Yes, a non-US citizen can own 100% of a US LLC and run it from any country. The state does not require US residency, and the IRS does not require an SSN. What the law does require is that you set the company up correctly and file the right forms every year, even when the LLC earns nothing. This guide walks through the process in order.
Step 1: Decide what the LLC will actually do
Start with the business, not the state. Ask where your customers are, where you and any staff physically work, whether you will hold inventory in the US and whether you plan to raise venture capital. The answers decide your state, your tax position and whether an LLC is even the right entity. If you plan to raise money from US investors, a Delaware C-corporation is usually preferred. For consulting, e-commerce, software services and similar businesses, an LLC is the common, low-maintenance choice.
Step 2: Choose a state
For most non-residents with no US office, the realistic choices are Delaware and Wyoming. Delaware has a respected legal system and is familiar to investors. Wyoming has lower ongoing fees. If you or your team will work from a specific US state, or you will hold inventory there, you generally need to register in that state as well. Our Delaware vs Wyoming comparison covers the trade-offs in detail.
Step 3: Name the LLC and appoint a registered agent
Check that your chosen name is available on the state's business search and that it includes "LLC" or "Limited Liability Company". Every LLC must have a registered agent with a physical address in the formation state to receive legal and tax notices. As a non-resident you cannot act as your own agent, so you will use a commercial registered agent service, usually billed annually.
Step 4: File the formation document
In Delaware this is the Certificate of Formation; in Wyoming it is the Articles of Organization. State filing fees are modest (roughly $100 to $110 at the time of writing), but they change, so confirm on the state website. Approval takes from a day to a couple of weeks depending on the state and whether you pay for expedited service.
Step 5: Write an operating agreement
Most states do not require you to file it, but you should have one. It records who owns the company, how profits are shared and how decisions are made. Banks, payment processors and marketplaces often ask for it, and it supports the separation between you and the company if the LLC is ever challenged.
Step 6: Get an EIN
An Employer Identification Number is the company's tax ID. Non-residents without an SSN or ITIN cannot use the IRS online application; they apply with Form SS-4 by fax, mail or phone. Our guide on getting an EIN without an SSN explains the exact process. The EIN itself is free from the IRS.
Step 7: Open a US business bank account
Keep the LLC's money completely separate from your personal money. Several US and fintech banks open accounts for non-resident owners remotely, though requirements vary and approvals are not guaranteed. Expect to provide your formation document, EIN letter, operating agreement and passport. A clean, dedicated account makes your bookkeeping and year-end filings far simpler.
Step 8: Set up bookkeeping from day one
Every capital contribution you make, every loan between you and the LLC and every payment to yourself is a reportable item (see Step 9). Recording them as they happen is much easier than reconstructing them in April. Our bookkeeping services are built for exactly this situation.
Step 9: Understand your annual compliance
- Form 5472 with a pro forma Form 1120: required each year for a foreign-owned single-member LLC with reportable transactions. The penalty for missing it is $25,000 per form. See our Form 5472 guide.
- State annual report or tax: for example, Delaware charges an annual LLC tax due June 1, and Wyoming requires an annual report with a minimum license tax.
- Federal income tax return, if applicable: depends on whether the LLC has US-source or US-connected income. See whether non-residents pay US tax on LLC income.
- Sales tax and state registrations: if you sell to US customers, state nexus rules may apply.
- Beneficial ownership reporting: FinCEN's rules have changed several times; check the current requirements for your company.
What it costs
Budget for the state filing fee, a registered agent (annual), the state's yearly fee or tax, and professional help for the EIN and annual IRS filings. Skipping the compliance step is the expensive mistake: a single missed Form 5472 costs far more than a year of professional support.
Common mistakes to avoid
- Choosing a state because a website said it was "tax-free" without checking where you operate
- Mixing personal and company money
- Assuming no income means no filing
- Paying a third party for an EIN that is free from the IRS
If you would rather have this done for you, see our US company formation service.
Frequently asked questions
Can a non-resident own a US LLC?
Yes. There is no citizenship or residency requirement to own a US LLC, and you can run it entirely from outside the United States.
Do I need an SSN to form an LLC?
No. You can form the LLC and obtain an EIN without an SSN or ITIN by applying with Form SS-4 by fax, mail or phone.
How long does it take to form a US LLC?
