every member stuck. A missing statement carries its own per-statement penalty, separate from the late-return charge.

A member owes tax on the allocated share whether or not the LLC paid any cash out. An LLC that reinvested every dollar of a $200,000 profit still allocates $200,000 across its members, and each one reports that share. The gap between allocation and distribution is the single biggest surprise in a first partnership year.

Which Member Is the Responsible Party on Form SS-4?

Exactly 1 member, whatever the member count. Line 7a takes the legal name of the individual who controls the LLC and its funds, and line 7b takes that person’s SSN, ITIN, or the entry Foreign.

This surprises members of an evenly split LLC, where nobody controls more than anyone else. The IRS still accepts 1 name. The responsible party is an administrative contact for the EIN, not a statement of ownership percentages, and naming 1 member on line 7a gives that member no extra claim on the business. Ownership lives in the operating agreement and in the Schedule K-1 allocations.

Pick the member who will still be reachable in 3 years. Whoever goes on line 7a is the person the IRS authenticates against on every later verification call, and a departed member leaves the remaining ones unable to pass that check until Form 8822-B is filed.

It must be a human being. Listing a parent LLC, a holding company, or a formation agent on line 7a rejects the application.

1 name only. Form SS-4 has 1 line 7a and 1 line 7b. Co-signers and joint responsible parties do not exist.

A foreign member qualifies. Line 7b takes the entry Foreign, so the responsible party needs no US tax ID of any kind.

It changes on Form 8822-B. The IRS requires notice within 60 days when the responsible party changes.

It survives member turnover. A responsible party who exits the LLC stays on the IRS record until Form 8822-B moves it, and every later 147C call tests the caller against that stale name.

How Do You Apply for a Multi-Member LLC EIN?

In 6 steps: agree the member list, copy the approved legal name, name 1 responsible party, set lines 8a, 8b, and 9a, file through the allowed channel, and store the CP-575 letter. The IRS charges $0.

Step 1: Agree the member list before anyone touches Form SS-4

Line 8b takes a member count, and that count sets federal tax treatment for the life of the company. Count every person or entity holding a membership interest on the formation date, including members who contributed $0. A 3-member LLC that files line 8b as 1 receives the wrong classification and a wrong CP-575 letter.

LLC Tax Classification

Step 2: Copy the legal name off the approved Articles, character for character

Form SS-4 line 1 takes the LLC name exactly as the state recorded it. One character of difference, including LLC against L.L.C. or a missing comma, fails the match and the IRS rejects the application by mail weeks later. Line 11 takes the formation date the state recorded, not the date the members signed.

LLC EIN Application

Step 3: Name 1 responsible party on lines 7a and 7b

The IRS accepts exactly 1 responsible party for an LLC with any number of members. Line 7a takes that individual's legal name and line 7b takes an SSN, an ITIN, or the entry Foreign. The remaining members appear nowhere on Form SS-4. They appear on Form 1065 and on their own Schedule K-1.

LLC EIN Without SSN

Step 4: Set line 8a to Yes and line 9a to Partnership

Line 8a marks the entity as an LLC. Line 9a carries the classification, and a multi-member LLC checks the Partnership box unless it is filing Form 8832 or Form 2553 to elect corporate treatment. These 3 fields, 8a, 8b, and 9a, are the fields einforllc.co reviews on every order.

Form 8832 for an LLC

Step 5: File through the channel the responsible party's ID allows

A responsible party with an SSN or ITIN uses the IRS online assistant and receives the EIN in 1 session of 15 minutes. A responsible party with neither faxes Form SS-4 to 855-641-6935 or 855-215-1627, and the IRS returns the EIN in 4 to 8 weeks. The IRS charges $0 on both channels.

How to Get an EIN for an LLC

Step 6: Store the CP-575 letter, then share it once

The IRS issues 1 CP-575 confirmation letter per EIN and never reprints it. Every member who opens a bank account, a Stripe account, or a payment processor account works from that single document. A replacement arrives only as a 147C letter, which the IRS mails on request.

LLC CP-575 Letter

The 3 errors that reject multi-member applications

Line 8b says 1 when the LLC has 2 members. The CP-575 letter then shows disregarded-entity treatment, and the first Form 1065 arrives against a mismatched IRS record.

Two members each submit their own Form SS-4. The LLC ends up with 2 EINs for 1 entity. Retiring the surplus number takes a written request to the IRS.

The name on line 1 does not match state records. One character, including LLC against L.L.C., fails the match and the IRS reports the rejection by mail.

A member entity is listed on line 7a. The responsible party must be a natural person. A holding company, a parent LLC or a formation agent in that field rejects the application outright.

