
Do LLCs Get a 1099? (2026): The Rules for Paying and Being Paid
Whether an LLC gets a 1099 depends on its tax classification, not its name. Here are the 2026 rules for issuing — and receiving — a 1099, with examples.

Published: June 23, 2026
I'm Slava, founder of Jupid. Before this, I built Anna Money, where we worked with more than 60,000 small businesses and grew to $40M ARR. A surprising number of those owners were not US citizens or residents. They were founders in Lagos, Berlin, and São Paulo who had spun up a US LLC to take Stripe payments, sell on Amazon, or land American clients, and then hit the same wall: the US tax system wanted a number for them, and they did not have a Social Security number.
That number is the ITIN. In conversations with non-resident founders, I see the same confusion constantly. People mix up the ITIN with the EIN, assume it lets them work in the US, or apply at the wrong time and wait three months for a rejection. None of that is the founder's fault. The rules are scattered across IRS pages, and most of the advice online is written for someone else's situation.
This guide fixes that. An ITIN is a federal tax processing number for people who have a US filing obligation but cannot get an SSN. It is not a work permit, it is not immigration status, and it is not the same thing as your company's EIN. I'll walk through exactly who needs one, how the Form W-7 application works, the documents the IRS accepts, what an ITIN does and does not let you do, and a full worked path for a non-resident who owns a US LLC.
Here's what we'll cover:

An Individual Taxpayer Identification Number (ITIN) is a 9-digit number the IRS issues to people who need a US taxpayer identification number for federal tax purposes but are not eligible for a Social Security number. It has the same format as an SSN (XXX-XX-XXXX) and always starts with the digit 9.
The IRS created the ITIN so that anyone with a US tax obligation can file a return and be tracked in the system, regardless of immigration status. That is the whole point: it exists purely for tax administration. It lets a non-resident report income, claim a refund or a treaty benefit, or be listed as a spouse or dependent on someone else's return.
Here's the part that trips people up. An ITIN is tied to a person. It is not a business number, and it is not interchangeable with the EIN your LLC uses. If you run a US business as a foreign owner, you may end up needing both: an EIN for the company and an ITIN for yourself. More on that distinction below.
You need an ITIN if you have a federal tax purpose and you cannot get an SSN. The most common situations:
You are not eligible for an ITIN if you can get an SSN. That includes US citizens, green card holders, and anyone with work authorization. If you fall into that group, apply for an SSN through the Social Security Administration instead. The IRS will reject a W-7 from someone who qualifies for an SSN.
One nuance for LLC owners: forming a US LLC does not, by itself, require you to have an ITIN. Whether you need one depends on your personal filing requirements. A foreign owner of a US single-member LLC with no US-connected income may need an EIN for the company and a Form 5472 filing, but not necessarily a personal ITIN. We work through that exact case later in this guide.
These three numbers get blurred together constantly, and using the wrong one slows down everything from opening a bank account to filing a return. Here is the clean version.
| ITIN | SSN | EIN | |
|---|---|---|---|
| Stands for | Individual Taxpayer Identification Number | Social Security Number | Employer Identification Number |
| Issued by | IRS | Social Security Administration | IRS |
| For | A person with no SSN eligibility | A US person eligible to work | A business entity |
| Format | 9 digits, starts with 9 | 9 digits | 9 digits (XX-XXXXXXX) |
| Authorizes work? | No | Yes | N/A (it's for a company) |
| How to get it | Form W-7 | Form SS-5 (SSA) | Form SS-4 (IRS) |
The short rule: an SSN is for a person who can work in the US, an ITIN is for a person who has a US tax obligation but cannot get an SSN, and an EIN is for a business, not a person. Your LLC has an EIN. You, the owner, may have an ITIN.
If you are setting up the business side, our guide on Form SS-4 and the EIN application covers how a foreign owner gets a company EIN, and how to find your EIN number helps if you already have one buried in your paperwork. The two numbers serve different jobs, and you may genuinely need both.
This is the most important section for non-resident founders, because the misunderstandings here are expensive. The IRS is explicit that an ITIN does not:
What an ITIN does let you do is file a federal return and claim the tax benefits you are legally entitled to. With a valid ITIN, you can file jointly with a spouse, claim head of household status, and claim certain credits where you otherwise qualify, including the Child and Dependent Care Credit, the Premium Tax Credit, the Credit for Other Dependents (up to $500), and the American Opportunity Tax Credit (up to $2,500). It does not, however, open the door to the EITC.
