Can I Open an LLC fas a non-US resident? How to guide

Business owners from around the world can establish a presence in the American market through a limited liability company (LLC). If you're a non-US resident wondering whether you can form a US LLC, the answer is yes – and the process might be more straightforward than you think.

This comprehensive guide covers everything you need to know about starting and managing a US LLC as a non-resident, from choosing the right state to understanding your tax obligations and managing your international business effectively.

Can Non-US Residents Form an LLC in the United States?

Yes, non-US residents can legally form an LLC in the United States without being US citizens or having a green card. Establishing a US LLC can provide significant advantages, including access to the US market, enhanced business credibility, asset protection through limited liability, easier fundraising from investors, and potential tax benefits.

Non-US residents have the same rights as US citizens when it comes to forming and operating an LLC. There are no citizenship or residency requirements imposed by any state for LLC ownership. However, non-residents do face some unique challenges, particularly when it comes to obtaining an Employer Identification Number (EIN) and opening a US bank account.

The good news is that these challenges can be overcome with the right knowledge and preparation, which we'll cover in detail throughout this guide.

Step-by-Step Guide to Forming a US LLC as a Non-Resident

Forming a US LLC as a non-resident is a relatively straightforward process that can typically be completed within a few weeks. While you'll need to follow specific requirements for non-residents, thousands of international entrepreneurs successfully establish US LLCs each year. The process involves six key steps:

1. Choosing the Best State for Your LLC

Selecting the right state for your LLC is one of the most critical decisions you'll make. While you can form an LLC in any state, non-residents typically consider these popular options:

• Delaware: Preferred by startups seeking venture capital and investors due to its well-established business courts and corporate law framework. However, it has higher annual fees and franchise taxes.
• Wyoming: Excellent for smaller businesses and entrepreneurs due to low filing fees (approximately $100-150) and minimal annual costs. Wyoming has no state income tax, strong privacy protections, and is particularly suitable for online businesses.
• Nevada: Offers strong privacy protections and no state income tax. Nevada is known for its business-friendly regulations but has somewhat higher filing fees than Wyoming.
• New Mexico: Another low-cost option with minimal reporting requirements and strong privacy protections. New Mexico doesn't require annual reports for LLCs.

Consider your long-term business goals, budget, and desire for privacy when making your choice. For most online businesses, Wyoming provides an excellent balance of affordability, privacy, and minimal ongoing requirements.

2. Select and Register Your LLC Name

Your LLC name must be unique within your chosen state and typically must include 'LLC', 'L.L.C.', or 'Limited Liability Company' in the name. Before finalizing your selection:

1. Check availability: Use your state's business name database (usually found on the Secretary of State's website) to verify that your desired name isn't already taken.
2. Consider domain availability: Ensure you can register a matching website domain for your business.
3. Avoid restricted words: States prohibit certain words (like 'Bank', 'Insurance', or 'University') without special permissions.
4. Optional DBA: If you want to operate under a different name than your official LLC name, you can file for a 'Doing Business As' (DBA) name after forming your LLC.

Most states also offer name reservation services for a small fee if you want to secure your name before filing your formation documents.

3. Hiring a Registered Agent for Your LLC as a Non-Resident

LLCs need to have a registered agent. The registered agent receives important legal notifications and other communications sent to the company.

As a non-resident LLC owner, you'll need to appoint a registered agent with a physical street address (not a P.O. Box) in the state where you're forming your LLC. The registered agent must be available during normal business hours to receive official documents, including legal notices, state correspondence, and tax documents.

You have several options:

• Use a professional registered agent service (typically $100-300 annually)
• Appoint a trusted individual who resides in your LLC's state
• Use your LLC formation service's registered agent option, which is often included in their packages

Most non-resident LLC owners opt for professional registered agent services, which provide reliability, privacy (your personal address won't appear on public records), and often include compliance reminders for annual reports and other state requirements.

4. Filing Legal Documents

Most states require LLCs to file articles of organization. The articles of organization provide basic information about the company.

