Ilan Leibovitch & Co.Lawyer and real estate developer
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ITIN, EIN and a US Bank Account for a Foreign Investor: What You Need, When and How

A practical guide for Israeli US real estate investors: when you need an ITIN or an EIN, how to apply without an SSN, timing, and US bank account requirements.

By Adv. Ilan LeibovitchUpdated: 9 min read
Purchase processPl. V

In brief

An Israeli real estate investor in the US generally needs two identification numbers: an EIN, an identifying number for an entity such as an LLC, and an ITIN, a personal identifying number for someone who has no US Social Security number (SSN). A foreign applicant can get an EIN by phone, fax or mail, and by fax it usually takes about four business days. An ITIN is requested on Form W-7, as a rule together with the first tax return. A bank account can be opened even without a tax number, on the basis of a passport, but each bank sets its own policy, so the order of the steps needs to be planned in advance.

Key takeaways

  1. 1An EIN is the number of the entity (LLC or company). An ITIN is the personal number of a foreign individual who is required to file a tax return in the US.
  2. 2An international applicant cannot use the online EIN application. You file Form SS-4 by phone, fax or mail, and if the owner has no SSN or ITIN, you write 'foreign' in the relevant field.
  3. 3An ITIN is requested on Form W-7, as a rule attached to a tax return. There are exceptions, for example the sale of a property subject to FIRPTA or a mortgage on a US property.
  4. 4Processing time for an ITIN is about 7 weeks, and 9 to 11 weeks during the filing season or when filing from abroad. An ITIN that is not used on a tax return for three consecutive years expires.
  5. 5Under customer identification rules, a US bank may open an account for a foreigner on the basis of a passport number and country of issue, but each bank may be stricter.

What is the difference between an SSN, an ITIN and an EIN?

In brief: an SSN is a number for working citizens and residents, an ITIN is a personal tax number for foreigners who have no SSN, and an EIN is a number for a business entity. A typical Israeli investor is not eligible for an SSN, and will therefore use an ITIN for himself and an EIN for the entity that holds the property.

NumberFor whomWhen it is neededHow to obtain it
SSNCitizens, permanent residents and holders of a work permitNot relevant to most foreign investorsUS Social Security Administration
ITINAn individual who is required to file a tax return in the US and is not eligible for an SSNForm 1040-NR, FIRPTA refund, net track on rent, certain exceptionsForm W-7 to the IRS, as a rule with a tax return
EINEntities: LLC, partnership, company, trustOpening a bank account for an entity, Form 5472, partnership returns, payments to vendorsForm SS-4 by phone, fax or mail

An international applicant cannot use the online EIN application. You file Form SS-4 by phone, fax or mail, and if the owner has no SSN or ITIN, you write 'foreign' in the relevant field.

Key takeaways

How do you obtain an EIN for an LLC when the owner is Israeli?

The direct answer: you file Form SS-4 with the IRS by phone, fax or mail. The online application is not available to international applicants, that is, to someone who has no residence, principal place of business or principal office in the US. According to the form instructions:

  • Phone: 267-941-1099 (not a toll-free number), Monday through Friday between 6:00 a.m. and 11:00 p.m. Eastern Time. The caller must be authorized to receive the number on behalf of the entity.
  • Fax: from outside the US to 304-707-9471. The number is usually received within four business days, by return fax, so a fax number must be stated in the application.
  • Mail: Internal Revenue Service, Attn: EIN International Operation, Cincinnati, OH 45999. About four weeks, so file at least four to five weeks before you need the number.
  • The responsible party (Responsible Party): must be an individual, the person who ultimately owns or controls the entity. If he has no SSN or ITIN and is not eligible for an ITIN, write the word 'foreign' in field 7b. There is no need to wait for an ITIN in order to form an LLC.
  • Single-member LLC with a foreign owner: the form instructions allow an EIN to be requested for the purpose of filing Form 5472, with a dedicated description of a foreign-owned disregarded entity.
Order of actions

First register the LLC in the state, and only then request an EIN, because Form SS-4 requires the exact name of the entity and the date of formation. Without an EIN, in most cases it is not possible to open a bank account in the name of the LLC.

