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LLC registration for non-US residents: a step-by-step guide.

You do not need to live in the United States or hold a US passport to own a US LLC. Here is how the process works, from choosing a state to staying compliant.

LLC Registration for Non-US Residents: A Step-by-Step Guide

A US limited liability company (LLC) is one of the most popular ways for international entrepreneurs to do business with American customers, work with US payment providers and present a credible company to partners and investors. The good news is that you do not need to be a US citizen or resident to form one.

This guide walks through LLC registration for non-US residents step by step and highlights the compliance points that international owners most often miss.

Key takeaways
  • No US citizenship or residency is needed to own a US LLC, but you do need a registered agent in the state.
  • The core steps are: choose a state, file the formation document, write an operating agreement and get an EIN.
  • Without an SSN or ITIN, you usually apply for the EIN with IRS Form SS-4.
  • Plan for yearly compliance: state reports, Form 5472 for foreign-owned single-member LLCs, and home-country taxes.
Illustration of a globe, office building, company certificate and laptop
You can form and run a US company from anywhere in the world, as long as you stay compliant.
Please note: this article is general information, not legal or tax advice. Rules differ by state and change over time, and your home country's tax rules also apply. Check official sources and speak with a qualified professional before making decisions.

Why non-residents choose a US LLC

  • Limited liability: the LLC is a separate legal entity, which helps protect your personal assets from business liabilities.
  • Credibility: a US company can make it easier to win trust from US customers, partners and platforms.
  • Access to US business services: such as US business bank accounts and payment processors, subject to their own requirements.
  • Flexibility: LLCs have relatively simple management and record-keeping compared with corporations.

An LLC is not always the right entity. If you plan to raise venture capital, many US investors prefer a C corporation. Ask your advisors which structure fits your plans before you file.

Forming a US LLC from abroad: 7 steps
  1. 1Choose the stateWhere you operate, or a state that suits remote owners.
  2. 2Name & registered agentA unique name and an agent with a physical address in the state.
  3. 3File the formation documentUsually Articles of Organization, with the Secretary of State.
  4. 4Operating agreementOwnership, decisions and profit sharing in writing.
  5. 5Get an EINForm SS-4Your company's US tax ID from the IRS.
  6. 6Open a business bank accountKeep business and personal money separate.
  7. 7Stay compliant every yearOngoingState reports, federal filings and home-country taxes.

Step 1: Choose the state

Each US state has its own LLC rules, fees and annual requirements. There are two common approaches:

  • Form where you will operate. If you will have an office, staff or significant activity in a particular state, forming there often avoids registering in two states.
  • Choose a state that suits remote owners. Many non-residents compare states such as Wyoming, New Mexico and Delaware on filing fees, annual report and tax requirements, and owner privacy.

Look at the full cost of ownership, not only the formation fee: annual reports, franchise or privilege taxes and registered agent fees all add up over time.

Step 2: Choose a name and appoint a registered agent

Your LLC name must be distinguishable from other companies registered in the state and usually must include "LLC" or "Limited Liability Company". Check availability on the state's business search.

Every LLC must have a registered agent: a person or company with a physical address in the state who accepts legal and official documents on the company's behalf. As a non-resident, you will normally use a commercial registered agent service.

Step 3: File the formation document

You create the LLC by filing a formation document with the state, usually the Secretary of State. Most states call it the Articles of Organization; some use another name, such as a Certificate of Formation. It typically includes:

  • the LLC's name and principal address;
  • the registered agent's name and address;
  • whether the LLC is managed by its members or by managers;
  • the organizer's details.

Once the state approves the filing, your LLC legally exists. Keep the approved document safe; banks and payment providers will ask for it.

Step 4: Write an operating agreement

An operating agreement sets out who owns the LLC, how decisions are made, how profits are shared and what happens if an owner leaves. Not every state requires one, but it is strongly recommended, especially if there is more than one owner, and banks often ask to see it.

Step 5: Get an EIN from the IRS

An Employer Identification Number (EIN) is your company's US tax ID. You will need it to open a bank account, work with payment providers and file tax returns.

If you do not have a US Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), you generally cannot use the IRS online application. Instead, you apply using IRS Form SS-4, which international applicants can submit by fax or mail; the IRS also lists a phone option for international applicants. Check the IRS website for the current process.

Step 6: Open a business bank account

Keeping business money separate from personal money is essential for liability protection and clean accounting. Banks and financial providers set their own rules for non-resident owners. Expect to provide:

Bank account document checklist
  • Formation documentYour approved Articles of Organization (or equivalent).
  • EIN confirmation letterFrom the IRS.
  • Operating agreementShowing who owns and manages the LLC.
  • Passport & proof of addressFor each owner.
  • Business descriptionWhat you sell, to whom, and expected transactions.
  • Registered agent detailsYour company's official address in the state.