Line 9a says Corporation without an election. That opens a Form 1120 filing account the LLC never intended, and the IRS mails notices when no corporate return arrives.

Every einforllc.co order includes a character-by-character Articles review and a specialist check of lines 8a, 8b, and 9a, which is exactly what these 3 errors defeat. The field-by-field walkthrough sits at llc ein application.

Get My LLC's EIN for $97

No SSN. No passport upload.

Can a Multi-Member LLC Get an EIN Without an SSN?

Yes. Form SS-4 line 7b accepts the entry Foreign, so an LLC whose members hold no US tax ID still receives an EIN. The application moves from the online tool to fax, and the IRS charges $0.

ChannelNumber or addressTime to EINCost
IRS online assistantirs.gov, SSN or ITIN required15 minutes$0
IRS fax, US-based entity855-641-69354 to 8 weeks$0
IRS fax, international855-215-16274 to 8 weeks$0
IRS international phone line267-941-10991 to 2 weeks$0
einforllc.co StandardWe prepare and fax the SS-416–19 business days$97
einforllc.co FastWe file and make the IRS call6 to 8 business days$127

Source: IRS Instructions for Form SS-4, verified July 2026.

Only the responsible party’s identification decides the channel. An LLC with 3 members where 1 holds an SSN can name that member on line 7a and finish online in 15 minutes. An LLC where no member holds a US tax ID files on paper, where the IRS provides no tracking number and no status page. That paper wait, plus the 3 classification fields, is what the $97 covers, and what the $127 Fast tier covers on a 24-hour filing clock with the IRS call included. Read llc ein without ssn for the fax cover sheet detail. No passport is required for an EIN at any point.

What Does a Foreign Member Trigger for a Multi-Member LLC?

Withholding under Internal Revenue Code section 1446: 37% on effectively connected income allocable to a non-corporate foreign partner and 21% for a corporate one, paid quarterly on Form 8813.

ObligationValueAuthority
Withholding on a non-corporate foreign partner37%IRC 1446 and 1
Withholding on a corporate foreign partner21%IRC 1446 and 11
Quarterly payment voucherForm 8813IRS Form 8813
Annual withholding returnForm 8804IRS Form 8804
Statement to each foreign partnerForm 8805, 1 per partnerIRS Form 8805
Form 5472 duty for the partnershipNone while it files Form 1065IRS Form 5472 instructions

Source: Internal Revenue Code section 1446 and IRS form instructions, verified July 2026.

The trade the second member makes

A foreign-owned single-member LLC files Form 5472 with a pro-forma Form 1120 every year, and Internal Revenue Code section 6038A(d)(1) sets the penalty for missing it at $25,000 per form per year. A multi-member LLC escapes that filing entirely while it stays a partnership, and picks up Form 1065, 1 Schedule K-1 per member, and section 1446 withholding instead. Neither position is lighter than the other in every case, and both start with the same 9-digit EIN. See Form 5472 and ein for foreign owned llc for both sides of the trade.

Can a Multi-Member LLC Elect Corporate Status Instead?

Yes, on Form 8832 for C corporation treatment and Form 2553 for S corporation treatment. Both elections keep the LLC’s original EIN. Form 2553 is due within 2 months and 15 days of the tax year start.

The S corporation route closes for most of our readers before it opens. Internal Revenue Code section 1361(b)(1)(C) bars nonresident alien shareholders, so a single foreign member disqualifies the whole election, and section 1361(b)(1)(A) caps the shareholder count at 100. A multi-member LLC with any foreign member chooses between partnership treatment and a Form 8832 corporate election, and nothing else.

Neither election issues a new number. The EIN assigned on the CP-575 letter follows the LLC through every classification it ever holds, which is why einforllc.co reviews line 9a before filing rather than after. The election forms are covered at how to file form 8832 and does an LLC need a new EIN for an S corp election.

The trade is self-employment tax against administration. Partnership treatment exposes each member’s share to 15.3 percent self-employment tax, made up of 12.4 percent Social Security and 2.9 percent Medicare. An S corporation election splits the same profit into reasonable wages and distributions, and only the wages carry payroll tax.

What the election costs is payroll. An S corporation runs real wages through Forms 941, 940 and W-2 for every member who works in the business, which is 3 recurring federal filings a partnership never files. A corporate election under Form 8832 locks the classification for 60 months before it can change again.

When Does a Multi-Member LLC Need a New EIN?

When it drops to 1 member, and when it converts to a corporation under state law. A member joining, a member leaving while 2 or more remain, a name change, and a tax election all keep the original EIN.