New York

When does an Israeli investor need an ITIN?

An ITIN is required when a person needs to file a US tax return or appear in one, and has no SSN. For real estate investors this happens mainly in these situations:

  • Rental income under the net track: someone who elects to be taxed on net income files a 1040-NR return each year, which requires an identification number.
  • Sale of a property: in order to receive a refund of the tax withheld under FIRPTA, and to receive from the IRS a stamped copy of Form 8288-A.
  • LLC with several members: each foreign partner receives a report of his share and files a personal return.
  • Mortgage on a US property: when the lender needs to report the interest.

How do you apply for an ITIN, and what are the exceptions?

The rule: you fill out Form W-7 and attach it to the first tax return (1040-NR), together with identity documents. The passport is the only document that suffices on its own to prove the identity and foreign status. You must send the original or a copy certified by the agency that issued the document. A copy certified by a notary is not enough.

There are exceptions that allow filing Form W-7 without a tax return. The important ones for real estate investors:

ExceptionWhen it appliesWhat to attach
Exception 1 - passive income subject to withholdingFor example a bank account that must be reported, or rental distributions that require reporting or withholdingAn original letter from the bank or from the withholding agent
Exception 3 - mortgage interestA mortgage on a US property that requires third-party reporting (Form 1098)The loan documents
Exception 4 - sale of property (FIRPTA)A sale subject to withholding at source, including an application for a withholding certificate on Form 8288-BThe relevant Forms 8288 or 8288-B
  • Where to file: by mail to the IRS service center in Austin, at an IRS service center in the US (by appointment), or through a Certifying Acceptance Agent. Such an agent verifies the passport, so there is no need to send the original to the US.
  • Processing times: according to the IRS, about 7 weeks for a notice. During the filing season (January 15 to April 30) or when filing from abroad, 9 to 11 weeks. Original documents are returned within 60 days.
  • Expiration: an ITIN that has not been used on a federal tax return for three consecutive tax years expires on December 31 of the third year. Renewal is done on Form W-7, as a rule with a tax return.
A common mistake

Someone who sells a property without an ITIN will not receive from the IRS a stamped copy of Form 8288-A, and the FIRPTA refund will be delayed. It is worth filing the ITIN application before the sale, together with Form 8288-B, and not after the money is already locked up.

How do you open a US bank account as a foreign investor?

The direct answer: it is possible, but it depends on the bank. Under the customer identification program (CIP) rules of federal regulation, a bank may accept from a foreign customer, instead of a tax number, a passport number and country of issuance or another government document. It may also open an account for a customer who has applied for a tax number and has not yet received it. However, the rules set only a minimum threshold, and each bank sets its own policy. In practice, many banks require a physical visit to the branch, additional documents or a minimum level of activity.

For an LLC account the bank will generally ask for:

  1. A certificate of formation (Articles of Organization) and a good standing certificate for the entity in the state.
  2. The IRS letter assigning the EIN.
  3. The Operating Agreement, which lists the holders of the interests and the authorized signatories.
  4. A passport of each controlling person and authorized signatory, and sometimes an additional identity document and proof of residential address.
  5. Form W-8BEN from the foreign interest holders, as a declaration of foreign status for withholding purposes.
  6. An explanation of the source of the funds and the purpose of the account, under the bank's anti-money laundering requirements.

What should you check on the Israeli side?

Transferring funds to the US and holding an account there also create obligations in Israel:

  • Transfer from the Israeli bank: the bank will usually require documents on the purpose of the transfer and the source of the funds. It is worth preparing in advance the purchase contract, the LLC documents and the details of the escrow account of the title company.
  • Reporting to the Israel Tax Authority: income from the property and from the account is reported in the annual return, with the foreign income appendix. If the Israel Tax Authority requests a capital declaration, the account and the interests in the LLC are included in it.
  • Power of attorney and authentication of signatures: formation documents, loan agreements and closing documents are often signed remotely. A document signed in Israel for use in the US often requires notarial authentication and an apostille, according to the requirement of the US party.

