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US LLC for Non-Residents: Formation + EIN, $795
Short answer: Yes, a person who lives outside the United States can own a US LLC. All State Tax Resolution, led by Enrolled Agent Sabih Shafi, forms your Wyoming LLC, gets your EIN, prepares your bank and Stripe documents and files the yearly IRS forms. The formation package is $795, annual compliance is $695 a year, and the two together are $1,395.
Key takeaways
Formation is a flat $795 and includes the Wyoming state filing fee and your first year of registered agent service.
You do not need an SSN or ITIN to get an EIN. We apply by fax, and the IRS says an EIN by fax arrives generally within 4 business days.
A foreign-owned single-member LLC must file Form 5472 with a pro forma Form 1120 every year it has reportable transactions. Missing it carries a $25,000 IRS penalty.
Annual compliance is $695 a year. The bundle of formation plus the first year of compliance is $1,395.
We prepare Stripe-ready and bank-ready documents. Stripe and banks make their own decisions.
What you get for $795
Your Wyoming LLC filed. The $100 Wyoming filing fee is included.
Registered agent for year one. Wyoming requires every LLC to have one.
Your EIN. We prepare Form SS-4 and fax it to the IRS. No SSN or ITIN is needed.
An operating agreement, in English or Spanish.
A bank and Stripe document pack.
A 30-minute call with me, covering the US side of your LLC and the questions to take to a tax adviser in your own country.
The fee is flat and put in writing before we start. This package is for an LLC with one owner. If you will have partners, tell me on the call, because the filing changes.
What annual compliance covers ($695 a year)
Owning a US LLC from abroad comes with a yearly IRS filing, even if the LLC earned nothing in the US.
Form 5472 and a pro forma Form 1120. The IRS treats a US LLC wholly owned by a foreign person as a separate entity for this one purpose. It must file a pro forma Form 1120 with Form 5472 attached. Only the LLC's name, address and a couple of items on page one are completed on the 1120.
Form 7004 when you need more time.
The Wyoming annual report and its license tax, which is $60 at the minimum.
Registered agent renewal.
Deadline reminders so nothing is missed.
When it is due: a corporation return is due by the 15th day of the 4th month after the tax year ends, so April 15 for a calendar-year LLC. Form 7004 must be filed by that regular due date, and the extension is generally 6 months. The Wyoming annual report is due on the first day of the month in which the LLC was formed.
The IRS says these forms go by fax to 855-887-7737 or by mail to its Ogden, Utah address for foreign-owned LLCs. We handle that.
What counts as a reportable transaction? The IRS instructions include money put into the LLC and money taken out of it. In practice, almost every active LLC with a foreign owner files. The IRS penalty for failing to file Form 5472 is $25,000.
Bundle: $1,395
Formation plus your first year of compliance. Bought separately the two cost $1,490, so the bundle saves $95. It suits you if you plan to use the LLC right away and want one team handling the first filing season.
Which state: Wyoming is the standard
We form in Wyoming unless you ask for something else.
Formation: Wyoming charges $100 for the Articles of Organization.
Yearly cost: the Wyoming annual report carries a license tax of $60 or more, depending on assets in Wyoming. Delaware charges an annual tax of $300 on an LLC formed there.
Registered agent: both states require one.
Delaware or another state is available on request, and the price may vary. Our post on Wyoming vs Delaware for non-resident founders compares them in more detail.
The process, with real timing
You send your details. Passport, home address and what the LLC will do. We check whether this package fits you.
We file with Wyoming. The state says an online filing is active as soon as the process is complete, so we usually have your LLC filed within about one business day of having what we need.
We fax Form SS-4. Without an SSN or ITIN, line 7b of the SS-4 gets "foreign" or N/A. The IRS online application is not open to you, so fax is the route. The IRS says you can receive your EIN by fax generally within 4 business days.
We prepare your documents. Operating agreement, EIN confirmation and your bank and Stripe pack.
