US LLC for Non-Residents: Company Formation Guide (2026)

A single-member LLC is the US company most non-US founders form from abroad: no visit, no residency rule, and no US income tax when all the work happens outside the US. That last part is where people get caught, because the profit is still taxed where you live. This page covers the state choice, the EIN without an SSN, banking, the yearly filings and where the tax really lands.

Quick summary

  • A single-member LLC owned by a non-US person pays $0 US tax on $100,000 of profit when all the work is done outside the US.
  • Wyoming charges $100 to form an LLC and a $60 minimum a year; Delaware charges $110 and $400 a year.
  • Without an SSN or ITIN the EIN comes by phone, fax or mail, never online, and it is the slowest step.
  • Form 5472 is due every April 15 even with no US income, and missing it costs $25,000 per failure.
  • Your country of residence usually taxes the LLC's profit as your own income.
  • A Delaware C-corporation paying $100,000 of profit to a foreign owner with no treaty loses $44,700 to US tax.

The United States' company rules: quick facts

Entity
Single-member LLC owned by a non-US person (Wyoming, Delaware, New Mexico, Florida)
Tax model
Pass-through, 0% Source: irs.gov, checked September 29, 2026. IRS (page updated July 27, 2026): an LLC with one member is disregarded as separate from its owner for income tax unless it elects corporate treatment on Form 8832, and its activities go on the owner's return. There is no entity-level federal income tax. A C-corporation pays 21% federal tax on its taxable income (26 USC 11(b), read September 29, 2026 at law.cornell.edu/uscode/text/26/11)Headline corporate tax rate
Formed without visiting
Yes
Bank or EMI account
Good
Audit required
No
EU list of non-cooperative jurisdictions
Not listed Source: data.consilium.europa.eu, checked October 12, 2026
Economic substance rules
No

LLC or C-corporation: which US company a non-resident forms

The usual choice for a non-US freelancer or solo founder is a single-member LLC. None of the 4 states in the cost box has a residency or nationality rule for members or managers, 1 member is enough, and the only local requirement is a registered agent with a physical address in the state.

The state decides the running cost and what the public record shows, not the federal tax. Wyoming's minimum annual license tax is $60 and Delaware's annual LLC tax is $400, so over 5 years a Delaware LLC costs $1,700 more to keep for the same result. Wyoming, New Mexico and Delaware filings do not have to name the owner, while Florida's public record names a manager or authorized member.

A Delaware C-corporation is a separate taxpayer paying 21% federal corporate tax, and its dividends to a foreign owner bear 30% US withholding unless a tax treaty lowers it. Paid out in full with no treaty, $100,000 of profit loses $21,000 to corporate tax and $23,700 to withholding, 44.7% before your home country looks at it. That structure is for founders raising US venture capital, not for a freelancer taking profit out.

How the US taxes a non-resident's LLC

By default the IRS disregards a single-member LLC as separate from its owner for income tax: the LLC pays no entity-level tax and its profit is treated as yours, unless you elect corporate treatment on Form 8832.

As a foreign owner, you owe US income tax only on income effectively connected with a US trade or business. Personal services performed while you are physically in the US usually count when they are considerable, continuous and regular. A service business run entirely from outside the US, with no US office, has none, so US tax on $100,000 of profit is $0. Taking the money out is not a dividend in a disregarded LLC, so no withholding applies either.

The US has no VAT, and state sales tax needs nexus in a state, which services sold to clients abroad do not create. Your country of residence may still want you registered for VAT if the business is carried on from there.

David's note

I would settle how your country of residence classifies a single-member LLC before choosing a state. The state moves your yearly bill by $340 at most between Wyoming and Delaware; the classification decides whether the profit is taxed once as your own business income or pulled into CFC rules as a foreign company's profit. When the answer is "a foreign company", the LLC loses the simplicity that was the reason to form it.

Cost and timeline to set up in the United States

What a company in the United States costs
Wyoming Articles of OrganizationOfficial fee$100 Source: sos.wyo.gov, checked September 29, 2026
Wyoming annual report license tax (minimum)Official fee$60 a year Source: sos.wyo.gov, checked September 29, 2026. $60 or $0.0002 per dollar of assets located in Wyoming, whichever is greater
Delaware Certificate of Formation (domestic LLC)Official fee$110 Source: corpfiles.delaware.gov, checked September 29, 2026. Delaware Division of Corporations fee schedule revised August 1, 2026: 'Formation, domestic' $110.00 (linked from corp.delaware.gov/fee/). Same-day and 24-hour expedite fees are extra
Delaware LLC annual taxOfficial fee$400 a year Source: corp.delaware.gov, checked September 29, 2026. Delaware Division of Corporations: domestic and foreign LLCs pay an annual tax of $400 on or before June 1; late payment costs a $200 penalty plus 1.5% interest a month on tax and penalty
Florida Articles of Organization with registered agent designationOfficial fee$125 Source: dos.fl.gov, checked September 29, 2026
Florida annual reportOfficial fee$138.75 a year Source: dos.fl.gov, checked September 29, 2026. Annual report (and supplemental fee) $138.75; $538.75 if received after May 1
New Mexico Articles of OrganizationOfficial fee$50 Source: enterprise.sos.nm.gov, checked September 28, 2026
Setup, all inMarket range, checked Sep 2026$300 to $2,000
Running cost per year, all inMarket range, checked Sep 2026$200 to $2,000