Some traditional banks require an in-person visit, while some online business banking providers accept remote applications from non-resident-owned LLCs. Compare requirements before you apply.

Step 7: Stay compliant every year

Forming the LLC is the start. Ongoing compliance is where non-resident owners most often get caught out.

Your yearly compliance map
State

Annual or biennial report and fee, any franchise tax, and a registered agent kept in place.

Federal (IRS)

Form 5472 with a pro forma Form 1120 for foreign-owned single-member LLCs, even with little or no US income.

Beneficial ownership

FinCEN's BOI rules have changed several times. Check current guidance to see if they apply to you.

Home country

Your own country may tax the LLC's profits. A cross-border advisor helps avoid double taxation.

State requirements

Many states require an annual or biennial report and fee, and some charge a franchise or privilege tax. You must also keep a registered agent in place. Missing these can lead to penalties or the state dissolving your LLC.

Federal tax filings

How your LLC is taxed depends on how many owners it has, any tax election you make, and whether its income is connected with a US trade or business. Importantly, a single-member LLC owned by a foreign person generally must file Form 5472 with a pro forma Form 1120 with the IRS each year, even if it had little or no US income. The penalties for missing this filing are significant, so put it in your calendar from day one.

Beneficial ownership reporting

The US beneficial ownership information (BOI) reporting rules administered by FinCEN have changed several times. In 2025, the rules were narrowed so that they apply mainly to companies formed outside the US that register to do business in a US state. Check FinCEN's current guidance to confirm whether your company must report.

Home-country taxes

Owning a US LLC does not remove your tax obligations where you live. Your home country may tax the LLC's profits, and there may be a tax treaty between the two countries. A cross-border tax advisor can help you avoid double taxation and stay compliant on both sides.

What about a UK Ltd. company?

If your customers are mainly in the UK or Europe, a UK private limited company (Ltd.) can be a good alternative or addition. Non-UK residents can also form a UK Ltd. It is registered with Companies House and needs at least one director, a registered office address in the UK, at least one shareholder, and details of the people with significant control. Directors and other key people now also need to verify their identity with Companies House. As with a US LLC, check the current requirements on the official government website before you file.

USUS LLC

  • Registered with a US state, usually the Secretary of State.
  • Needs a registered agent in the state.
  • Needs an EIN from the IRS for banking and taxes.
  • Often chosen for US customers, platforms and payment providers.

UKUK Ltd.

  • Registered with Companies House.
  • Needs a UK registered office address and at least one director.
  • Directors and key people verify their identity with Companies House.
  • Often chosen for UK and European customers.

Common mistakes to avoid

  • Choosing a state only for the lowest formation fee, without checking annual costs.
  • Using a personal bank account for business money.
  • Skipping the operating agreement.
  • Missing annual state reports or the Form 5472 filing.
  • Assuming no US filing is needed because the LLC earned little or no US income.
  • Ignoring tax obligations in your home country.

Get help registering your LLC or Ltd.

Company formation is full of small details that are easy to get wrong when you are doing it from another country. Zoom On Sales offers LLC (USA) and Ltd. (UK) registration services with personalised guidance through the formation process and ongoing compliance assistance, so you can focus on building and growing your business.

Once your company is set up, our complete sales solutions and fundraising services can help you win customers and investors.

Next step

Want help with this? Book a free call.

Talk it through with the Zoom On Sales team. Learn more about our LLC & Ltd. Registration service, or pick a time that suits you.

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FAQ

Non-resident LLCs, answered.

Still have a question? Email info@zoomonsales.com.

Can a non-US resident open an LLC in the USA?

Yes. US states do not require LLC owners to be US citizens or residents. A non-resident can form and own a US LLC, as long as the company has a registered agent with a physical address in the state where it is formed.

Do I need to visit the US to form an LLC?

Usually not. The LLC can be formed online or through a formation service, and an EIN can be obtained without an SSN by applying to the IRS with Form SS-4. Some banks may ask for an in-person visit to open an account, while others allow remote applications.

Which state is best for a non-resident LLC?

It depends on your business. If you will operate in a particular state, forming there is often simplest. Otherwise, many non-residents compare states such as Wyoming, New Mexico and Delaware on fees, annual requirements and privacy. Delaware is also widely used by companies that plan to raise venture capital, often as a corporation rather than an LLC.

Do foreign-owned LLCs have to file US tax forms?

Often yes, even with little or no US income. For example, a single-member LLC owned by a foreign person generally has an annual IRS filing requirement (Form 5472 with a pro forma Form 1120). Speak to a cross-border tax professional about your situation.

Can Zoom On Sales register my LLC or UK Ltd.?

Yes. Zoom On Sales provides LLC (USA) and Ltd. (UK) company registration services, with guidance through the formation process and ongoing compliance assistance.

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