If you’re an entrepreneur living outside the United States, you may be wondering: “Can I start a Limited Liability Company (LLC) in the U.S. even if I’m not a resident?”
The short answer is: Yes, you can. U.S. law allows non-residents—even those without a visa or U.S. address—to form and own LLCs in any state.
In this article, we’ll explain how non-residents can legally form an LLC in the United States, what steps to follow, how taxes work, and what official government resources say about this process.
✅ Is It Legal for Non-U.S. Residents to Form an LLC?
Yes. There are no citizenship or residency requirements to form a Limited Liability Company (LLC) in the United States. The Internal Revenue Service (IRS) and all 50 states allow foreign individuals and foreign-owned companies to register LLCs.
This is confirmed by the IRS itself, which provides guidance on Foreign-Owned U.S. Disregarded Entities here:
🔗 IRS – Foreign-Owned U.S. LLCs
✅ What Do You Need to Start an LLC as a Non-Resident?
Although you don’t need to live in the U.S., you do need to fulfill a few basic requirements:
- Choose a U.S. state where you want to register (e.g., Wyoming, Delaware, Florida)
- Hire a registered agent in that state (required by law)
- File Articles of Organization (also called Certificate of Formation in some states)
- Obtain an EIN (Employer Identification Number) from the IRS
- Create an Operating Agreement (optional but recommended)
- Open a U.S. business bank account (can often be done remotely)
- Comply with tax and reporting obligations
✅ Which States Are Best for Non-Residents?
Non-residents can register an LLC in any U.S. state, but these are most recommended for foreign owners:
- Wyoming: low fees, strong privacy, no state income tax
- Delaware: investor-friendly, flexible laws, global reputation
- New Mexico: low cost, anonymous LLC option
- Florida: good for online businesses and real estate
You can find state-specific business formation rules at:
🔗 NASS – State Business Services
✅ How to Get an EIN (Tax ID) as a Non-Resident
An Employer Identification Number (EIN) is required to:
- Pay federal taxes
- Open a U.S. bank account
- Work with platforms like Stripe, PayPal, Amazon
- Hire employees (optional)
Non-residents can apply for an EIN, even without a Social Security Number (SSN). You’ll need to submit Form SS-4 by fax or mail (not online). See official guidance here:
🔗 IRS – How to Apply for an EIN
✅ Do I Need a Visa or Green Card?
No. You don’t need a U.S. visa, green card, or Social Security Number to own a U.S. LLC.
However, forming an LLC does not give you immigration rights or permission to work physically in the U.S.. You can operate your business from abroad but must follow U.S. laws.
Learn more from the U.S. Citizenship and Immigration Services (USCIS):
🔗 USCIS – Working in the U.S.
✅ How Will I Pay Taxes as a Non-Resident?
Tax rules depend on how your LLC is classified:
- Single-member LLCs: taxed as “disregarded entities”; income is reported to the IRS via Form 1040-NR
- Multi-member LLCs: treated as partnerships and file Form 1065
- If you have U.S.-sourced income, you must comply with IRS tax rules and possibly pay self-employment taxes
- If you elect C-Corp status, the company pays tax on profits, and you pay taxes on dividends
You may need to file Form 5472 annually if your LLC is 25% or more foreign-owned (this is mandatory).
IRS Reference:
🔗 IRS – Foreign-Owned U.S. LLC Filing Obligations
✅ Can I Open a U.S. Bank Account from Outside the U.S.?
Yes, in many cases. Some fintech banks accept remote applications from non-residents, such as:
- Mercury (for startups and e-commerce)
- Relay
- Wise Business (for international money transfers)
Requirements typically include:
- LLC formation documents
- EIN letter
- Passport or ID
- Proof of address (from your home country or U.S. registered agent)
✅ What Licenses or Permits Will I Need?
Depending on your business type and where you operate, you may need:
- Sales tax permits (if you sell physical goods in the U.S.)
- Local business licenses (city or county level)
- Import/export permits (for international goods)
Use the SBA tool to find license requirements:
🔗 SBA – Apply for Licenses & Permits
✅ Summary: Yes, You Can Form a U.S. LLC from Anywhere in the World
| Step | Description |
|---|---|
| ✅ Form an LLC | Choose a state + hire a registered agent |
| ✅ Get an EIN | Submit Form SS-4 to the IRS |
| ✅ Open a bank account | Mercury, Wise, or U.S. bank remotely |
| ✅ File taxes | IRS Form 5472, 1040-NR, 1065 as needed |
| ✅ Stay compliant | Annual reports, renewals, licenses |
Non-residents can enjoy the benefits of U.S. business law—limited liability, access to Stripe/PayPal, credibility, and global reach—without needing to live in the United States.
Official Government Links Summary