You apply for an ITIN with Form W-7, Application for IRS Individual Taxpayer Identification Number. The application has three parts that travel together:
The top of Form W-7 asks you to check a box for why you need an ITIN. Choosing the right one matters because it determines whether you need to attach a return and which documents you supply. The reason codes:
| Box | Who it's for |
|---|---|
| a | Nonresident alien claiming a tax treaty benefit |
| b | Nonresident alien filing a US tax return |
| c | US resident alien filing a US return (substantial presence) |
| d | Dependent of a US citizen or resident alien |
| e | Spouse of a US citizen or resident alien |
| f | Nonresident alien student, professor, or researcher |
| g | Dependent or spouse of a nonresident alien holding a US visa |
| h | Other (including certain exceptions to the return requirement) |
Most non-resident founders filing a US return land on box b. A founder claiming only a reduced-withholding treaty benefit without filing a return uses box a under an exception.
The general rule is that Form W-7 must be submitted with a completed US federal tax return. You mail the return and the W-7 together to the ITIN unit — you do not file the return separately first. This is the rule people get wrong most often: they apply for the ITIN, wait, and only then file. That is backwards. The return and the application go in the same envelope.
There are exceptions that let you apply without attaching a return — for example, passive income subject to third-party withholding or treaty benefits, certain mortgage-interest reporting, dispositions of US real property, and a few others. If you qualify for an exception, you check box h and attach the documentation that supports it instead of a return.
The IRS needs to verify two things: your identity and your foreign status. There is exactly one document that proves both on its own.
The passport is the only stand-alone document. A valid, unexpired passport satisfies both the identity and foreign-status requirements by itself. This is why almost every clean ITIN application leads with a passport.
If you do not submit a passport, you need two documents from the IRS list, and together they must establish both identity and foreign status, with at least one showing your photograph. Accepted documents include:
For dependents, school records (under 24) or medical records (under 6) can be used. The photo requirement is waived for dependents under 14 (under 18 if a student).
A critical detail: if you mail original documents to the IRS, you are sending your actual passport, and it can be gone for weeks. That risk is the main reason most non-resident founders use a Certified Acceptance Agent instead, which we cover next.
You have three routes to get a W-7 packet to the IRS. They differ mostly in whether you have to part with your original passport.
1. By mail to the IRS ITIN unit. You send the W-7, your tax return, and your original or agency-certified documents to:
Internal Revenue Service
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
This works, but it means mailing your original passport internationally and waiting for the IRS to return it. For most founders abroad, that is a non-starter.
2. Through a Certified Acceptance Agent (CAA). A CAA is an individual or firm the IRS has authorized to verify your identity documents and certify them. The CAA reviews your originals, certifies the copies, and returns your passport to you on the spot — you never mail it to the IRS. CAAs operate both inside and outside the US, which makes this the standard route for non-residents. You'll pay a fee, but you keep your passport.
3. In person at an IRS Taxpayer Assistance Center (TAC). Some IRS TACs verify ITIN documents in person, by appointment only (schedule by calling 844-545-5640). They authenticate your passport and return it immediately, so this is a good option if you are physically in the US and near a participating center.
Once a complete packet reaches the IRS, plan on a wait. The IRS asks you to allow 7 weeks to be notified of your application status in writing. During peak season — January 15 through April 30 — or if you apply from overseas, it can take 9 to 11 weeks.
The practical implication: do not wait until April to start. If you have a return due and no ITIN yet, file Form 4868 for an automatic extension (you can request an extension without an ITIN) so you are not racing the clock while your W-7 sits in the queue.
Here is the path most non-resident founders actually walk. Maria lives in Spain, has no US ties, and forms a US single-member LLC to bill American SaaS clients through Stripe.
STEP 1 — Form the LLC and get a company EIN
Maria's LLC needs an EIN to open a US bank account and file.
No SSN or ITIN? She can't apply online — she files Form SS-4
by fax or mail (foreign applicants can also call the IRS
international line). EIN belongs to the COMPANY, not to Maria.
