State Guide
EIN in Delaware (DE)
How to get an EIN for your Delaware business. The EIN is a federal number from the IRS, identical in every state. Non-residents apply with a passport, no SSN required. ein.so files Form SS-4 for $49 Standard or $97 Express.
Getting an EIN in Delaware follows the same federal IRS process as every other state. The EIN is a federal number, not state-specific. Non-residents apply by submitting IRS Form SS-4 by fax to 855-215-1627, using a passport number on Line 7b instead of an SSN. The IRS online tool requires an SSN, so it is blocked for most non-residents. ein.so prepares your SS-4, faxes it, and delivers your EIN. Standard costs $49 (4-7 business days). Express costs $97 (2-3 business days).
Delaware is the most popular US state for company formation, especially among non-resident founders and venture-backed startups. Its business law, the Court of Chancery, and investor familiarity draw founders worldwide. Forming a Delaware LLC creates a US legal entity, but the entity cannot operate without an EIN. The EIN is the federal tax ID that connects your Delaware company to US banks, the IRS, and payment processors. This guide explains how to get an EIN for a Delaware business, how non-residents apply without an SSN, and what to file after approval.
| Detail | Information |
|---|---|
| State | Delaware (DE) |
| State tax authority | Delaware Division of Revenue |
| Formation authority | Delaware Division of Corporations |
| Federal EIN | Same as all states (IRS) |
| EIN cost | $0 (IRS) / $49 (ein.so Standard) |
| Non-resident method | Form SS-4 by fax, passport on Line 7b |
| Annual federal filing (foreign-owned SMLLC) | Form 5472 + pro-forma Form 1120 |
Federal vs State
Is a Delaware EIN Different From a Federal EIN?
A Delaware EIN is not a separate thing. The EIN is a single federal number issued by the IRS, and it is identical whether your LLC is in Delaware, Wyoming, or any other state. Delaware does not issue its own version of an EIN.
Your federal EIN and any Delaware state tax registration are two separate things. The EIN covers federal IRS reporting. State registration, if required for your business activities, comes from the Delaware Division of Revenue.
| Identifier | Issued by | Used for |
|---|---|---|
| Federal EIN (XX-XXXXXXX) | IRS | Federal taxes, banking, payment processors |
| Delaware state tax registration | Delaware Division of Revenue | State-level taxes (if applicable) |
| Delaware LLC entity number | Division of Corporations | State entity recordkeeping |
You may need both the federal EIN and state registration. Your EIN does not replace state tax registration. See state tax ID for details, and confirm your specific Delaware obligations with a CPA.
Use Cases
Why Do Non-Residents Choose Delaware for a US LLC and EIN?
Non-residents choose Delaware because its business law is established, its Court of Chancery resolves company disputes, and US investors recognize the structure. A Delaware LLC plus an EIN gives a foreign owner full access to the US dollar economy.
The EIN process does not change with your state choice. Whether you form in Delaware or Wyoming, you file the same Form SS-4 with the same passport number. Here are the most common reasons non-residents form a Delaware entity and apply for an EIN.
SaaS and Tech Startups
E-commerce and Amazon Sellers
Freelancers and Consultants
Holding and IP Structures
How to Apply
How Do You Get an EIN in Delaware?
You get an EIN in Delaware through the IRS, and the method depends on whether you have an SSN. US residents with an SSN apply online for free instant approval. Non-residents file Form SS-4 by fax to 855-215-1627, using a passport number on Line 7b.
| Method | Speed | Cost | SSN required |
|---|---|---|---|
| Online | Instant | Free | Yes |
| Fax | 4-7 business days | Free / $49 | No |
| Phone | Same day | Free | Yes |
| 4-6 weeks | Free | No |
The fax method is the practical path for non-residents because the IRS online tool requires an SSN. The phone line (800-829-4933) is restricted to applicants with a US SSN or ITIN. See how to get an EIN and EIN processing time for full detail.
Common reasons a Delaware SS-4 gets rejected
- Foreign address formatting that does not map to the SS-4 fields
- Line 7b left blank or filled with an invalid number
- Mismatched LLC name versus the Delaware formation records
- Wrong reason selected on Line 10
Step-by-Step
How Does a Non-Resident Apply for a Delaware EIN?
A non-resident applies by forming a Delaware LLC, completing Form SS-4 with a passport number on Line 7b, and faxing it to the IRS at 855-215-1627. The IRS issues most correctly filed EINs within 4-7 business days. No SSN or ITIN is needed.
Form Your Delaware LLC
Gather Your Documents
Complete Form SS-4
Submit by Fax and Receive Your EIN
Delaware SS-4 Field Guide
| SS-4 Field | Entry |
|---|---|
| Line 1 (Legal name) | Your Delaware LLC name |
| Line 4 (Address) | Your home-country mailing address |
| Line 7a (Responsible party) | Your full name as on your passport |
| Line 7b (SSN/ITIN/EIN) | Your passport number |
| Line 10 (Reason) | Started new business |
| Line 16 (Principal activity) | E.g., "software," "e-commerce," "consulting" |
See the full SS-4 form guide and the EIN without SSN guide. ein.so reformats foreign addresses to an IRS-accepted style so your application is not silently rejected.