Official fees come from the government or registry schedule. Market ranges cover formation and yearly upkeep through a provider, including a registered agent and filings. Timeline: The state filing takes 1 to 5 business days online. The EIN is the slow step: an owner with no SSN or ITIN cannot use the IRS online tool and applies by phone, fax or mail, which can take several weeks.

How to form a US LLC from abroad, step by step

Nothing in the process needs a trip to the US. The state filing is online in all 4 states in the cost box, the EIN comes by phone, fax or mail, and only a traditional branch bank is likely to ask you to come in person.

Forming a US LLC as a non-resident

  • Choose the state and a registered agent. The agent needs a physical address in that state; its address goes on the public filing and it receives legal papers for the LLC.
  • File the articles of organization online (a certificate of formation in Delaware) with the LLC's name, the agent's details and an organizer. Online filings take 1 to 5 business days.
  • Sign a single-member operating agreement naming you as the only member, and keep it with the filed articles as the record of who owns and runs the LLC.
  • Apply for the EIN on Form SS-4. Without an SSN or ITIN the online tool is closed to you, so call the IRS international line on 267-941-1099 (Monday to Friday, 6 a.m. to 11 p.m. Eastern) or fax or mail the form, which can take several weeks. The EIN itself is free.
  • Open the business account with the filed articles, the EIN letter and your ID.
  • Diary the yearly filings before the first one falls due: Form 5472 every April and the state charge in the table below.

The LLC has no nationality test for its owner, but once formed it is a US person for sanctions purposes: OFAC requires all US-incorporated entities to comply with US sanctions. An owner who lives in a country under US sanctions should expect US banks and fintechs to refuse the account.

There is no beneficial ownership report to file and no public register of owners. FinCEN exempted companies created in the US from reporting on March 26, 2025, and a final rule made the exemption permanent from August 14, 2026; only foreign companies registered to do business in a state still report.

US LLC annual filings and deadlines

A non-resident's LLC owes paperwork every year even when it owes no US tax. The federal filing is the same in every state; the state charge depends on where you formed.

Yearly filings for a single-member LLC owned by a non-US person, calendar tax year

FilingFiled withDeadlineCost of missing it
Form 5472 attached to a pro forma Form 1120The IRS, by fax or mail only (no e-filing)April 15; Form 7004 extends it$25,000 per failure, plus $25,000 for each 30 days it continues beyond 90 days after an IRS notice
Wyoming annual report and license tax ($60 minimum)Wyoming Secretary of StateFirst day of the month the LLC was formed inDissolution if not paid within 60 days of the due date
Delaware annual LLC tax ($400)Delaware Division of CorporationsJune 1$200 penalty plus 1.5% interest a month on tax and penalty
Florida annual report ($138.75)Florida Division of CorporationsMay 1The fee rises to $538.75
Your own tax return, with the LLC's profit on itThe tax authority where you liveYour country's deadlineYour country's penalties and the tax itself

Opening a US bank account for a non-resident LLC

US fintech business accounts are the realistic route for a non-resident owner: they open online with the formation documents, the EIN letter and your ID. Traditional US banks usually want you in a branch, so they suit an owner who already has a US trip planned.

Expect questions about where you live, what the LLC sells and who pays it. Fintechs refuse founders who live in the countries on their restricted lists, some expect a US connection, and an account opened while you lived in one country can be closed if you move to a country on that list.

The US reports accounts under FATCA and has not joined the OECD Common Reporting Standard, but that does not keep the LLC out of sight at home. An account the LLC holds at a bank or fintech outside the US is usually treated as a passive entity's account, and you are reported to your country of residence as its owner.

Every account opening also asks for your tax residence on a self-certification form, and "none" is the answer that stalls onboarding. That form, more than any tax rule, is the practical limit on running a US LLC with no tax residence anywhere.

Where a US LLC's profit is really taxed

The $0 US tax is real, but it only moves the question to the country where you live. At $100,000 of profit from client work, this is where the tax lands in the 5 situations owners actually end up in.