The state filing can take from one business day to a couple of weeks. Getting the EIN and opening a bank account usually adds one to several weeks.
Keep reading
Is a US LLC the right choice for a non-resident?
A US LLC is popular with international founders because it is quick to form, flexible and widely accepted by banks, payment processors and marketplaces. It gives you a US legal entity, limited liability and a credible way to invoice US customers. It also brings annual filings, state fees and the need for clean books.
It is not the right choice for every situation. If you only earn a small amount from a single platform that pays you directly, an LLC may add cost without much benefit. If you plan to raise venture capital, a Delaware C-corporation is usually preferred, as explained in LLC vs S-corp vs C-corp. If you will have employees or an office in the US, you will need to register in that state and may owe local taxes. We talk through these points before you pay any filing fee.
How a US LLC is taxed when the owner lives abroad
By default, a single-member LLC is disregarded for US income tax, which means the LLC is not taxed separately and its income is attributed to the owner. A non-resident owner is taxed in the US only on income effectively connected with a US trade or business and on certain US-source income. Many online service businesses run entirely from abroad have no such income and owe no US income tax, but they still must file Form 5472 with a pro forma Form 1120. See whether non-residents pay US tax on LLC income and the Form 5472 guide.
The LLC may also be taxed in your home country. Many countries have rules that tax profits of foreign entities you own, or treat an LLC as a company rather than a pass-through. Because US and local tax treatments can conflict, take advice in your country of residence before you form. We work with your local advisor when needed.
Privacy, addresses and public records
A common myth is that an LLC lets you remain fully anonymous. Some states, such as Wyoming and New Mexico, do not require owner names on public formation documents, while others list managers or members. Banks, payment providers and the IRS will still know who owns the company. A registered agent address is used for legal notices and is not the same as a mailing address or a place of business. Some platforms reject virtual office addresses or require proof of a real address, so check requirements before you build your setup.
Payment processors, marketplaces and banks
Platforms such as marketplaces and payment processors usually ask for the EIN, formation documents, owner identity documents and a bank account in the company name. Mismatched names, missing documents and unclear business descriptions are the main causes of rejection. We prepare a document pack and use the same legal name and address everywhere. For marketplaces that issue tax forms, we keep platform statements reconciled with the ledger, which our ecommerce bookkeeping service handles.
Hiring, contractors and sales tax
If you hire US employees, you need payroll registrations, withholding and unemployment accounts, as described in our payroll service. Contractors outside the US typically need Form W-8BEN rather than a W-9. If you sell products to US customers, sales tax may apply in states where your sales or transactions pass the economic nexus threshold. These rules depend on the state and product, so we review them as part of onboarding.
Visa, residency and immigration points
Forming a US LLC does not give you a visa, residency or the right to work in the US. Owners who plan to visit the US for business should check what activity is permitted on their visa class. If you plan to move to the US, your tax residency will change, which affects how the LLC is reported. Tell us your plans early, so we can structure around them. Immigration advice should come from a licensed immigration attorney.
Documents and timeline
- Passport copy and proof of address for each owner.
- Chosen company name and two alternatives.
- Business description in one or two sentences.
- Preferred state and registered agent.
- Details of other owners and their ownership percentages.
State filing can take from one day to a few weeks. An EIN for non-residents can take longer, since the online application usually requires a US taxpayer number. See how to get an EIN without an SSN.
Changing or closing the LLC
If your plans change, you can add members, convert to a corporation or close the company. Each change has tax and filing consequences, such as a final Form 5472, state dissolution filings and closing of bank and tax accounts. Closing correctly matters because abandoned companies can accumulate fees and penalties. We plan the sequence and file the final returns.
How SMRK Global supports non-resident founders
We form the company, obtain the EIN, prepare the operating agreement, support bank and platform applications and then run bookkeeping and cross-border filings. If you want the full service, see US company formation, or compare states in Delaware vs Wyoming. Book a free consultation to start.
More questions from non-resident founders
Do I need to visit the US to form an LLC? No. Formation and EIN can be handled remotely. Some banks may ask for a visit or video verification.
Can I own the LLC with a partner who lives elsewhere? Yes. A multi-member LLC is taxed as a partnership and files Form 1065 unless it elects otherwise, and it must provide each member with Schedule K-1.
Will the LLC protect my personal assets? It limits liability when run properly. Separate finances, keep records and follow the operating agreement.
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