How to Form a US LLC as a Non-Resident
You do not have to live in the United States, hold a US visa or have a Social Security Number to own a US LLC. Many founders form one to run an online business, invoice international clients or hold a US-registered company. This guide covers who can own one, what you need, what an LLC does and does not do for you, the US tax filings to expect, and the steps to form one from abroad.
Start Formation in United States →Can a non-resident own a US LLC?
Yes. A US LLC can be owned entirely by one or more people who live outside the United States and are not US citizens. There is no minimum capital, no requirement to visit the US, and no requirement to hold a US visa. The LLC itself must have a registered agent and an address in the state where it is formed.
What you need to form one
- a state to form in (Wyoming and Delaware are the ones founders ask about most)
- a company name that is available in that state and ends in LLC
- a registered agent with a physical address in the state
- the owners' names and a copy of an identity document, which your formation provider will need for its own checks
- an operating agreement, which is strongly recommended even for a single owner
- an EIN from the IRS once the LLC exists
What a US LLC does and does not do
- It does give the owners limited liability, when the LLC is run properly and kept separate from personal affairs
- It does give you a US-registered company, and an address through your registered agent
- It does let you apply for US bank, fintech and payment accounts, which each provider approves or refuses under its own rules
- It does not give you a visa, residency or the right to live or work in the US
- It does not remove your tax and reporting duties in the country where you live
- It does not make you tax-free automatically, and it does not hide the owner from banks and payment providers, which must identify who owns an account
US federal tax in one paragraph
A single-member LLC owned by a non-US person is generally treated as disregarded for US income tax. It is still required to file Form 5472 with a pro forma Form 1120 each year, and missing that filing can bring heavy penalties. An LLC with more than one member is generally taxed as a partnership and files Form 1065. Whether any US tax is due depends on where the income comes from and whether the LLC is engaged in a US trade or business. Your home country may tax the LLC's income too. This is general information; a tax professional should look at your case.
Ongoing obligations
- renew the registered agent every year
- pay the state's annual tax or file its annual report, whichever your state requires
- make the federal filings above on time
- keep the operating agreement and basic records
- register in any other US state where you set up a real presence
- follow the rules of the country where you live about companies you own abroad
Choosing a state
Wyoming and Delaware are the usual choices, and which fits you depends on cost, courts and investors. Our comparison of Wyoming and Delaware sets out the differences.
How CORPYO helps
CORPYO forms the LLC, can obtain its EIN, and can act as its registered agent, so the first steps are handled in one place. Opening a bank account remains a decision for the bank or fintech you apply to. This page is general information, not legal or tax advice.
Steps to form a US LLC from abroad
- 1Choose the state where the LLC will be formed
- 2Check that your company name is available in that state
- 3Appoint a registered agent with a physical address there
- 4File the formation document with the state
- 5Write the operating agreement
- 6Apply for the EIN
- 7Apply for a business bank or fintech account
- 8Put the annual renewals and tax filings in your calendar
Frequently Asked Questions
Can a foreigner own all of a US LLC?
Yes. Non-US residents and non-US citizens can own all of a US LLC. No US partner is required.
Do I need to travel to the US to form one?
No. Formation can be done remotely. Some banks or providers may ask you to verify your identity in their own way.
Do I need an SSN or a US address?
You do not need an SSN to form the LLC. The LLC's address in the state is normally your registered agent's.
Do I have to pay US tax?
It depends on where the LLC's income comes from and whether it is engaged in a US trade or business. Most non-resident owners still have filing duties even when no tax is due. Ask a tax professional.
Does a US LLC give me a visa or residency?
No. Owning a US LLC does not give you the right to live or work in the United States.
Can I open a US bank account with the LLC?
You can apply. Each bank or fintech decides for itself under its own checks, so no formation service can promise an account.
Related guides
Ready to form your US LLC from abroad?
CORPYO forms your LLC, can obtain its EIN and act as its registered agent.
Get Started Now →