ChangeNew EINWhat changes instead
2 members become 1YesPartnership ends, disregarded entity begins
State-law conversion to a corporationYesFiles Form 1120 under a new number
A third member joinsNo1 more Schedule K-1 on the same Form 1065
1 member of 4 sells outNoK-1s reflect the new ownership split
The LLC changes its legal nameNoNotify the IRS in writing
The LLC moves to another stateNoUpdate the address with the IRS
Corporate election on Form 8832NoFiles Form 1120 under the same EIN
S corporation election on Form 2553NoFiles Form 1120-S under the same EIN

Source: IRS guidance on when a new EIN is required, verified July 2026.

Row 1 is the mirror image of the row single-member owners hit when they add a partner. The IRS treats a change in the number of members across the 1-to-2 line as the end of 1 entity and the birth of another, in both directions. Rows 3 and 4 are the relief: an LLC can trade members freely while 2 or more remain, and the EIN never moves. The complete list is at new ein for llc.

How Much Does an EIN for a Multi-Member LLC Cost?

$0 from the IRS through every channel, no matter how many members the LLC has. einforllc.co charges $97 to fax Form SS-4 within 7 business days, or $127 to file within 24 hours with the IRS call included. Both tiers cover the Articles review and the classification check.

ItemCostFrequency
IRS fee for the EIN$0One-time
CP-575 confirmation letter$0One-time
Extra members added to the filing$0The price never scales with member count
Articles review, character-by-characterIncludedOne-time
Classification check, lines 8a, 8b, 9aIncludedOne-time
Form SS-4 preparation and filingIncludedOne-time
IRS phone follow-upFast onlyStandard is fax filing with no IRS calls
Filing deadline in writingIncludedFaxed within 7 business days, or filed within 24 hours on Fast
EIN: Standard$97One-time. Faxed within 7 business days, no IRS calls
EIN: Fast$127One-time. Filed within 24 hours, IRS call included
LLC formation, optional add-on+$197Only if you have not formed yet. State filing, first-year registered agent, and operating agreement, plus state fees at cost. Agent renews at $99/year
Year 2 and every year after$0An EIN never renews. Only the registered agent does, and only if you took the add-on

Source: IRS, verified July 2026. The EIN is priced on its own; the formation add-on is a separate line and never folded into the EIN price. Full breakdown on the LLC EIN cost page.

What Do Other Filing Services Charge a Multi-Member LLC?

Rocket Lawyer charges $59.99, einforllc.co charges $97, ZenBusiness charges $99, and Northwest charges $200 at its no-SSN rate. The IRS charges $0 on every route, and none of the others reviews the member count on line 8b.

FilerPriceWritten deadlineClassification review
einforllc.co$97, or $127 fastFaxed in 7 business days, or filed in 24 hoursYes, every order
File it yourself at the IRS$0NoneYou decide lines 8a, 8b, 9a
Northwest$200NoneNo
ZenBusiness$99NoneNo
Rocket Lawyer$59.99NoneNo

Competitor prices verified July 2026 from each provider’s public pricing page.

Read this before paying anyone, including us. If a member of your LLC holds a Social Security Number, name that member as the responsible party and file at irs.gov in 15 minutes for $0. The $97 exists for LLCs where no member holds a US tax ID, who face a paper filing, a 4-to-8-week wait, and 3 classification fields that set federal tax treatment for the life of the company. The $127 Fast tier buys the same work on a 24-hour filing clock with the IRS call included. The EIN is priced on its own, and if your LLC already exists that is the whole invoice: formation is one optional line at +$197 for partners who have not filed with a state yet, and the first-year registered agent inside it renews at $99/year.

Get My LLC's EIN for $97

No SSN. No passport upload.

This page states federal tax rules current as of July 2026. It is not legal or tax advice. Confirm your LLC’s position with a licensed CPA or attorney before filing.

Why Trust einforllc.co With a Multi-Member LLC EIN?

Every order delivers the official IRS CP-575 letter, a government document verifiable at the source, plus a filing deadline in writing and that fee refunded if the deadline passes.

150+Countries We File From

Form SS-4 line 7b accepts the entry Foreign, so a multi-member LLC gets its EIN with no member holding a US tax ID. No passport upload at any step.

3Fields We Check Every Time

Lines 8a, 8b, and 9a. Line 8b is the one that decides whether the IRS expects Form 1065 or Schedule C from your LLC.

7Business Days, In Writing

Your filing deadline is stated in writing before we file, counted in business days, Monday to Friday excluding US federal holidays. Standard is filed by fax within 7 business days, or that fee is refunded. Fast is filed and the IRS call made within 24 hours, guaranteed, or that fee is refunded.

