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Can a non-US resident actually own a US LLC?
Yes. A non-US resident can own 100% of a US LLC. No citizenship, green card, visa or SSN is required to form one, and no US address is required for you personally [1][9][12].
Quick Answer: Non-US residents can form and fully own a US LLC without a visa, SSN or US residency. You need four things: a state of formation, a registered agent with a physical US address in that state, a filed Articles of Organization, and an EIN from the IRS for banking and tax. The EIN comes before the bank application, not after.
What the state actually wants is an organizer, a registered agent and a filing fee. It does not ask for your passport, your visa status or your tax ID. That part is genuinely simple.
The friction sits elsewhere. It sits in the EIN, in the bank's KYC desk, and in the federal filings nobody mentions on the formation checkout page. Those three are where foreign-owned LLCs stall, and they are the reason this checklist is ordered the way it is.
EIN vs ITIN: get this straight first
An EIN (Employer Identification Number) is the LLC's tax ID. An ITIN (Individual Taxpayer Identification Number) is a personal tax ID for someone who files a US return without an SSN. You need the EIN to bank and to file. You need an ITIN only if you personally have a US filing obligation, for example electing to be taxed as a corporation or filing a personal return. Formation needs neither.
If you have been told you must wait for an ITIN before you can open a bank account, you have been told wrong. Banks ask for the LLC's EIN.
Single-member vs multi-member changes your tax filing
One owner makes the LLC a disregarded entity by default: the IRS ignores the LLC and looks at you. Two or more owners make it a partnership by default, which means a partnership return. Neither default is a tax outcome you should assume. Ownership, US-source and effectively connected income, any treaty position, state nexus and entity classification all feed into what you owe. Get a qualified tax professional to look at your facts before your first filing year closes.
Step 1: Confirm eligibility and lock in a business name
Search the formation state's business entity database before you do anything else. The name has to be distinguishable from existing entities and end in LLC or L.L.C.
Say your first choice is "Northwind Labs LLC" and Wyoming's database already shows a Northwind Labs LLC in good standing. You cannot file. You either pick a different name or add a distinguishing word, and you find that out in ten minutes rather than after you have printed letterhead.
Most states let you reserve a name for a short window for a small government fee while you prepare the filing. Use it if you are still deciding between two states.
A DBA (assumed name, or "trading as" name) is a separate state filing with its own fee. Non-US residents can file one, but it is not part of formation and you should not budget for it unless you actually trade under a second name.
Trademark is a different question entirely. A USPTO search is optional and separate from name availability. The state approving your name does not give you any trademark rights.
If you want the filing handled end to end, US LLC formation for non-residents covers the name check, agent and state filing together.
Step 2: Choose a state, and know what you are trading off
Delaware, Wyoming and New Mexico are the three states non-residents default to, and for most people selling services online, the choice matters less than the internet suggests. What matters: where you actually operate, where your bank or processor is comfortable, the annual report cadence, and whether the state taxes you at the entity level.
| State | Formation fee | Annual obligation | Notes for foreign owners |
|---|---|---|---|
| Wyoming | Check the current official fee | Annual report, low fixed fee | No state corporate income tax; strong privacy reputation |
| Delaware | Check the current official fee | Annual franchise tax, higher than Wyoming | Familiar to investors; heavier ongoing cost |
| New Mexico | Check the current official fee | No annual report for LLCs | Cheap to start; less common for banking |
| Florida | Check the current official fee | Annual report | Requires a state filing each year; popular with founders who visit the US |
Government fees are one thing. Registered agent service is a separate recurring provider fee, and it is the line most comparison tables blur.
Foreign qualification is the trap. If you form in Wyoming but run the business from a Texas office or hold Texas-based inventory, Texas can require you to register as a foreign LLC there too. That means a second filing fee and a second annual report. Form where you operate. If you operate nowhere physical, form where the admin is cheapest and the agent is reliable.
Step 3: Appoint a registered agent with a US address
Every LLC needs a registered agent: a person or company with a physical street address in the formation state, reachable during business hours, who accepts legal papers and state mail on the LLC's behalf.
A PO box fails. A virtual mailbox fails in most states. Your cousin's apartment technically works if he is willing to be served and to be named publicly, which is why most non-residents pay a commercial agent instead. That is a provider fee, recurring every year, and it is not optional.
Imagine your agent's renewal lapses in month 14 because the card on file expired. The state mails a notice to an address that no longer accepts it, and you learn about it when your payment processor asks for a certificate of good standing you cannot produce. Put the renewal on a calendar with a two-week buffer.
Step 4: Prepare and file the Articles of Organization
You file the Articles of Organization (called a Certificate of Formation in some states) with the Secretary of State or equivalent, online or by mail. This is the step that legally creates the LLC.
The form asks for the LLC name, the registered agent and their address, a principal office address, an organizer, and sometimes an effective date. Most states accept a foreign principal office address. Confirm it for your chosen state before you file, because a rejected filing costs you the processing time, not just the fee.
The filing fee is a government fee, paid once. Processing time varies by state and by whether you pay for expedited handling. Standard is usually days to a couple of weeks; expedite is a separate government charge.
Note: the state portal, the form name and the fee all differ by state. Check the current official fee schedule on the Secretary of State site for the state you pick, not a blog table.
Step 5: Draft an operating agreement
Most states do not legally require an operating agreement for a single-member LLC. Banks, payment processors and marketplaces still ask for one, and a signed copy settles ownership questions faster than any explanation.
It should cover who owns what percentage, capital contributions, who manages the company, how profits are split, and what happens on dissolution or if an owner exits. For a single member it is short. Write it anyway.
