Applying for an EIN for RESP

nakubo.1974 · Post by **nakubo.1974** » Thu Mar 06, 2014 2:08 pm

My wife and I are joint account holders of an RESP for which I will be filing the required US forms. I am applying online for an EIN. Please clarify the following about the online EIN application process.

1) What type of legal structure is applying for an EIN?
Is "Trusts" the correct choice for an RESP even though it doesn't really meet the definition given, i.e. "A trust is a legal entity that is created under state law and is taxed under federal law. The trust can be created to perform one act or a series of acts."?

2) Identify the type of Trust.
Is "Trust (All Others)" the best choice or should I choose "Custodianship" or "Guardianship"?

3) Who is the Trustee of the Trust?
Do I choose "Individual" and proceed to give my information?
Do I also choose "I am the grantor, trustee, or a beneficiary having a material interest for this trust."?

4) What is the Mailing Address for the Trust?
Do I enter the mailing address of TD Mutual Funds or give my address?

Assuming I enter the Canada mailing address of TD Mutual Funds:
On the same page, it asks "Do you have a U.S. address that is different from above?"
Should I select "Yes" and give my mailing address?

Note:
The EIN may not be required because the Reference ID number can be used instead. However, Mr. Serbinski on another post indicated that the IRS was assigning an EIN anyway and asking for an SS-4 later on.

I intend to use the EIN only on 3520 and 3520-a. For the 8621, I will use the Reference ID number. This is because I am stating the PFIC name as "TD Mutual Funds" for which I definitely cannot apply for an EIN. I am stating the Trust name as "TD Mutual Funds RESP account # <my>" which I believe I can apply an EIN for.

nakubo.1974 · Post by **nakubo.1974** » Fri Mar 07, 2014 4:24 pm

I hate to bump up my thread but any replies will be greatly appreciated. I have to file the 3520/3520-a next week or file an extension. After doing taxes on my own for 18 years, I never thought that filling out forms will be so difficult.

nelsona · Post by **nelsona** » Fri Mar 07, 2014 4:48 pm

Call an accountant. Bump him.

MGeorge · Post by **MGeorge** » Mon Mar 10, 2014 10:05 am

Hi Nakubo,
For tax year 2013, you don't need an EIN for forms 3520/3520A and 8621.
You just have to come up with your own "reference ID" and use it consistently.

For 2012 and earlier - it is required.

I hear that it is straight forward to get an EIN, but I can't figure out that SS-4 form either and have never done it successfully.

nakubo.1974 · Post by **nakubo.1974** » Mon Mar 10, 2014 12:06 pm

Hi MGeorge, thanks for your input. It reinforces my opinion. I am submitting those forms without the EIN even though I was able to figure out some of the details by looking at Form SS-4.