Business in the USA

How to Open an LLC in the US as a Non-Resident

A complete, step-by-step guide for founders outside the US — eligibility, state choice, the exact filing steps, and what taxes and compliance look like afterward.

Founder opening a US LLC remotely

What Is a US LLC?

A Limited Liability Company (LLC) is a US business structure that legally separates your personal assets from your business's debts and liabilities — if the company is sued or can't pay a debt, your personal savings, home, or other property are generally protected.

Unlike a corporation, an LLC isn't taxed as a separate entity by default — profits “pass through” to the owner(s), who report them on their own tax return instead of the company filing and paying its own corporate tax. That simplicity, combined with minimal ongoing paperwork, is why the LLC is the most common structure for solo founders, freelancers, and small teams operating internationally.

Who Can Open a US LLC as a Non-Resident?

You don't need to be a US citizen, a US resident, or hold a US visa to form an LLC. Every US state allows non-residents to own 100% of an LLC, and there's no requirement to visit the United States at any point — formation, getting an EIN, and setting up a registered agent can all be done remotely.

  • A US visa is not required to open an LLC.
  • You do not need to live in the United States.
  • A Social Security Number (SSN) is not required to be an owner.
  • A single non-resident founder can be the LLC's sole member.
  • The entire process can be started and finished from your home country.

Forming a company doesn't, by itself, grant any immigration status or right to work in the US — it's a business structure, not a visa. Most non-resident founders use their LLC to invoice clients, receive payments, and run software, e-commerce, consulting, or agency businesses that operate primarily online.

Is It Worth Opening a US LLC?

For a founder outside the US, the most common reasons to form a US LLC are:

  • Liability protection — your personal assets are shielded from business debts and lawsuits, unlike operating as an individual/sole trader.
  • Access to US banking and payments — a US LLC with an EIN can open a US business bank account and use payment processors (Stripe, PayPal, etc.) that are difficult or impossible to access without a US entity.
  • Credibility with US clients — invoicing from a registered US company, with a US business address, is often simpler for American clients to pay and trust than an overseas entity.
  • Lower cost and complexity than a corporation — no board of directors, shareholder meetings, or corporate tax filing requirements.

An LLC isn't automatically the right structure for every business — founders planning to raise venture capital typically want a C-Corp instead (see “Taxes and Ongoing Compliance” below). Whether it's worth it for you also depends on your home-country tax situation — see Pricing for exact formation and ongoing costs.

Which State Should You Choose?

There's no single “best” state — it depends on what you're optimizing for.

Wyoming — privacy and low cost

A popular default for founders with no physical US presence: no state income tax, owners aren't published in public records, and annual renewal fees are among the lowest of any state.

Delaware — the standard for startups raising investment

Most US investors and their lawyers are already familiar with Delaware's corporate law and its specialized Court of Chancery, which is why it's the default choice for companies planning to raise venture capital.

Note: annual maintenance in Delaware tends to run higher than Wyoming or Florida — a minimum franchise tax applies every year regardless of revenue.

Florida — no state income tax, large agent infrastructure

A common choice for founders who expect some physical US presence or frequent travel to the US, backed by an established registered agent and banking ecosystem.

FeatureFloridaDelawareWyoming
Main focusCommerce / physical presenceInvestment / VCCost / privacy
Owner privacyLowMediumHigh
Annual renewal costMediumHighLow
State income taxZeroZeroZero
VC familiarityLowHighLow

“Zero” state income tax generally applies to companies with no physical operations in that state — confirm your own situation before relying on it.

Exact filing fees and timelines for every state are shown on Pricing. If you're not sure which fits your business, the formation wizard walks you through the tradeoffs before you commit.

Step-by-Step: How to Open Your LLC

  1. Choose your state and entity type. Most non-resident founders pick LLC over C-Corp unless they're planning to raise venture funding (see “Which State Should You Choose?” above).
  2. Reserve your name and file your Articles of Organization. This is the document that legally creates your LLC with the state's Division of Corporations (or equivalent) — FastLLC prepares and submits this for you.
  3. Set up a registered agent and a business address. Every state requires an LLC to have a registered agent with a physical in-state address to receive legal and state correspondence. That's a separate thing from a business mailing address, which you'll also want for bank correspondence and day-to-day mail — FastLLC includes both.
  4. Get an EIN (Employer Identification Number). Issued by the IRS, this is what lets you open a US bank account, use payment processors, hire vendors, and file taxes. Non-residents without a Social Security Number or ITIN can still apply for one.
  5. Draft an Operating Agreement. Not every state formally requires this internal document, but it's strongly recommended — it defines management rules, member responsibilities, and profit distribution, and reinforces the personal/business separation that gives you liability protection.
  6. Open a US business bank account. Once your LLC and EIN are in place, you can apply for a bank account and start invoicing and receiving payments in USD.

