StarterFuel · GuidesStart your company →
StarterFuelGuides › How to start a US LLC as a non-resident

How to start a US LLC as a non-resident

Updated 2026-07-28 · 11 min read

You do not need to live in the US, hold a visa, or have a Social Security number to own a US company. Here is the whole process — including the two parts almost every other guide skips: the bank account, and the one tax form that trips people up.

Founders outside the US set up American companies every day — to bill US customers, take Stripe or PayPal, hold funds in dollars, or simply operate under a structure investors and partners recognize. The rules genuinely allow it: a non-resident, non-citizen can own 100% of a US LLC, with no US visa or Social Security number required.

What the popular guides gloss over is everything after the filing — getting a tax ID without an SSN, actually opening a bank account from abroad, and the annual paperwork. This guide covers the full path so you can decide with your eyes open.

Can a non-resident really own a US LLC?

Yes. There is no citizenship or residency requirement to be the owner (member) of a US LLC. You can form and own one from anywhere. The two things that take extra steps as a non-resident are (1) getting a tax ID number, since you likely have no SSN, and (2) opening a US bank account, since most banks want an in-person visit — both solvable, and covered below.

Step 1 — Choose the state

You can form in any of the 50 states, and as a non-resident you are not tied to where you live. In practice most non-resident founders weigh three:

StateWhy founders pick itWatch-outs
DelawareThe default founders and investors recognize; strong, predictable business law.Annual franchise tax (flat for LLCs) plus registered-agent cost.
WyomingLow fees, low annual cost, strong privacy; popular with bootstrappers.Less "brand" recognition than Delaware with some investors.
New MexicoVery low cost, no annual report; simplest to maintain.Thinner ecosystem; fewer service providers geared to it.

If you plan to raise venture money later, Delaware is the safe pick (though many funds ultimately want a Delaware C-corp, not an LLC — see the LLC-vs-C-corp question in the FAQ). If you are bootstrapping and want the cheapest thing to run, Wyoming or New Mexico are hard to beat. Do not pick a state just because you found a customer there; for a fully remote, non-resident business it rarely matters where your buyers are.

Step 2 — Appoint a registered agent

Every US LLC must have a registered agent — a person or company with a physical address in the state of formation who can receive legal and government mail on the company's behalf. As a non-resident you almost certainly need a commercial registered-agent service; it is inexpensive (typically a modest annual fee) and required for the filing to go through.

Step 3 — File the formation documents

You (or a formation service acting for you) file the LLC's formation document — called the Articles of Organization or Certificate of Formation depending on the state — with that state's business registry, and pay the state filing fee. This is the step that legally creates the company. You will also want an operating agreement (the internal rulebook of the LLC); it is not always filed with the state but banks and partners often ask for it, and it matters even for a single-member LLC.

Step 4 — Get an EIN (without an SSN)

An EIN (Employer Identification Number) is your company's federal tax ID — you need it to open a bank account, connect Stripe, and file taxes. US residents get one instantly online, but that online form requires an SSN or ITIN. As a non-resident without either, you use a different, well-trodden path:

You do not need an ITIN just to get an EIN. A common myth is that you must first obtain a personal ITIN. For the company's EIN you do not — the SS-4 route works without one. You may still want an ITIN later for personal filing reasons, but it is not a blocker to forming and banking.

Step 5 — Open a US business bank account

This is where many DIY attempts stall. Traditional US banks usually want the owner to appear in person, which is impractical from abroad. The realistic options for non-residents are:

The prerequisites are almost always the same: a formed LLC, an EIN, your operating agreement, and your ID. Get those in order first and the account application is straightforward.

Step 6 — Stay compliant (the part people forget)

Owning the company is not the end — a US LLC has ongoing obligations, and missing them is how people rack up penalties:

The Form 5472 trap — read this. A US LLC that is foreign-owned and treated as a "disregarded entity" (the default for a single-member LLC) must file Form 5472 with a pro-forma Form 1120 every year reporting transactions between you and the company — even if the LLC made no profit, and even if it did nothing at all. The penalty for missing it starts at US$25,000. Most first-time non-resident owners have never heard of this. Budget for a cross-border accountant, or use a service that handles it, and never assume "no profit = no filing."

Whether the LLC's income is actually taxable in the US depends on your specifics (whether you have US "effectively connected income," a US trade or business, employees or a dependent agent in the US, and any tax treaty). That is a real tax question for a professional — this guide is not tax advice — but the filing obligations above generally apply regardless of whether tax is owed.

What it costs, roughly

Exact numbers depend on the state and providers, but the buckets are: a one-time state filing fee, an annual registered agent fee, an annual state report / franchise cost, and — the one people underbudget — accounting for the annual federal filing. The EIN itself is free from the IRS; anyone charging you a large fee "for the EIN" is charging for the paperwork, not the number.

The honest summary

Forming the LLC is the easy part. The friction as a non-resident is concentrated in three places — the EIN without an SSN, the bank account from abroad, and the annual Form 5472 — and all three are solvable if you know they exist going in. Do it in the order above, keep the compliance calendar, and a US company is entirely within reach from anywhere in the world.

Skip the paperwork — form it with StarterFuel

StarterFuel forms your company across 15 jurisdictions and gives you an AI department to run the routine back-office work. Nothing that costs money or goes public happens without your OK.

Start your company →

Frequently asked questions

Do I need a visa or to live in the US to own an LLC?

No. There is no residency or visa requirement to own a US LLC. Owning a company is different from working in the US or immigrating — those have their own rules, but they are not needed simply to be a member of an LLC.

Can I get an EIN without an SSN or ITIN?

Yes. File Form SS-4 with the IRS by fax or mail and leave the responsible-party SSN/ITIN field blank (marking it "Foreign"). You do not need a personal ITIN first to obtain the company's EIN.

Will my US LLC pay US tax?

It depends on your situation — whether you have US "effectively connected income," a US trade or business, or a US presence, and any tax treaty. Many non-resident-owned LLCs owe no US income tax, but they still generally must file certain forms (notably Form 5472). This is a question for a cross-border tax professional.

What is Form 5472 and do I have to file it?

It is an IRS information return that a foreign-owned, single-member US LLC must file each year (with a pro-forma Form 1120), reporting transactions between you and the company. It is required even with zero profit, and the penalty for missing it starts at US$25,000.

Delaware, Wyoming, or New Mexico?

Delaware if investor recognition matters most; Wyoming for low cost and privacy; New Mexico for the cheapest ongoing maintenance. For a fully remote business you are not restricted to where you or your customers are located.

LLC or C-corp?

An LLC is simpler and flexible for most solo founders and small teams. If you plan to raise venture capital, most US funds ultimately prefer a Delaware C-corp — you can start as an LLC and convert, but if VC is the near-term plan, get advice before forming.

Can StarterFuel handle this for me?

Yes — StarterFuel forms your US company (and companies in other jurisdictions), and its AI department then runs the routine back-office work, with you approving anything that costs money or goes public. You always keep the final say.

This guide is general information, not legal or tax advice. Rules change and your situation is specific — confirm the details for your country and state with a qualified professional before you act. StarterFuel is not a law firm, accounting firm, or bank.