For Australian entrepreneurs aiming to scale their business globally, setting up a Limited Liability Company (LLC) in the United States can open doors to new markets, financial systems, and credibility. The U.S. remains one of the most attractive business destinations in the world — and fortunately, Australians don’t need to live in the U.S. to start a business there.
This complete guide will walk you through every step required to start an LLC in the U.S. from Australia, even if you’ve never done business internationally before.
Why Australians Choose to Form a U.S. LLC
Thousands of Australian freelancers, eCommerce store owners, and tech founders are launching U.S.-based LLCs to access advantages such as:
- International credibility and a stronger brand presence
- Ability to use U.S. financial services like Stripe, PayPal, and American banks
- Limited liability protection separating personal and business finances
- Zero citizenship or residency requirements to register an LLC
- Streamlined online registration process from abroad
A U.S. LLC allows Australians to break into the U.S. market without having to relocate.
Can Australians Start an LLC in the U.S.?
Yes. U.S. law allows foreign nationals — including Australians — to own and operate an LLC. You do not need to be a resident or hold any visa. However, there are legal steps to follow and compliance responsibilities once the LLC is formed.
Step-by-Step: How to Start a U.S. LLC from Australia
1. Choose the Right State for Your LLC
When forming an LLC from overseas, the best state often depends on your business goals. Top choices for non-residents include:
- Delaware – Known for business-friendly laws and well-respected legal infrastructure
- Wyoming – Offers low fees, no state income tax, and excellent privacy
- New Mexico – Known for affordability and anonymous ownership
Wyoming is a top choice for digital entrepreneurs who don’t plan to have a U.S. office.
2. Hire a Registered Agent in the U.S.
Every LLC must have a registered agent in the state of formation. The agent must be physically located in the U.S. and responsible for receiving legal documents.
Many formation companies offer registered agent services for $50–$150/year.
3. File Articles of Organization
To legally form your LLC, you’ll submit Articles of Organization (sometimes called a Certificate of Formation) to the Secretary of State in your chosen state.
You’ll need to provide:
- Your LLC’s legal name
- The registered agent’s name and address
- Management structure (member-managed or manager-managed)
- The nature of your business
You can find official state websites via the National Association of Secretaries of State.
4. Get an EIN (Employer Identification Number)
You’ll need an EIN (also known as a Federal Tax ID Number) to:
- Open a U.S. business bank account
- File U.S. federal tax returns
- Use payment platforms like Stripe or PayPal
- Hire employees (if needed)
Non-residents must apply via IRS Form SS-4. You can apply by fax or use a third-party EIN service.
Visit the official IRS EIN page to learn more.
5. Create an Operating Agreement
Although not required in every state, an Operating Agreement is highly recommended. It outlines your LLC’s internal rules, ownership structure, and management procedures.
This document can help prove the legal separation between you and your business — especially useful for single-member LLCs.
6. Open a U.S. Business Bank Account
After you receive your EIN and LLC documents, you can apply for a U.S. business bank account. Many U.S. fintech banks accept international entrepreneurs:
- Mercury – Great for tech startups
- Wise Business – Ideal for international money transfers
- Relay – Offers user-friendly account management and integrations
You may also consider opening a U.S. virtual mailbox to help manage incoming business mail.
7. Stay Legally Compliant
Once your LLC is active, you’ll need to keep it compliant by:
- Filing annual reports (requirements vary by state)
- Paying state franchise or renewal fees
- Filing IRS Form 5472 annually (if you’re a foreign-owned single-member LLC)
- Keeping personal and business finances completely separate
A U.S.-based tax advisor or international accountant can help ensure you meet all obligations.
Common Mistakes to Avoid
- Choosing the wrong state – Avoid high-tax states like California unless you plan to do business there
- Failing to get an EIN – Without it, you can’t access financial tools
- Using personal accounts for business income – This affects liability protection
- Ignoring IRS filings – This can lead to heavy fines
- Not having an Operating Agreement – This could create legal ambiguity later
FAQs for Australian Founders
Can I manage my U.S. LLC entirely from Australia?
Yes. Most operations — including registration, banking, and taxes — can be done remotely.
Will I pay U.S. taxes as an Australian?
You may owe U.S. federal taxes, depending on your business structure and revenue. The U.S. and Australia have a tax treaty, which can help avoid double taxation.
Do I need a visa to form a U.S. LLC?
No. Forming an LLC does not require a visa or U.S. residency.
Can I use my Australian address on LLC forms?
You can use your Australian address for members/managers, but you must have a U.S.-based registered agent address.
Final Thoughts
Starting a U.S. LLC from Australia is not only possible — it’s a smart move for globally ambitious entrepreneurs. With access to international payment systems, enhanced credibility, and flexible tax treatment, an LLC can elevate your business.
Follow the right steps, avoid the common pitfalls, and consult with experienced professionals to build a strong foundation for your U.S. business — all from Australia.
Ready to go global? The U.S. LLC structure makes it easier than ever