Documents and requirements at a glance

DocumentWhat it isWhy it matters
Articles of OrganizationThe filing that legally creates your LLC with the stateConfirms your company legally exists
EINFederal tax ID number, issued by the IRSRequired to bank, invoice, and file taxes legally
Operating AgreementInternal contract covering management and profit-sharingReinforces liability protection and prevents member disputes
Registered agentA representative with a physical address in your formation stateLegally required to receive state and legal notices
BE-13 SurveyOne-time federal filing with the Bureau of Economic AnalysisRequired for foreign-owned companies; avoids penalties
Business bank accountA US account opened in the company's nameLets you receive USD payments and keep finances separate
Don't forget the BE-13 Survey. Companies with foreign ownership may need to file a one-time BE-13 report (or a Claim of Exemption) with the US Bureau of Economic Analysis, generally within 45 days of formation — this is a statistical filing about foreign investment, separate from any tax return. It's easy to miss since it isn't a tax form, which is exactly why it catches non-resident founders off guard.

Filing typically takes 3–14 business days depending on the state. You can start this whole process now with the formation wizard — it walks through each step above and shows your exact total cost before you pay.

Taxes and Ongoing Compliance

Most LLCs are pass-through entities: the company itself doesn't pay federal income tax, and profits pass directly to the members, who report and pay tax individually. That avoids the double taxation a C-Corp can face — its profits are taxed at the corporate level, then again as dividends when shareholders receive them.

Whether a non-resident-owned LLC actually owes US income tax depends on the source of its revenue and whether the business has a US presence — many non-resident-owned LLCs with no US employees or offices owe little or no US income tax, but that doesn't mean there's nothing to file. A single-member LLC owned by a non-resident is generally a “disregarded entity” for tax purposes but still has an annual IRS reporting requirement (Form 5472 plus a pro forma Form 1120) even in a zero-tax year — and you may separately owe tax in your own country of residence.

A yearly compliance checklist looks like:

  • Annual report filed with the state, confirming your company's information is still accurate.
  • Franchise tax or annual state fee, where the state charges one.
  • Federal informational filings with the IRS (Form 5472/1120, or 1040-NR if personally applicable).
  • Registered agent renewal, so the state can keep reaching your company.

Miss a deadline and a state can eventually dissolve the company administratively — which is why tracking these dates matters as much as the initial filing.

This section is general, educational information, not tax or legal advice. Every founder's situation is different — confirm your specific obligations with a licensed accountant.

Why Open Your LLC with FastLLC?

Forming the company is only the first step — staying compliant is what actually matters long-term. FastLLC is built specifically for that:

  • EIN without an SSN or ITIN. Built for founders who don't have one — this is one of the most common blockers non-resident founders run into elsewhere.
  • Registered agent included for the first year with Essential and Premium plans, so your company stays in good standing from day one.
  • Compliance tracked automatically — annual report deadlines, registered agent renewals, and franchise tax due dates are tracked for you, with reminders before they're due.
  • Bookkeeping and tax filing available beyond formation, so compliance doesn't stop once the LLC is filed.
  • One transparent price shown before checkout — state filing fees are shown separately, so nothing is hidden at payment.
  • 100% remote — the wizard walks you through entity type, state, and package selection with no US visit required at any step.

Ready to see it for yourself? Start your LLC or compare plans on Pricing.

FAQ

No — you don't need a personal US address to form or operate an LLC. Your registered agent provides the required in-state address for legal and state mail, and FastLLC can provide a business mailing address on top of that.

It can, depending on your country's tax rules — a US LLC doesn't automatically create US tax residency for you personally, but many countries still require you to report foreign business income. This is general information, not tax advice; talk to a local accountant about your specific situation.

Most solo founders and small teams choose an LLC for its simpler taxes and lower maintenance. Founders planning to raise venture capital or issue employee stock options usually choose a C-Corp (typically in Delaware) instead, since VCs are set up to invest in that structure.

Yes — several banking partners work with non-resident founders using just an EIN and formation documents, no SSN or US visit required. Approval is always the bank's decision, not FastLLC's, but this is a normal, well-supported path.

States charge a late fee, and if it goes unresolved long enough, they can administratively dissolve the LLC. FastLLC tracks these deadlines for you and sends reminders well before they're due so this doesn't happen by accident.

Yes — a statutory conversion (or forming a new C-Corp and merging the LLC into it) is a well-established path many founders use once they're ready to raise institutional funding. It's more work than starting as a C-Corp from day one, so it's worth thinking about your 12-24 month plan before choosing.

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