Banking & Payments
How Do You Use a Delaware EIN for US Banking?
You use a Delaware EIN to open a US business bank account and connect payment processors, which together give a foreign-owned LLC access to the US dollar economy. Mercury and Relay approve most non-resident Delaware LLC owners remotely within a few business days.
US Business Bank Account
Stripe on a US Entity
PayPal Business (US)
Payment Card Acceptance
The bank verifies your EIN assignment letter (CP 575) and your Delaware formation documents before opening the account. Keep both documents ready as PDFs.
Tax & Compliance
What Must a Foreign-Owned Delaware LLC File Each Year?
A foreign-owned single-member Delaware LLC must file Form 5472 with a pro-forma Form 1120 each year. The penalty for failing to file is $25,000. These are information returns, not necessarily a tax bill. A single-member LLC owned by a non-resident is usually a disregarded entity for US federal income tax.
US Filing: Form 5472 + 1120
Delaware State Obligations
BOI Report to FinCEN
ITIN for Personal Filing
ein.so handles the EIN application and does not provide tax advice. Work with a US CPA familiar with non-resident matters to confirm your Form 5472, Delaware state, and personal filing duties. Your EIN is the starting point for US tax compliance. See EIN cost for a full price breakdown.
Next Steps
After Getting Your EIN in Delaware
- Open a US bank account — Mercury, Relay, and Wise accept non-resident LLC owners
- File your BOI report — required for most LLCs, filed at fincen.gov/boi
- Set up payments — connect your EIN to Stripe, PayPal, and US payout rails
- File Form 5472 — annually for foreign-owned LLCs ($25,000 penalty for non-filing)
- Review the EIN without SSN guide — confirm you used the correct fax method on Line 7b
Other states: Ohio | Illinois | Nevada | Wyoming. Browse all on EIN by State. For non-resident guides, see EIN for non-residents and how to get an EIN.
Frequently Asked Questions
Is a Delaware EIN different from a federal EIN?
No. The EIN is a federal number issued by the IRS, and it is the same 9-digit number (XX-XXXXXXX) regardless of state. Delaware does not issue its own version of an EIN. Your Delaware LLC uses the exact same EIN it would use in any other state for banking, taxes, and payment processors.
How do I get an EIN for a Delaware LLC as a non-resident?
Non-residents file IRS Form SS-4 by fax to 855-215-1627. Enter your passport number on Line 7b instead of an SSN. The IRS online tool requires an SSN, so it is blocked for most non-residents. ein.so prepares and faxes your SS-4, then delivers your EIN for $49 Standard (4-7 business days) or $97 Express (2-3 business days).
Do I need an SSN or ITIN to get a Delaware EIN?
No. You do not need an SSN or ITIN to get an EIN for a Delaware LLC. Your foreign passport number serves as identification on Form SS-4 Line 7b. The free IRS online tool requires an SSN, which is why non-residents use the fax method that ein.so handles for you.
How much does it cost to get an EIN in Delaware?
The EIN itself is free from the IRS ($0). ein.so charges $49 Standard or $97 Express to prepare and file Form SS-4 for non-residents who cannot use the online tool. Delaware also charges a separate state LLC filing fee paid to the Division of Corporations, which is not part of the EIN cost.
Does Delaware require a separate state tax ID?
Delaware may require separate state tax registration with the Division of Revenue depending on your business activities, such as gross receipts tax or withholding. This state registration is separate from your federal EIN. Your EIN covers federal IRS reporting only. Confirm your specific Delaware obligations with a CPA.
How long does it take to get a Delaware EIN by fax?
The IRS issues most correctly filed EINs within 4-7 business days by fax. Through ein.so, Standard processing takes 4-7 business days ($49) and Express takes 2-3 business days ($97). The mail method takes 4-6 weeks. The phone method (800-829-4933) is restricted to applicants with a US SSN or ITIN.
What does a foreign-owned Delaware LLC have to file each year?
A foreign-owned single-member Delaware LLC files Form 5472 with a pro-forma Form 1120 each year. The penalty for failing to file is $25,000. These are information returns, not necessarily a tax bill. You also need to keep the LLC in good standing with Delaware. Confirm your full filing duties with a US CPA.
Why do non-residents choose Delaware for a US LLC?
Non-residents choose Delaware for its established business law, the Court of Chancery, and investor familiarity. A Delaware LLC, an EIN, and a US bank account together give a foreign owner access to the US dollar economy. The EIN process is federal and identical to every other state, so your state choice does not change how you file Form SS-4.
Can I open a US bank account with a Delaware LLC and EIN?
Yes. Mercury, Relay, and Wise accept non-resident Delaware LLC owners with an EIN and a passport. You receive US account and routing numbers for ACH and domestic wires. The bank verifies your EIN assignment letter (CP 575) and your Delaware formation documents before opening the account.
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