Guide · Formation
The US LLC for non-US founders. Entity, state, EIN, banking and the first-year calendar, in the order you need them.
You can own a US LLC without being a US citizen, without living in the US, and without a Social Security number. What you do need is a registered agent in the state you form in, a US address for filings, and an EIN. All three can be arranged from anywhere.
Can you own one? Yes, and nothing about you disqualifies you.
The hard parts are not eligibility. They are choosing a state you can defend, getting an EIN without an SSN, and the annual filing a foreign-owned LLC owes even in a year it earned nothing.
| Requirement | Status |
|---|---|
| US citizenship | Not required |
| US residency | Not required |
| Social Security number | Not required |
| A US address of your own | Not required |
What you cannot skip
- 01A registered agent in the state you form in
- 02A US address that filings can be served to
- 03An EIN, which every bank and payment processor asks for
- 04The annual filings the state and the IRS expect
Choosing the state. The decision that costs the most to get wrong.
| State | Suits | Watch out |
|---|---|---|
| Wyoming | Most non-US founders. Low ongoing cost, strong privacy, a clean annual report. | Little. It is the default for a reason. |
| Delaware | Venture-track C-corps, and enterprise clients who expect it. | A flat annual tax an LLC that does not need Delaware is simply paying for nothing. |
| New Mexico | The lowest annual maintenance of the four. | Less familiar to banks and enterprise procurement. |
| The state you actually operate in | Real physical presence: inventory, staff, property. | Forming somewhere cheap while operating elsewhere means registering twice and paying twice. |
Wyoming charges an annual report license tax. Delaware charges a flat annual tax whether or not the company used anything Delaware offers.
The cheap-state trap
LLC or C-corp. Mostly a question about investors.
| LLC | C-corp | |
|---|---|---|
| Suits | A profitable operating business: agency, e-commerce, SaaS with no VC plans | Raising US venture capital |
| Income | Passes through to the owner | The standard structure for startup equity |
| Running it | Fewer formalities | Board, stock ledger, franchise tax |
| Changing later | Converting is possible, but starting right is cheaper | Already the venture-track default |
Formation, in order. Each step gates the next.
01
Decide state and entity, in writing, before anything is filed
02
Verify your identity
03
File with the state
04
Get an operating agreement written for your actual structure
05
Activate a registered agent and a US address
06
File for the EIN
07
Prepare the banking application
The EIN without an SSN
Tax, the honest version. Two questions, not one.
Whether you owe US income tax depends on your facts, principally whether your income is effectively connected to a US trade or business. That is a question for a licensed professional with your details in front of them, and any page that answers it generically is guessing.
Whether you have to FILE is a different question, and it usually has a firmer answer. A foreign-owned single-member LLC generally files an information return every year, even with no profit and no tax due. Missing it carries a penalty that does not scale to your revenue.
The full Form 5472 guide covers who files, when, and what it costs to get wrong.
Your first-year calendar. Seven dates that decide the year.
- →Formation date
- →EIN arrival
- →Bank account opened
- →Any sales-tax or marketplace registrations
- →State annual report or franchise tax date
- →Federal filing season, including Form 5472 where it applies
- →Registered agent renewal
The five that cost the most. In the order we see them.
Forming in a state you do not need
Two registrations, two agents, two annual fees, and no benefit from either.
Treating the EIN as an afterthought
Nothing downstream happens without it. Banking, Stripe and your filings all wait on this one number.
Using a PO box as the US address
Filings need an address that can be served. A box is refused at exactly the wrong moment.
Never asking the Form 5472 question
The filing most foreign owners first hear about from a penalty notice.
Letting the registered agent lapse
The state administratively dissolves the company, and you find out when a bank or a client checks your standing.
Questions founders ask. Answered in the open.
Can a non-US citizen own a US LLC?
Yes. No citizenship, residency, SSN or US address of your own is required to own one. You need a registered agent, a US business address and an EIN, and all three can be arranged remotely.
Which state should I form in?
Wyoming suits most non-US founders. Delaware if you are venture-track. Your operating state if you have real physical presence there. The answer depends on the business, and it is worth getting in writing before you file rather than after.
Do I pay US tax on my LLC's income?
It depends on how the income is earned and on any treaty between the US and where you live. That is a licensed-professional question. What is far more predictable is the filing: a foreign-owned LLC often owes an annual information return even when no income tax is due.
What does it cost?
Three layers: state fees, which vary by state; service costs such as the registered agent and address; and tax preparation where a filing needs a licensed preparer. Prolify's Starter plan is $397, and that price is first year + state fees rather than a recurring subscription.
How long does it take?
State filing is usually the fast part. The EIN is the step that sets your real timeline, and no provider can guarantee its turnaround. Plan around the EIN, not around the state filing.
Related. Where to go next.
Start it right the first time. Fixing a state choice later costs more than making it now.
Prolify forms the entity, files for the EIN, prepares the banking application and keeps the annual filings on a calendar you can see.