You will need to provide a list of company members, your business address, and other information that the state requests. You may also need to file an operating agreement.

Filing can typically be done online through the state's Secretary of State website. The filing fee varies by state, ranging from approximately $50 to $500. Processing times also vary, with some states offering expedited service for an additional fee.

In addition to the articles of organization, it's highly recommended to create an operating agreement even if your state doesn't require one. This internal document outlines ownership percentages, member responsibilities, and procedures for handling various business situations. For non-resident LLC owners, having a formal operating agreement is particularly important when opening a US bank account or dealing with potential legal issues.

5. Obtaining an Employer Identification Number (EIN) as a Non-Resident

An Employer Identification Number (EIN) is essentially a tax ID for your business, required for tax filings, opening a business bank account, and hiring employees. Non-residents without a Social Security Number (SSN) can still obtain an EIN by:

1. Completing Form SS-4: File this application with the IRS, either online, by mail, or by fax.
2. Phone application option: Non-residents can call the IRS International Applicants line at +1 267-941-1099 (not toll-free) to obtain an EIN. Be prepared with your completed SS-4 form information when calling.
3. Third-party assistance: Your registered agent service or a specialized business formation service can often help facilitate this process.

The IRS typically issues EINs immediately for online applications, within 4 business days for faxed applications, and within 4-5 weeks for mailed applications. Non-residents should be aware that the online application system requires an individual with an SSN to be the responsible party, so the fax or phone methods are often more practical.

6. Opening a US Business Bank Account for Your LLC

After you complete these steps, you can open a bank account for your LLC. The bank will need to see your company formation documents and other identification information to set up this account.

If you want to open a business account as a non-US resident, there are a few options available. However, it can be tricky getting US account details as a non-US resident. You can read the full guide on how to open a business bank account for LLC for the best tips.

One option to consider is the Wise Business account. Wise provides convenient business accounts that can be a great option for non-US resident LLCs.

Open a Wise Business account today:
Easy to set up, easy to use

Wise is not a bank, but a Money Services Business (MSB) provider and a smart alternative to banks. You can open an account online and get US account details to receive payments like a local.

Moreover, the Wise Business account enables you to send, receive, and hold non-US currencies with ease. All in one place.

Challenges and Solutions for Opening a US Bank Account as a Non-Resident LLC Owner

Opening a US bank account is often the most challenging step for non-resident LLC owners due to stringent Know Your Customer (KYC) and anti-money laundering regulations. Here's what you need to know:

Common Challenges:

• Physical Presence Requirements: Many traditional banks require you to appear in person to open an account
• US Address Verification: Banks typically require proof of a US address
• Additional Documentation: Non-residents often face requests for extra verification

Effective Solutions:

1. Online-First Banks: Consider fintech and online-focused banks that cater to international business owners, such as Mercury, Relay, or Wise Business.
2. Use Your Registered Agent's Address: Many registered agent services allow you to use their address for banking correspondence.
3. Prepare Complete Documentation: Have these documents ready:
   • LLC formation documents (Articles of Organization)
   • EIN confirmation letter from the IRS
   • Operating Agreement
   • Passport or other government ID
   • Proof of address from your home country
   • Business plan or explanation of your business activities
4. Consider Visiting the US: If possible, scheduling a trip to the US specifically to open your account in person can greatly increase your chances of approval.
5. Explore Wise Business: The Wise Business account offers US account details for receiving payments like a local, plus the ability to hold multiple currencies, which is ideal for international business owners.

Many successful non-resident LLC owners ultimately use a combination of services – perhaps a traditional US business account for receiving domestic payments and a specialized international business account like Wise for managing global transactions and currency conversions.

Advantages of Forming a US LLC for Non-Residents

There are many advantages to filing an LLC in the United States if you are not a resident. In most cases, it makes sense to incorporate a US LLC if you operate in the United States.

Credibility: Filing an LLC shows you are committed to the US market. Doing this may help you when dealing with customers and vendors. A US business address and phone number can significantly enhance your company's professional image.

