US Company Formation for Non-Residents

Form a US company from anywhere in the world

You do not need to live in the United States to own a US LLC or corporation. We guide you through choosing the right structure and state, filing the formation documents, appointing a registered agent, obtaining your EIN and setting up the compliance calendar so the company stays in good standing.

What we set up for you

• Entity and state recommendation based on your plans, customers and team location
• Formation filing for an LLC, S-corporation or C-corporation
• Registered agent coordination
• Operating agreement or corporate bylaws
• EIN application for non-residents without an SSN
• Guidance on opening a US business bank account
• Annual report and ongoing compliance reminders

Choosing the right state and structure

Delaware and Wyoming are popular, but the right answer depends on where you operate and whether you plan to raise investment. Our guides explain the trade-offs: Delaware vs Wyoming and LLC vs S-corp vs C-corp.

After formation: what many founders miss

Forming the company is only the start. Foreign-owned US LLCs usually must file Form 5472 with a pro forma Form 1120 every year, and states require their own reports and fees. We keep these on schedule and connect formation to bookkeeping and cross-border compliance so nothing is overlooked.

Typical timeline

State approval can take from a day to a couple of weeks. The EIN, bank account and bookkeeping set-up commonly add one to several weeks, depending on how quickly documents are provided.

Choosing the right US business structure

The structure you choose affects taxes, liability, fundraising, banking and administration for years. There is no single best option, so we start with your goals: who the owners are, where they live, how much profit you expect, whether you plan to hire or raise money, and how you want to be paid.

• LLC: flexible, easy to run and provides liability protection. By default a single-member LLC is disregarded for income tax and a multi-member LLC is taxed as a partnership.
• S-corporation: a tax election available to eligible US-owned companies, with pass-through taxation and owner payroll. Non-resident alien individuals cannot be S-corporation shareholders.
• C-corporation: pays its own federal income tax and is the usual structure for venture-backed startups, with stock classes and option plans.

We compare these options for your situation and explain how each affects tax preparation, owner pay and compliance. For a deeper comparison, read LLC vs S-corp vs C-corp.

Which state should you form in?

You can form a company in a state where you do not live, but you may still have to register in the state where you operate. Delaware is popular with investors and has an established body of corporate law. Wyoming is known for low fees and a simple annual report. Your home state may be the cheapest overall if you operate there, because forming elsewhere can mean paying two states.

We look at formation cost, annual fees, franchise tax, privacy, investor expectations and where you will have employees, customers or offices. Our Delaware vs Wyoming guide explains the main differences for non-residents.

What we do when we form your company

• Name check and filing: we confirm the name is available and file the articles of organization or certificate of incorporation.
• Registered agent: we arrange a registered agent so legal notices reach you.
• EIN: we prepare Form SS-4 and obtain your Employer Identification Number.
• Governing documents: we prepare an operating agreement for an LLC or bylaws and initial resolutions for a corporation.
• Ownership records: we set up the member ledger or stock ledger.
• Tax elections: where appropriate, we prepare S-corporation or entity classification elections within the required deadlines.
• Compliance calendar: we list annual reports, franchise tax and tax filings with dates.

You receive the final documents in a secure folder, and we explain each item so you know what it does.

Getting an EIN as a non-resident

Most banks, payment processors and marketplaces ask for an EIN, and owners without a Social Security number can still obtain one. The online EIN application generally requires the responsible party to have a US taxpayer identification number, so applicants without one usually apply using Form SS-4 by fax or mail. Our guide on getting an EIN without an SSN walks through the steps, and ITIN vs EIN vs SSN explains how the three numbers differ.

If you also need an ITIN for personal filing, we can prepare the application. We keep the EIN and ITIN processes separate because they serve different purposes.

Opening a US bank account and accepting payments

Banks vary in how they treat foreign-owned companies. Most ask for formation documents, the EIN, the operating agreement, owner identification and a description of the business. Some will open accounts remotely while others require a visit. We prepare the document package and tell you what to expect so the application is complete the first time.

Once the account is open, we set up bookkeeping from day one with monthly bookkeeping, so owner contributions, loans and income are recorded properly from the start.