Tax on $100,000 of LLC profit by owner situation (US column from the IRS rules above)

Owner situationUS taxWhere the profit is taxed
Lives in a country that treats the LLC as transparent$0Your country, as your own business income at its personal rates, often with social security on top
Lives in a country that treats an LLC as a foreign company$0Your country, through its CFC rules or as company profit, with a risk of the same profit being taxed twice
Lives in Paraguay and works from there$0Paraguay, because work done while living there is Paraguayan-source even when the clients are abroad
Has no tax residence anywhere$0No country claims it on paper, and bank checks and CRS forms become the problem
Works from inside the US for long stretchesGraduated rates on the effectively connected part, filed on Form 1040-NRThe US, and the country of residence as well

The cheapest version that holds up pairs the LLC with a residence that taxes the owner lightly, such as living in Paraguay with a US LLC, where the US takes nothing and Paraguay taxes the work done there at its own personal rates.

Form 5472 is the expensive mistake

An LLC with no US income still files Form 5472 with a pro forma Form 1120 every year, reporting its transactions with you, including the money you put in to form it and every distribution you take out. The IRS penalty is $25,000 for each failure, and more if it runs on after a notice. It cannot be e-filed: you fax or mail it, with "Foreign-owned U.S. DE" written across the top of the Form 1120.

A non-resident's US LLC, set up right and wrong

Works

You live in 1 country, you have confirmed it treats a single-member LLC as transparent, you report the profit on your own return there, and you fax Form 5472 every April, including the year the LLC had no US clients.

Fails

You formed the LLC because it pays no US tax, you report nothing where you live, you skip Form 5472 because there is no US income, and you spend 4 months a year working from a rented apartment in Miami.

Sources

  1. IRS: single member limited liability companiesirs.gov, checked
  2. IRS: effectively connected incomeirs.gov, checked
  3. IRS: employer identification number, international applicantsirs.gov, checked
  4. IRS: get an employer identification numberirs.gov, checked
  5. IRS: instructions for Form 5472irs.gov, checked
  6. IRS: NRA withholdingirs.gov, checked
  7. 26 U.S. Code section 11, tax imposed on corporationslaw.cornell.edu, checked
  8. Wyoming Secretary of State: business fee schedulesos.wyo.gov, checked
  9. Wyoming Secretary of State: LLC articles of organization and instructionssos.wyo.gov, checked
  10. Delaware Division of Corporations: LLC and partnership annual taxcorp.delaware.gov, checked
  11. Florida Division of Corporations: LLC feesdos.fl.gov, checked
  12. FinCEN: beneficial ownership information reportingfincen.gov, checked
  13. OFAC: basic information on OFAC and sanctionsofac.treasury.gov, checked

Frequently asked questions

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

Yes. None of the 4 states compared here has a residency or nationality rule for members or managers, and 1 member is enough. You need a registered agent with a physical address in the state, an EIN from the IRS and, in practice, a US fintech or bank account.

Which state is best for a non-resident LLC?

For a solo non-resident, Wyoming usually costs least to keep: $100 to form and a $60 minimum a year, with no owner named in the filing. Delaware's $400 annual LLC tax buys little a solo owner needs. New Mexico also keeps the owner off the filing; Florida's public record names a manager or authorized member.

How much does it cost to register a US LLC as a non-resident?

The state fee is $100 in Wyoming, $110 in Delaware and $125 in Florida, and the EIN is free. With a registered agent and help with the yearly filings, the market range is about $300 to $2,000 to set up and $200 to $2,000 a year to run.

Does a non-resident pay US tax on a single-member LLC?

Not when all the work is done outside the US. The LLC is disregarded, so it pays no tax itself, and a foreign owner is taxed only on effectively connected income, which personal services performed outside the US do not create. Work done while you are in the US for long periods can change that.

Does my home country tax my US LLC's profit?

Usually, yes. Your country of residence normally taxes the profit as your own business income, sometimes with social security on top, whether or not you take it out of the LLC. A country that treats an LLC as a foreign company can apply CFC rules instead, which is why the classification matters more than the state.

Can a non-resident get an EIN without an SSN or ITIN?

Yes, but not online. The IRS online tool needs an SSN or ITIN and a principal place of business in the US, so a foreign owner applies on Form SS-4 by phone, fax or mail. Fax and mail can take several weeks.

Do I have to file Form 5472 if my LLC has no US income?

Yes. A foreign-owned single-member LLC files Form 5472 with a pro forma Form 1120 every year, because money you put in or take out counts as a reportable transaction. Missing it costs $25,000 per failure.

Do I need an ITIN to open a US bank account for my LLC?

Not for the fintech route: those accounts open online with the LLC's formation documents, its EIN letter and your ID. Traditional banks set their own rules and usually want to see you in a branch.

David Sisvadze

CEO at Nomad Tax Map

David brings 13+ years of experience, including 6 years with the Revenue Service of Georgia and 7 years managing private-sector import operations. He has a strong background in customs, imports, exports, and cross-border logistics.