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Business Formation Guide

US LLC for Non-Residents: Complete 2026 Guide

Everything you need to know about forming and operating a US Limited Liability Company as a non-US resident — from state selection to banking and taxes.

Updated: January 2026•12 min read

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Forming a US LLC as a non-resident is one of the most common paths for international entrepreneurs to establish a legitimate US business presence. Whether you're looking to sell on Amazon, accept US payments, or simply build credibility with American clients, a US LLC provides the structure you need.

The good news: You don't need to be a US citizen, have an SSN, or even visit the United States to form an LLC. Everything can be done remotely.

Why Form a US LLC?

Business Benefits

  • US bank account access
  • Accept US payments (Stripe, PayPal)
  • Sell on Amazon, eBay, Shopify
  • Professional US business address

Legal Benefits

  • Personal liability protection
  • Separate legal entity
  • Asset protection
  • Credibility with US clients

Choosing the Right State

You can form an LLC in any US state, regardless of where you live. However, some states are more popular for non-residents due to their favorable laws and low costs.

StateFormation CostAnnual FeeBest For
Wyoming$100$60/yearMost non-residents, privacy
Delaware$90$300/yearStartups seeking investors
New Mexico$50$0/yearBudget-conscious
Nevada$425$350/yearAsset protection

Our Recommendation: Wyoming

For most international entrepreneurs, Wyoming offers the best combination of low costs, privacy protection, no state income tax, and ease of formation. It's the most popular choice among our clients.

Step-by-Step Formation Process

1

Choose Your State

Wyoming is recommended for most non-residents. Delaware for VC-backed startups.

2

Select a Registered Agent

Required in all states. The agent provides your LLC's official US address. Cost: $50-150/year.

3

File Articles of Organization

Submit formation documents to the state. Can be done online. Processing: 1-5 business days.

4

Create Operating Agreement

Internal document outlining LLC operations. Not filed with state but required by banks.

5

Obtain Your EIN

Apply for your Employer Identification Number. Required for banking and taxes. We can help!

6

Open US Bank Account

Mercury and Relay accept non-resident LLCs. Apply online with your LLC docs and EIN.

Getting Your EIN (Tax ID)

After your LLC is formed, you'll need an Employer Identification Number (EIN) from the IRS. This is your business's tax ID — think of it like a Social Security Number for your company.

Important for Non-Residents

Without an SSN, you cannot use the IRS online EIN application. You must apply by phone (or use a service like ours). DIY phone applications involve calling +1-267-941-1099 during US business hours.

Our EIN service handles the phone application for you, supporting your EIN application with service-level options. Learn more about our international EIN service.

Opening a US Bank Account

With your LLC documents and EIN, you can open a US business bank account remotely. Here are the best options for non-residents:

Mercury

Most popular for non-residents. Modern interface, easy to use.

  • • No minimum balance
  • • Free domestic wires
  • • Integrates with Stripe

Relay

Great alternative with solid features.

  • • No monthly fees
  • • Multiple accounts free
  • • Good for budgeting

Tax Considerations

Tax Disclaimer

This is general information only. Tax obligations depend on your specific situation, including your country of residence, business activities, and applicable tax treaties. Always consult a qualified cross-border tax professional.

General Principles:

  • US Federal Income Tax: A single-member LLC owned by a non-resident is generally a "disregarded entity" for US tax purposes. You may or may not owe US tax depending on whether income is "effectively connected" with a US trade or business.
  • State Taxes: Wyoming has no state income tax. Delaware has a $300 annual franchise tax. Other states vary.
  • Home Country Taxes: You'll likely owe taxes in your home country on your worldwide income.
  • Filing Requirements: Even if you don't owe US tax, you may have filing requirements (Forms 5472, 1120, etc.).

Ready to Get Started?

Forming a US LLC as a non-resident is straightforward with the right guidance. The typical timeline is:

  • • LLC Formation: 1-5 days
  • • EIN Application: 24-48 hour estimate (with our service)
  • • Bank Account: 1-2 weeks

Once you have your LLC formed, the next step is getting your EIN. We specialize in helping international entrepreneurs obtain their EINs without an SSN.

Get Your LLC's EIN

No SSN required. Professional service for non-resident LLC owners.

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