How to form a US LLC as a non-resident (2026 step-by-step guide)

Can a non-resident form an LLC in the US?

Yes. Forming an LLC is a state filing, and its requirements are about the company, not your nationality: a name the state accepts, a registered agent with a physical address in the state, and articles of organization with the filing fee. Owners abroad then get an EIN (the IRS's tax ID for businesses) with Form SS-4, whose instructions cover a responsible party who doesn't have and can't get an SSN or ITIN.

Know what the LLC doesn't do. Owning a US company doesn't give you a US visa or permission to work in the US, and it doesn't switch off tax and reporting duties where you live. Residents of India, for example, have RBI overseas investment filings and Indian tax disclosures; see how to start a US LLC from India.

How to form a US LLC from outside the US, step by step

1. 1

   Choose the state

   With no US office, you can form in any state. Wyoming, New Mexico and Delaware are popular with founders outside the US; the yearly costs differ far more than the filing fees. If you'll have an office or staff in a state, look at that state first. The next section compares them.

2. 2

   Pick a name the state and the IRS accept

   The name needs an LLC designator and must be distinguishable from names already on the state's records. Florida's statute, for example, requires "limited liability company", "L.L.C." or "LLC". Search the state's business database first, and stick to letters, numbers, hyphens and ampersands, the only characters IRS systems accept in business names.

3. 3

   Appoint a registered agent

   Every LLC needs a registered agent with a physical street address in its state to accept lawsuits and state notices. Owners abroad use a commercial service; see what a registered agent does.

4. 4

   File the articles of organization

   Some states call it a certificate of formation. It puts the LLC's name, registered agent and filer on the public record. Wyoming charges $103 and returns documents in about 2 days. If you're in a hurry, expedited filing adds $49 with us, on top of the state's own expedite fee.

5. 5

   Sign an operating agreement

   It records who owns the LLC and how decisions are made. It isn't filed with the state, but banks and your accountant ask for it; Relay, for example, requires a signed one for multi-member LLCs. See what goes in an LLC operating agreement.

6. 6

   Get your EIN

   Once the state approves the LLC, file IRS Form SS-4 by phone, fax or mail, because the online application needs an SSN or ITIN; getting an EIN without an SSN walks through each route.

7. 7

   Open a US business bank account

   Fintechs such as Mercury, Relay and Wise accept applications from owners abroad and ask for your EIN letter, formation documents, passport and real operating address. Compare them in opening a US bank account as a non-resident.

8. 8

   Set up payments

   Stripe supports US-registered businesses even when you operate from another country, and asks for the EIN, a US bank account and the address where most of your business activity happens. Details in using Stripe and PayPal with a US LLC.

9. 9

   Put the yearly deadlines on a calendar

   Add the state report or tax, your registered agent renewal and Form 5472. The LLC annual compliance checklist lists every item.

Which state should a non-resident choose?

For an online business run from abroad, the state mainly decides your state fees and paperwork. Your federal filings are the same wherever you form. Compare what you pay once and every year:

• Lowest yearly cost with a short annual report: Wyoming, at $60 minimum a year.
• Nothing to file each year: New Mexico (No annual report).
• An investor or partner asks for Delaware: Delaware, despite the higher yearly tax.
• You'll have an office, employees or inventory in a state: that state, since you'd have to register there as a foreign LLC anyway.
• Check your providers first: Wise, for example, says it can't onboard businesses from Nevada.

Go deeper with the best state for a non-resident LLC, Wyoming vs Delaware, Wyoming vs New Mexico, or every state's fees.

How much does a US LLC cost in total?

Three costs add up: the state filing fee once, the state's yearly fee, and a registered agent and compliance service every year. The EIN is free from the IRS. Here's a Wyoming LLC on our plans, with state fees at cost:

Delaware costs more to keep because of its $400 annual tax: $459 in the first year on Starter and $749 each year after. On Starter you'd file Form 5472 yourself or pay a US accountant. See LLC costs by state and LLC annual fees by state, or compare our plans.

What must a non-resident LLC file every year?

• Form 5472 and a pro forma Form 1120. A single-member LLC owned by a non-US person files them by the 15th day of the 4th month after its tax year (April 15 for a calendar year), and the IRS penalty for not filing is $25,000; see Form 5472 for foreign-owned LLCs.
• US income tax, only if it applies. It depends on whether the LLC is engaged in a US trade or business, which the IRS describes as considerable, continuous and regular activity; read US taxes for non-resident LLC owners and confirm with a US CPA.
• No BOI report for US-formed LLCs. FinCEN's final rule, effective August 14, 2026, keeps US companies exempt from beneficial ownership reporting; see BOI reporting in 2026.
• Registered agent renewal, so the state always has a working address for legal papers.
• Home-country filings, such as your own tax return and, for residents of India, RBI's Annual Performance Report every December 31.

How long does it take to form a US LLC from abroad?

Most of the wait is the EIN. Get it by phone and you can apply to banks within days of the state approval; by fax, plan on two to three weeks.

Common mistakes non-residents make

• Giving banks the registered agent's address. Mercury, Wise and Relay ask for the address where you actually operate. Mercury accepts a residential address, in the US or abroad.
• Mismatched names. Stripe says the business name on your EIN document must exactly match the legal name registered with the IRS. Copy the name from your approved articles into every application.
• Applying for the EIN before the LLC exists, or twice. The IRS warns that applying before forming the entity can delay the EIN, and asks you to use one method per entity so you don't get two numbers.
• Skipping Form 5472 because there was no income. Money you put into or take out of the LLC is a reportable transaction, and the penalty starts at $25,000.
• Paying for Delaware without needing it. Its annual tax is $400, against $60 minimum in Wyoming.
• Forgetting home-country rules. Indian residents, for example, need Form FC and a UIN from their bank before funding the LLC.
• Letting the annual report lapse. A missed report can cost the LLC its good standing or lead to administrative dissolution.

Forming your LLC with Register Quick LLC

Starter is $349 a year plus the state fee at cost. It includes formation in any state, your EIN with or without an SSN (we prepare and file Form SS-4 when you don't have one), a registered agent and US business address for the year, scanned legal and state mail, the annual report filed for you, an operating agreement, a document vault and a compliance calendar.

Pro is $999 a year and adds Form 5472 with a pro forma 1120 prepared by our US tax partner, the EIN applied for by phone as your designee, bank and Stripe application support, extra mail scans and an RBI overseas-investment checklist for Indian founders. We aren't a law or CPA firm, and banks and Stripe make their own approval decisions.

Frequently asked questions