Asset Protection: One of the most significant benefits of an LLC is the separation between personal and business assets. Your personal property is generally protected from business liabilities and debts.

Investors: If you want to raise money from investors, the process may be easier if you have a US LLC. Many venture capital firms and angel investors prefer to work with US-based entities.

Easy to file: It can be easy to file a US LLC. You can also pay for expedited services and may be able to form an LLC in less than a week in some states.

Tax Benefits: LLCs offer flexible tax options, allowing you to choose how you want to be taxed. By default, single-member LLCs are treated as "disregarded entities" for tax purposes, while multi-member LLCs are taxed as partnerships.

Tax Obligations for Non-Resident LLC Owners

As a non-resident LLC owner, understanding your US tax obligations is crucial. Your tax treatment depends on your LLC's structure and activities:

Federal Tax Obligations:

• Single-member LLCs are typically considered 'disregarded entities' for tax purposes
• Multi-member LLCs are taxed as partnerships by default
• Either type can elect to be taxed as a corporation if advantageous

Key Tax Considerations:

1. US-Sourced Income: Non-residents only pay US federal taxes on income that is 'effectively connected' with a US trade or business (ECI) or certain types of passive US-source income.
2. Required Tax Filings: Even if you owe no US taxes, you may still have filing obligations:
   • Form 5472 and pro forma Form 1120 for single-member foreign-owned LLCs
   • Form 1065 for multi-member LLCs
   • Form 1040-NR for individual non-resident owners with US-source income
3. Reporting Deadlines: Most tax forms must be filed by April 15th each year, with possible extensions available.
4. State Taxes: Depending on where your LLC operates, you may also have state tax obligations.
5. Beneficial Ownership Reporting: Foreign-owned LLCs must file Beneficial Ownership Information Reports with FinCEN.

Please verify the current tax filing deadlines and requirements from the official IRS website. Consulting with a tax professional who specializes in international tax matters is highly recommended to ensure full compliance with all US tax regulations.

Managing and Maintaining Your US LLC

After successfully forming your LLC, there are ongoing requirements to keep it in good standing with state and federal authorities:

Annual State Requirements:

• Annual Reports: Most states require LLCs to file annual reports or statements, often with associated fees.
• Franchise Tax Payments: Some states, like Delaware, charge franchise taxes to LLCs regardless of whether they generate income.
• State-Specific Filings: Check your state's specific requirements, as they vary significantly.

Federal Requirements:

• Tax Filings: Submit required tax forms by their deadlines, even if no tax is owed.
• Beneficial Ownership Updates: Update your Beneficial Ownership Information Report if there are changes in ownership.
• Maintaining Records: Keep corporate records and financial statements separate from personal finances.

Best Practices for Non-Resident LLC Owners:

1. Create a Compliance Calendar: Mark all filing deadlines and renewal dates.
2. Maintain a US Business Address: Use your registered agent's address or a virtual mailbox service.
3. Keep Your Registered Agent: Ensure your registered agent service remains active.
4. Regular Financial Recordkeeping: Maintain detailed financial records for tax purposes.
5. Consider Professional Help: Many non-resident owners hire US-based accountants or compliance services to ensure nothing is missed.

Maintaining good standing is crucial - failure to comply with state requirements can result in penalties, fees, or even administrative dissolution of your LLC. Most registered agent services offer compliance packages that help you stay on top of these requirements.

How Wise Business Helps Non-Resident LLC Owners Succeed Globally

Managing an international business with a US LLC presents unique financial challenges, especially when it comes to receiving payments, managing multiple currencies, and controlling costs. Wise Business provides powerful solutions specifically tailored to non-resident LLC owners:

Streamlined Global Financial Management:

• US Banking Details Without US Residency: Obtain US account details to receive payments like a local American business, even without US residency.
• Multi-Currency Accounts: Hold, exchange, and manage 50+ currencies in one account, eliminating the need for multiple international bank accounts.
• Transparent Foreign Exchange: Save money when converting between currencies, with the mid-market exchange rate and low, transparent fees.