We talk. The 30-minute call, then the calendar reminders for your first filing.
Read our step-by-step post on getting an EIN without an SSN or ITIN.
Banking and the Stripe document pack
Each bank and Stripe decide for themselves whether to approve you. We cannot promise an approval. What we can do is hand you clean, matching documents.
What Stripe says it checks.
A business with an EIN is verified with an IRS SS-4 confirmation letter, IRS Letter 147C, an IRS fax transmission letter or an EIN Assistance Letter.
The business name on that document must exactly match the name registered with the IRS.
Stripe lists single-member LLCs under the group that uses an SSN, where it checks the individual owner. As a non-resident single owner, expect to be asked for your own identity documents.
If your country of residence differs from the country of the Stripe account, a passport is required.
Scans must be original, unexpired and readable.
What banks must do. When a US bank opens an account for a company, federal rules require it to identify and verify the company's beneficial owners, meaning the people who own or control it. Requirements beyond that vary by bank.
What we prepare. Your filed Articles, your EIN letter, your operating agreement and a checklist that makes the names match across every document. See also opening a US bank account remotely as a non-resident LLC.
Who this is not for
US citizens and green card holders. The IRS defines a foreign person as someone who is not a citizen or resident of the United States, so the foreign-owner rules above do not fit you. Start with our US expat tax services page.
Sellers who will hold inventory in the US. The IRS says profit from selling inventory in the US is effectively connected income, taxed at graduated rates. Read Amazon FBA and US tax for foreign sellers first.
Residents of Canada. Do not buy yet. Book the free review first, because the right structure for you may differ.
How we help
I am Sabih Shafi, an IRS Enrolled Agent, federally licensed to represent taxpayers before the IRS in all 50 states. I work with founders in other countries by phone and video, in English or Spanish.
I work with you directly in English or Spanish. My wife is Venezuelan, so I know firsthand what it takes to build a business from Latin America.
I form the LLC and file for the EIN.
I file your Form 5472 every year.
If the IRS sends a notice, I can represent you before the IRS as an Enrolled Agent.
Home-country reporting for your LLC is handled by a local professional, and I will coordinate with them.
Pick the package that fits:
Frequently Asked Questions
Can a foreigner open an LLC in the US?
Yes. The IRS has specific rules for a US LLC wholly owned by a foreign person. You can form one without living in the US. You will have a yearly IRS filing, Form 5472.
Do I need an SSN to get an EIN?
No. On Form SS-4, a responsible party with no SSN or ITIN writes "foreign" or N/A on line 7b. The online application is for owners who have an SSN or ITIN, so we apply by fax.
Do I pay US tax if I have no US clients?
Often not on income from outside the US, but it depends on your facts. The IRS taxes nonresidents on income effectively connected with a US trade or business and on certain US-source income. Even with no US tax due, a foreign-owned single-member LLC still has the Form 5472 filing. Our post on why you still need compliance with no US clients explains.
What is Form 5472?
It is an IRS information return that reports transactions between your LLC and its foreign owner, such as money you put in or take out. A foreign-owned US LLC files it with a pro forma Form 1120. The IRS penalty for failing to file is $25,000.
Wyoming or Delaware?
Wyoming costs $100 to form and has a $60 minimum yearly license tax. Delaware charges an LLC $300 a year. We use Wyoming as the standard. We can form in Delaware on request, and the price may vary.
Can I open a US bank account from abroad?
Sometimes. It depends on the bank, and each makes its own decision. US banks must verify the owners of a company account, so they will ask for your identity documents. We prepare your document pack, but we cannot promise approval.
How long does it take?
Wyoming activates an online filing as soon as it is completed, and we usually file within about one business day. The IRS says an EIN by fax generally takes 4 business days. The IRS timing starts when it receives your fax.
General information, not tax advice for your situation.
Related Reading
Talk to an Enrolled Agent
This article is general information, not individual tax advice. If you want to talk through your own IRS or state balance, book a free 20-minute review or call or text us directly.
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