Can a non-U.S. resident form a U.S. LLC?

By the FileUSLLC team · Last updated October 10, 2026 · General information, not legal or tax advice

Short answer: in general, yes. U.S. states form LLCs by accepting a filing from the person or company that wants to create it, and states generally don't ask that owners be U.S. citizens or residents. Each state sets its own rules, so confirm with the Secretary of State for the state you choose.

What you need to form the LLC

• A state. See how Wyoming, Delaware and New Mexico compare.
• A name that's available in that state.
• A registered agent with a physical address in that state. What that means.
• Owner information such as names and addresses.
• The state filing fee. Fees are listed on our comparison page.

You don't need an SSN to file the state formation document.

What forming the LLC does not solve

1. The EIN

Most banks and payment providers ask for an EIN. The IRS online application needs an SSN or ITIN, so foreign owners usually apply by phone, fax or mail. Here's how that works.

2. A bank account

Some banks and fintech providers accept non-U.S. owners. Each decides on its own. No service can promise approval.

3. Taxes

Forming a U.S. LLC doesn't remove tax duties in your home country, and it can add U.S. filing duties. For example, the IRS has an information return, Form 5472, that certain foreign-owned U.S. entities must file, and penalties can apply if it's missed. Whether it applies to you depends on your facts. Ask a qualified U.S. tax professional, and a tax adviser in your home country.

4. Where you actually do business

If you operate in another U.S. state, that state may require you to register and pay its fees too.

Questions to ask before you file

• Will I have customers, employees or property in a particular U.S. state?
• Do I want U.S. investors later? (An LLC may not be the entity they expect.)
• Who will review my U.S. and home-country tax position?
• Which bank or payment provider do I plan to use, and what do they require?