You filled in the online EIN assistant, pressed submit, and got a page that apologizes and refuses to give you a number. Somewhere on it is a reference number: 101. Nothing you did was wrong, and re-submitting will not help. Here is what the code actually means and the route that gets you the EIN.
What reference 101 means
Reference number 101 is a name conflict. The IRS system already holds an entity whose name is identical or too close to the one on your application, so it will not issue a new number automatically.
The message itself is deliberately vague: the assistant says it is unable to provide you with an EIN based on the information provided, and stops. It does not tell you which name it collided with, and there is no screen that lets you resolve it.
The conflict is usually not in your own state. Your Secretary of State cleared your name because it was unique there. The IRS looks nationally, so an unrelated company in another state with a similar name is enough to trigger the block.
The part that costs people the most time
Once your application returns 101, that entity is finished with the online tool. Trying again the next day, in a different browser, or with the name typed slightly differently does not clear it. People lose weeks here, submitting variations and getting the same page.
The online assistant is a convenience layer. When it declines, the application has to go to a human, and that means fax or mail.
The fax route, step by step
- Complete Form SS-4 on paper. The same information, but this version gets reviewed by a person, so the fields that the assistant would have validated silently now need to be right the first time.
- Attach your formation documents. The stamped Articles of Organization or Certificate of Formation from your state. This is what lets the reviewer confirm your entity is genuinely distinct from whatever it collided with.
- Fax it to the right number. Applicants with a US address use 855-641-6935. Applicants without a US address use 304-707-9471.
- Put a return fax number on the form. This is the single most consequential line on the page. Include it and the IRS faxes the EIN back, commonly in about four business days. Leave it out and they mail a letter to the address on the form, which for an overseas address turns four days into several weeks.
- Keep the transmission confirmation. If nothing comes back, that page is what you refer to when you call.
Treat the four business days as the good outcome rather than the plan. Processing times have moved with IRS staffing through 2025 and 2026, and applications from overseas sit at the slower end of the range.
The phone option, and who it is actually for
There is an international line, +1 267-941-1099, open 6am to 11pm Eastern, Monday to Friday. An agent completes the SS-4 with you on the call and issues the EIN before you hang up.
It is restricted to applicants whose business has no legal residence or principal place of business in the United States. If you qualify, it is by far the fastest path, and it is worth having the completed form in front of you before you dial, because the agent will read through it line by line.
One detail that routes people away from the phone unexpectedly: if you are using a third-party designee whose address or fax number matches the applicant's own contact details on the form, the IRS requires the application to go by fax or mail instead.
If you are a non-US founder, read this part
Foreign founders hit 101 more often than US applicants, and for an additional reason. If the responsible party has no SSN or ITIN, the online assistant cannot validate the number in real time and the application fails, sometimes surfacing as 101 and sometimes as a different code.
The fix is the same route, with two specifics that matter:
- On line 7b, where the form asks for the responsible party's SSN or ITIN, write foreign if you have neither and are not eligible for one. Leaving it blank is the most common reason an international application stalls.
- Do not apply for an ITIN first in order to get past this. You do not need one for the EIN, and an ITIN application adds weeks for no benefit at this stage. We cover the whole process in getting an EIN without an SSN.
Should you change your company name?
Almost never, and certainly not as a first move. Changing the name means amending your state filing, paying the fee, waiting for new stamped documents, and updating everything that already carries the old name. The fax route resolves the great majority of 101s without touching the name at all.
The exception is when your name is genuinely close to a well-known national brand. In that case the conflict is likely to recur, and it is worth resolving before you build anything on top of it.
The other reference numbers you might see
101 is the common one, but the assistant returns several codes and they do not all mean the same thing. Some point at a name conflict, some at a responsible party who already has the maximum number of EINs for the day, some at a data mismatch. If your code is not 101, the fix is not necessarily the one on this page, and it is worth identifying the specific code before acting.
What to do right now
- Stop resubmitting online. That path is closed for this entity.
- Fill in Form SS-4 on paper, with a return fax number and, if you have no SSN or ITIN, the word "foreign" on line 7b.
- Attach your stamped formation documents.
- Fax to 855-641-6935 with a US address, or 304-707-9471 without one. If your business has no US presence at all, consider the phone line instead.
- Expect four business days at best and plan for longer.
Once the EIN arrives, the next wall is usually the bank application. We cover why those get declined in this piece on US bank applications for foreign-owned LLCs.
IRS numbers, addresses, and processing times change. Confirm them on irs.gov before you send anything.
Stuck on 101 and need the number this week?
We file SS-4s for foreign-owned US companies every week, including the ones the online assistant has already refused. If you want it handled rather than retried, send us your formation documents.
Frequently asked questions
What does EIN reference number 101 mean?
It means the IRS found a name conflict. Its records already contain an entity whose name is identical or too similar to the one on your application, so the online assistant will not issue a number automatically. The conflict is often with a company in a different state, which is why your own state approved the name.
Can I just apply again online after getting error 101?
No. Once an application returns 101, that entity is finished with the online assistant. Retrying in a new session, a different browser, or with small changes to the name produces the same result. The application has to go to a person by fax or mail.
Where do I fax Form SS-4 after a 101 error?
Applicants with a US address fax 855-641-6935. Applicants without a US address fax 304-707-9471. Include a return fax number on the form so the IRS can fax the EIN back, commonly within about four business days, rather than mailing a letter.
Do I have to change my company name to get past error 101?
Usually not. The fax route resolves most 101 cases without any name change, and changing the name means amending your state filing and reissuing documents. The exception is a name that closely resembles a well-known national brand, where the conflict is likely to keep recurring.
I have no SSN or ITIN. Does that cause error 101?
It can contribute. The online assistant validates the responsible party's SSN or ITIN in real time, and an application without one fails, sometimes as 101 and sometimes as another code. On the paper SS-4, write "foreign" on line 7b if you have neither and are not eligible. Do not apply for an ITIN just to get an EIN, because you do not need one.
How long does the fax route take?
The IRS guideline is about four business days when a return fax number is on the form. Treat that as the best case. Processing has fluctuated with IRS staffing, and applications from outside the US sit at the slower end. Budget several weeks if you are planning around a bank appointment.
Sources: IRS Instructions for Form SS-4 and IRS EIN application guidance, including the international applicant telephone line and the fax numbers for domestic and foreign applicants. Current as of 27 July 2026. IRS numbers and processing times change; confirm on irs.gov before filing.