The EIN is priced on its own, and formation is one optional line for partners who have not filed with a state yet. Ready when you are: EIN for your LLC, filed right.

Need Additional Assistance?

Send your member count and your state to the filing team, or ask us to call you.

Would you rather speak to one of our filing specialists now?
Email: support@einforllc.co
Monday to Friday · 9:00 A.M. to 6:00 P.M. ET
Replies within 1 business day.

By submitting this form, you agree that we may contact you about your EIN filing. Your information is never sold or shared.

What Else Do Multi-Member LLC Owners Ask?

These 10 answers each carry the form line, the number, or the deadline that settles the question. A multi-member LLC files Form SS-4 line 8b as 2 or more, and the IRS charges $0 for the EIN.

+Does a multi-member LLC need an EIN?

Yes, always. An LLC with 2 or more members is a partnership for federal tax purposes, and every partnership files Form 1065. Line D of Form 1065 requires the EIN, so the number is mandatory in year 1 even with $0 of revenue. The IRS charges $0 for it.

Does My LLC Need an EIN
+How does the IRS classify a multi-member LLC by default?

As a partnership. Treasury Regulation 301.7701-3(b)(1)(i) makes a domestic eligible entity with 2 or more members a partnership unless it files an election. Form SS-4 line 8b carries the member count and line 9a carries the Partnership box. Changing that treatment takes Form 8832 or Form 2553.

LLC Tax Classification
+When is Form 1065 due for a multi-member LLC?

The 15th day of the 3rd month after the tax year closes, which is March 15 for a calendar-year LLC. Form 7004 extends the deadline 6 months to September 15. The extension moves the return date only. Each member still receives a Schedule K-1 for the same tax year.

Form 1065 for an LLC
+How many Schedule K-1s does a 2-member LLC issue?

Two, one per member. Form 1065 produces 1 Schedule K-1 for every person or entity holding a membership interest during the tax year, and a 4-member LLC issues 4. Each K-1 reports that member's share of income, deductions, and credits, and carries the member's own taxpayer identification number.

Form 1065 for an LLC
+Can a multi-member LLC get an EIN without an SSN?

Yes. Form SS-4 line 7b accepts the entry Foreign, so an LLC whose members hold no US tax ID still receives an EIN. The application moves from the online tool to fax at 855-641-6935 or 855-215-1627. The IRS charges $0. einforllc.co charges $97 to fax Form SS-4 within 7 business days, or $127 to file within 24 hours with the IRS call included.

LLC EIN Without SSN
+Which member is the responsible party on Form SS-4?

Exactly 1, no matter how many members the LLC has. Line 7a takes the legal name of the single individual who controls the LLC and its funds, and line 7b takes that person's SSN, ITIN, or the entry Foreign. Naming a company on line 7a rejects the application.

LLC EIN Application
+Does a multi-member LLC file Form 5472?

No, while it stays a partnership. Form 5472 attaches to foreign-owned disregarded entities and to 25%-foreign-owned corporations, and a multi-member LLC is neither. It files Form 1065 instead. A single-member LLC with a foreign owner does file it, and the penalty for missing it is $25,000 per year.

Form 5472
+Can a multi-member LLC with a foreign member elect S corporation status?

No. Internal Revenue Code section 1361(b)(1)(C) bars nonresident alien shareholders, so 1 foreign member disqualifies the entire election. The same section caps an S corporation at 100 shareholders. A corporate election on Form 8832 stays available, and that route produces Form 1120 instead of Form 1065.

Form 8832 for an LLC
+What does a multi-member LLC withhold for foreign members?

Internal Revenue Code section 1446 requires withholding on income effectively connected with a US trade or business that is allocable to a foreign partner: 37% for a non-corporate foreign partner and 21% for a corporate one. The LLC pays it quarterly on Form 8813 and reports it on Forms 8804 and 8805.

EIN for a Foreign-Owned LLC
+Does a multi-member LLC need a new EIN when it drops to 1 member?

Yes. Going from 2 members to 1 ends the partnership and creates a disregarded entity, and the IRS treats that as a new entity requiring a new EIN. A name change, an address change, and a new member joining an existing partnership all keep the original 9-digit number.

New EIN for an LLC

Ready to Get Your Multi-Member LLC’s EIN?

From $97. Your Articles, reviewed. Line 8b set to your real member count. Your SS-4 faxed within 7 business days, in writing, or filed within 24 hours on Fast.

Get My LLC's EIN for $97

No SSN. No passport upload.

Miss the filing deadline and that fee is refunded · Year 2 and beyond: $0 · The EIN priced on its own, with formation only if you have not filed with a state yet