No notarization is needed in the normal case. Sign it, date it, keep a PDF. This is a DIY or provider cost, not a government fee.
Step 6: Get an EIN without an SSN
The LLC's EIN comes from the IRS on Form SS-4. The online EIN tool requires a valid SSN or ITIN, so a foreign applicant without either files on paper and faxes or mails the form.
This is the step most guides skip, and it is the one that blocks everything downstream.
- Line 7b: if you have no SSN, ITIN or EIN, write "Foreign" and leave the SSN/ITIN fields blank.
- Responsible party: the human who controls the LLC. That is you, with your foreign address.
- Reasonable cause: the box that applies when the applicant is a foreign person without an SSN. Read the current SS-4 instructions before you tick it.
- Fax vs mail: faxing gets a response faster than international mail. Keep the fax confirmation.
Heads-up on timing: the online tool is instant for SSN holders. The paper route for foreign applicants takes days to weeks depending on IRS workload. Do not book a bank call for tomorrow.
Suppose you file the SS-4 on a Friday and start a Mercury application the same afternoon. The application sits unsubmitted because the EIN field is blank, and by the time the number arrives you have lost the thread on the bank's document list. File the SS-4 first, then start banking.
If the paperwork is the part you would rather not handle, getting an EIN as a non-US resident is the route most founders take.
Step 7: Open banking and payment accounts as a foreign owner
There are three routes, and they are not interchangeable.
| Route | Who it suits | What they ask for |
|---|---|---|
| Traditional US bank, in person | Founders who can visit the US and want a brick-and-mortar relationship | Passport, EIN letter, formation documents, proof of US address or strong US ties |
| Fintech / neobank business account | Remote founders with no US presence | Passport, EIN, formation documents, operating agreement, sometimes a US phone number |
| Payment processor (Stripe and similar) | Anyone selling online who needs to accept cards | Business details, EIN, owner identity verification, a website that describes what you sell |
Traditional banks reject foreign-owned single-member LLCs regularly, usually on KYC grounds rather than any rule. Fintechs are more accessible and have limits on wires, cash and lending. A payment processor is not a bank account, and treating it as one leaves you unable to pay suppliers.
Approval is always the provider's decision. An LLC and an EIN make you eligible to apply. Nothing more.
For the account itself, opening a US business bank account walks the fintech route, and in-person US bank account help covers the branch route if you can travel. If card payments are the priority, the Stripe setup guides for non-US founders are the place to start.
Step 8: Track annual reports, franchise tax, and federal filings
Compliance is recurring, and it is where foreign-owned LLCs quietly fall out of good standing.
State side: an annual report or franchise tax on the state's schedule, plus registered agent renewal. Miss the annual report and the state can fine you and eventually administratively dissolve the LLC.
Federal side: a foreign-owned single-member LLC files Form 5472 with a pro forma Form 1120 each year, even with no US income and no US bank account. The penalty for not filing is severe, and it is assessed per form per year. This is the single most missed obligation for non-resident-owned LLCs. Confirm the current requirement and penalty with a qualified tax professional or the current IRS instructions before your first deadline.
Corporate Transparency Act reporting has moved repeatedly since 2024. Check the current FinCEN position for your filing year rather than trusting any article, including a recent one.
No US mailbox is the root cause of most misses. Put the annual report date, the agent renewal and the 5472 deadline in one calendar with reminders 30 days out. If the federal side feels risky, federal tax support for Form 5472 and Form 1120 exists for exactly this.
Common Mistakes
Applying for banking before the EIN exists. The application stalls, the bank's document request expires, and you restart. File the SS-4 first.
Chasing an ITIN to open a bank account. The bank wants the LLC's EIN. An ITIN is a personal number for personal filings.
Forming in Delaware because a forum said so, then operating from another state. You end up with two filings and two fees. Form where you operate.
Using a PO box or foreign address as the registered agent. The state rejects it, or worse, accepts it and you never receive the notice that matters.
Letting the annual report slip. Good standing lapses, and a payment processor or marketplace can freeze payouts until you fix it.
Skipping Form 5472 because the LLC earned nothing in the US. The filing obligation does not depend on profit. The penalty does not either.
Frequently Asked Questions
Do I need an SSN or ITIN to form a US LLC? No. You need a state filing, a registered agent and an EIN. The EIN comes from Form SS-4, which foreign applicants file on paper.
How long does it take to get an EIN as a non-resident? The online tool is instant only with an SSN or ITIN. Foreign applicants fax or mail Form SS-4 and wait days to weeks. Check the current IRS processing time before you plan around it.
Which state is best for a non-resident LLC? The one where you actually operate, or the cheapest to maintain if you operate nowhere physical. Compare formation fee, annual report cadence and franchise tax, not reputation.
Can I open a US bank account without visiting the US? Some fintechs and payment processors onboard remotely. Many traditional banks want an in-person visit or strong US ties. Approval is the provider's call.
What ongoing filings does a foreign-owned LLC have? State annual report or franchise tax, registered agent renewal, and Form 5472 with a pro forma Form 1120 for a foreign-owned single-member LLC. Check the current rules for each.
Do I need a US address to form an LLC? You need a registered agent with a physical US address in the formation state. Your principal office can be a foreign address in most states.
NexFyla helps non-US founders form US companies and set up EIN and US business banking support. If you want help with US LLC formation, EIN and business setup, NexFyla can assist. Start with the state decision and the SS-4, because those two gate everything else.
*Last updated: February 2026.*
Related reading
- Opening a Wyoming LLC as a Non Resident: A Checklist
- How to Form an LLC as a Non-Resident: A Working Sequence
- Wyoming LLC Requirements for Non-Resident Owners
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