STEP 2 — Figure out her personal filing requirement
A single-member LLC is a "disregarded entity." Because the
owner is foreign, the LLC files Form 5472 + a pro forma
Form 1120 each year — even with no US tax due. (Missing this
filing carries a $25,000 penalty.) This filing uses the
COMPANY's EIN, not a personal ITIN.
STEP 3 — Does Maria need a personal ITIN?
- If her income is NOT effectively connected to a US trade or
business and she has no personal US return to file, she may
NOT need an ITIN at all — only the EIN + Form 5472.
- If she HAS a personal US filing obligation (e.g., income
effectively connected to a US business, or she wants to
claim a treaty benefit on a 1040-NR), she needs an ITIN.
STEP 4 — Apply for the ITIN (if needed)
- Complete Form W-7, check box "b" (nonresident filing a return).
- Attach her Form 1040-NR for the year.
- Use a CAA in Spain so she keeps her passport.
- Mail timeline: budget ~9-11 weeks from abroad.
STEP 5 — File on time
If the ITIN won't arrive before the deadline, file Form 4868
for an extension first, then submit the W-7 + return together.
The headline lesson: an EIN and an ITIN solve different problems. Many foreign LLC owners need the EIN and the Form 5472 filing, but only some need a personal ITIN. Figure out your personal filing requirement before you mail a W-7. Our single-member LLC tax guide goes deeper on the disregarded-entity rules, and if a US client ever asks you to fill out a W-9 form, note that non-residents use Form W-8BEN instead — your ITIN or EIN goes on that.
An ITIN is not permanent. It expires if it is not used on a US federal tax return for three consecutive tax years — at which point it lapses on December 31 of that third year. To use it again, you renew it.
You renew with the same Form W-7, this time checking the box "Renew an existing ITIN." A few rules worth knowing:
The takeaway for founders: if you file a US return every year, your ITIN stays active automatically. The expiration trap catches people who get an ITIN, file once, and then go several years without a US return.
Confusing the ITIN with the EIN. The single most common error. The EIN is for your company; the ITIN is for you. Foreign LLC owners often need the EIN and may not need a personal ITIN at all. Sort out which number solves which problem before applying.
Filing the return separately from the W-7. The federal return and the W-7 are supposed to go to the IRS together, in one packet. Filing the return on its own first creates a mismatch and delays.
Mailing your only passport overseas. If you mail originals to the IRS, your passport is out of your hands for weeks. Use a CAA, who certifies your documents and hands the passport back the same day.
Applying at the busiest time. Submitting between January 15 and April 30 pushes you into the 9-to-11-week window. If you can, apply earlier — or file Form 4868 for an extension so a slow W-7 does not make your return late.
Assuming an ITIN lets you work. It does not. It is a tax-processing number only, with no bearing on work authorization or immigration status.
Letting it lapse. Skip US returns for three straight years and your ITIN expires on December 31 of the third year. If you'll keep filing, this never bites you; if you won't, know that you'll have to renew before using it again.
Getting the ITIN is a one-time slog. Keeping your US business compliant afterward is the recurring work — and that is where most non-resident founders lose time and sleep. You're running a US entity across time zones, with US tax deadlines, US-dollar bookkeeping, and filings like Form 5472 that carry real penalties if you miss them.
Jupid is an AI accountant that lives in WhatsApp and iMessage. Connect your US business bank account, and Jupid pulls in every transaction and auto-categorizes it with 95.9% accuracy, so your books stay clean without a spreadsheet you have to babysit from another continent. When something is ambiguous, you settle it in a quick chat message, and Jupid learns how you categorize so the right treatment sticks going forward.
Because the categorization stays accurate in the background, your numbers are always current and your tax filing is built on data that already lines up. You can ask for a real-time read — "how much US revenue did I book this quarter?" — right in chat and get an answer in seconds, instead of reconstructing it at year-end. Jupid handles the tax compliance side too, which matters when you're managing a US company's obligations from abroad.
The ITIN and EIN get you into the system. Jupid keeps you in good standing once you're there. Try Jupid and let the bookkeeping run itself while you build.
This guide is for general educational purposes and does not constitute tax, legal, or immigration advice. ITIN eligibility, filing requirements, and document rules vary by individual situation and change over time. Verify current rules on IRS.gov and consult a qualified tax professional or Certified Acceptance Agent before filing Form W-7 or a US tax return.

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