Compliance after formation

Forming a company is the beginning of the compliance cycle. Most states require an annual report or periodic statement, and some charge a franchise tax or annual fee. Foreign-owned single-member LLCs must file Form 5472 with a pro forma Form 1120, and the penalty for missing it starts at $25,000 per form. See our Form 5472 guide for details. Owners with foreign accounts may also have FBAR duties.

Beneficial ownership reporting rules have changed recently, so we confirm the current federal requirements at the time of formation and again each year. If you operate in a state other than where you formed, you may need to register as a foreign entity there, and we check this as part of onboarding.

Forming a company for fundraising

Startups planning to raise venture capital usually choose a Delaware C-corporation. We can prepare founder stock issuances, discuss vesting, and advise on timely elections such as Section 83(b), which must be filed within 30 days of a restricted stock grant. Investors also look for clean books, so we pair formation with accounting and, when needed, CFO advisory support. Qualified small business stock treatment may be available for some shareholders under conditions that change over time, so we flag it for review with your tax advisor.

Formation FAQs

How long does formation take? State filing can take from a day to a few weeks depending on the state and speed option. The EIN for non-residents can take longer.

Can a non-resident own a US LLC? Yes, with no US residency requirement. See how to form a US LLC as a non-resident.

What does formation cost? The total includes the state filing fee, registered agent and our service fee, which we quote as a fixed price.

Do I need a US address? You need a registered agent address in the state of formation. Start with a free consultation and we will map out your first year.

Liability protection and keeping it

An LLC or corporation separates your personal assets from business debts, but the protection is not automatic. Courts can disregard it when owners mix personal and business funds, ignore formalities or under-capitalize the company. Keep a separate bank account, record owner contributions and loans, sign contracts in the company name and keep your records current. Our bookkeeping team maintains the evidence that the entity is run as a real business.

What belongs in an operating agreement

• Names of members, ownership percentages and capital contributions.
• How profits, losses and distributions are shared.
• Who manages the company and what decisions need a vote.
• Rules for adding, removing or buying out members.
• What happens on death, disability or dissolution.
• Tax elections and who acts as tax representative.

Even a single-member LLC benefits from an agreement, because banks, platforms and courts often ask for one.

Registered agent and foreign qualification

A registered agent receives legal notices and state mail on the company's behalf during business hours. If you form in one state but operate in another, you may need to register as a foreign entity in the state where you have employees, an office or significant activity. Skipping this can lead to fines and loss of good standing. We review your activity and handle registrations.

Timeline and cost planning

State filing can take from one day to several weeks depending on the state and the speed option you choose. An EIN can be quick when applied for online by eligible applicants, and longer for fax or mail applications. Total cost includes the state fee, registered agent, any franchise tax and our fixed service fee, and then annual costs for reports and filings. We give you a clear first-year budget before you commit.

Mistakes to avoid when forming

• Choosing a state only on formation price.
• Forming a corporation when an LLC would do, or the reverse, without tax review.
• Missing the deadline for an S-corporation election.
• Forgetting Form 5472 for a foreign-owned LLC.
• Using a personal account for business income.
• Letting annual reports lapse and losing good standing.

Review these with us before you file. Book a free consultation to plan your structure.

What is included in our formation service

• Entity and state recommendation with a written comparison.
• Name availability check and state filing.
• Registered agent for the first year, where you choose it.
• EIN application, including for owners without a Social Security number.
• Operating agreement or bylaws and initial resolutions.
• Ownership ledger and, for corporations, stock issuance documents.
• Bank account document pack and a first-year compliance calendar.

Each item has a clear owner and date, so you always know what has been filed and what is next.

Your first 30 days after formation

• Open a business bank account and move all business income through it.
• Set up bookkeeping and connect bank feeds.
• Register for state tax accounts if you will hire or sell taxable goods.
• Record the initial owner contribution in writing.
• Add the company to a compliance calendar for annual reports and tax returns.
• Confirm whether a Form 5472, S-corporation election or foreign qualification applies.

Doing these steps early keeps the entity credible with banks, platforms and tax authorities.

Converting or restructuring an existing business

If you already operate as a sole proprietor or in another state, we can convert or re-domicile the business. The tax treatment depends on the type of conversion, so we review it before filing. Moving assets, contracts and bank accounts into the new entity in the right order protects liability coverage and avoids unexpected taxes. If you are weighing options, see LLC vs S-corp vs C-corp.