Integrated Business Tools:

• Accounting Integrations: Seamless connections with QuickBooks, Xero, and other accounting platforms make recordkeeping simple.
• API Access: Automate payments and financial processes through Wise's robust API if your business requires custom integration.
• Team Access Controls: Add team members with customized permissions, allowing delegated financial management without sacrificing security.

E-commerce and Digital Business Support:

• Easy Integration with US Platforms: Connect with Amazon, Stripe, PayPal, and other US payment platforms to receive your earnings.
• Simplified Invoice Collection: Generate and track professional invoices through Wise's invoice creation tools.
• Virtual Cards: Create virtual business debit cards for online subscriptions and services, with real-time spending controls.

The Wise Business account functions as an ideal complement to your US LLC, giving you the financial flexibility to operate globally while maintaining your US business presence. This combination provides non-resident entrepreneurs with the best of both worlds: the credibility and market access of a US business entity, plus the international financial capabilities needed to operate truly globally.

Open a Wise Business account today:
Easy to set up, easy to use

Frequently Asked Questions about LLCs for Non-US Residents

Can a non-resident open a US LLC?

Yes, non-US residents can form and own LLCs in the United States without being citizens or having a physical presence in the country. There are no citizenship or residency requirements for forming an LLC in any US state.

Do I need to visit the US to form an LLC?

No, you do not need to visit the US to form an LLC. The entire process can be completed remotely by working with a registered agent service or business formation company. However, some banks may require an in-person visit to open a business bank account.

Which state is best for non-resident LLCs?

Wyoming is often considered the best state for most non-resident LLCs due to its low formation and maintenance costs, privacy protections, and lack of state income tax. Delaware is preferred for businesses seeking venture capital, while Nevada and New Mexico are also popular options with their own advantages.

Do I need a US visa to own an LLC?

No, you do not need a US visa simply to own an LLC. However, if you plan to work in the United States and actively manage your business in person, you would need an appropriate work visa. Merely owning an LLC does not grant you the right to work in the US.

How long does it take to form an LLC as a non-resident?

The timeline varies by state, but typically it takes 1-3 weeks to complete the LLC formation process. Some states offer expedited processing for an additional fee, which can reduce the time to a few business days.

Can I open a US bank account remotely for my LLC?

While traditionally difficult, there are now more options for non-residents to open US bank accounts remotely. Online-focused banks and financial services like Wise Business are more accommodating to non-resident LLC owners. However, traditional banks often require in-person visits.

What taxes do I need to pay as a non-resident LLC owner?

Non-resident LLC owners generally only pay US federal taxes on income that is "effectively connected" with US trade or business. Even if you owe no taxes, you may still have filing obligations, including Form 5472 for single-member foreign-owned LLCs or Form 1065 for multi-member LLCs.

Conclusion

Forming a US LLC as a non-resident is a practical and achievable way to establish a presence in the American market while benefiting from asset protection and potential tax advantages. While there are specific challenges unique to non-resident LLC owners—particularly around obtaining an EIN and opening a bank account—these can be overcome with proper planning and the right service providers.

By following the step-by-step process outlined in this guide and understanding your ongoing compliance responsibilities, you can successfully establish and maintain your US LLC from anywhere in the world. Consider your business goals carefully when choosing which state to form in, and don't hesitate to seek professional assistance for complex matters like tax compliance.

For non-resident LLC owners looking to seamlessly manage international finances, Wise Business offers a powerful solution that complements your US LLC with global banking capabilities, making it easier than ever to operate a truly international business with a US presence.

Open a Wise Business account online

Ready to start your US LLC? Begin by researching the best state for your specific needs, and consider working with a reputable formation service that specializes in helping non-residents navigate the process.

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Sources

1. South Carolina Annual Report | UpCounsel 2023
2. About Form SS-4, Application for Employer Identification Number (EIN) | Internal Revenue Service (irs.gov)
3. Why Do So Many Startups Form Their Corporations in Delaware? | Startup Law Blog | Davis Wright Tremaine (dwt.com)
   Sources checked November 2025.