In what order is all this done? A practical timetable

  1. Decision on the holding structure (personal or LLC), together with an attorney and accountant in both countries.
  2. Forming the LLC in the relevant state and appointing a registered agent. Usually days to weeks, depending on the state.
  3. Requesting an EIN by fax or phone. By fax, about four business days.
  4. Opening a bank account for the entity. This is the stage whose duration is hardest to predict, so it is worth starting it before committing to a closing date.
  5. Purchase and closing through the title company, and giving Form W-8ECI to the management company if you elect the net track.
  6. ITIN together with the first tax return, or earlier under one of the exceptions.
  7. Annual calendar of deadlines: the 1040-NR return, Form 5472 if required, a state return and an annual return in Israel.

Regarding beneficial owner reporting to FinCEN (BOI): as of October 2026, companies formed in the US are exempt from reporting under FinCEN's final rule, and the obligation applies to foreign entities registered to do business in a US state. It is worth checking this subject again before formation.

Before you sign: how we accompany the organizing stage

Identification numbers and a bank account sound like a technical matter, but a delay in them can postpone a closing or lock up unnecessary funds. We build with the investor a timetable that starts from the closing date and works backwards, prepare the entity documents and powers of attorney, coordinate with the bank and the title company, and make sure that all the numbers and forms are ready before the transaction needs them.

Important to know

The information in this article is general and does not constitute legal advice or tax advice for a specific case. IRS and bank procedures are updated from time to time, and the data is as of October 2026. Each case must be reviewed on its own merits.

Frequently asked questions

Can you get an EIN without an SSN or ITIN?

Yes. A foreign applicant files Form SS-4 by phone, fax or mail, and if the responsible party has no SSN or ITIN, you write 'foreign' in the relevant field. The online application is not available to international applicants.

How long does it take to get an ITIN?

According to the IRS, about 7 weeks. During the filing season (January 15 to April 30) or when filing from abroad, 9 to 11 weeks. According to the IRS, an application filed together with an application for a FIRPTA withholding certificate is processed within 10 days of its receipt.

Can an Israeli open a bank account in the US without a tax number?

The regulation allows a bank to open an account for a foreign customer on the basis of a passport number and country of issuance, or for a customer who has applied for a tax number. However, each bank sets its own policy, and many banks require a visit to the branch and additional documents.

Does an ITIN expire?

Yes. An ITIN that has not been used on a federal tax return for three consecutive tax years expires on December 31 of the third year. Renewal is done on Form W-7, as a rule together with a tax return.

Do you need an ITIN in order to form an LLC?

No. You can form an LLC and obtain an EIN even without an ITIN. An ITIN will be required of the owner when he needs to file a personal tax return in the US, for example on rental income under the net track or for the purpose of a FIRPTA refund.

Read next · 9 min readTitle Insurance and Escrow in a US Transaction: What Protects You and What Does NotTitle insurance and escrow in the US: what the owner's policy covers, exceptions to check, how the escrow account works and how to defend against wire fraud.Read the guide

Sources

  1. IRS - How do I apply for an ITIN
  2. IRS - Instructions for Form W-7
  3. IRS - How to renew an ITIN
  4. IRS - Instructions for Form SS-4
  5. IRS - Get an employer identification number
  6. IRS - Reporting and Paying Tax on U.S. Real Property Interests
  7. eCFR - 31 CFR 1020.220, Customer identification program requirements for banks
  8. FinCEN - Beneficial Ownership Information Reporting

The information in this guide is general in nature and does not constitute legal or tax advice on any specific transaction. Every transaction is assessed on its own facts.

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