US LLC for non-residents: which state, what you'll owe, and what you must file
Anyone, from any country, can own a US LLC without a visit or an SSN. For a single owner working from abroad, the LLC usually owes no US income tax, but it must file Form 5472 every year, and the penalty for missing it is US$25,000.
Pick the state by what you need: New Mexico for the lowest yearly cost, Wyoming for a long track record at low cost, Delaware for investors, Florida for customers there, Nevada for creditor protection.
We read the 19 pages that rank for US LLC questions this month. Not one had correct fees for all five states, and three still tell you to file a report the law dropped in 2025. This guide fixes that, with every figure dated November 2026.
Key takeaways
- A non-resident can form a US LLC without a visit, an SSN or an ITIN. The tax number comes by fax from the IRS.
- A single owner working from abroad, with no US office or staff, usually owes no US income tax. The LLC still files Form 5472 with a pro forma 1120 every year.
- Missing Form 5472 costs US$25,000 per form, and more if it isn't fixed within 90 days of an IRS notice.
- The cheapest state to keep is New Mexico: $0 a year to the state. The dearest of our five is Delaware, at a $400 yearly tax.
- US LLCs no longer file a beneficial ownership report. FinCEN's final rule of August 2026 made the exemption permanent.
- Your home country decides your personal tax. A US LLC doesn't move it.
Can a non-resident own a US LLC, and should you?
Yes, from any country we serve and of any nationality. The harder question is whether it fits what you do. A US LLC opens US payment firms, marketplaces and banks to you. It doesn't make you a US taxpayer, and it doesn't make you tax free at home.
- You sell online to customers anywhere, and want Stripe, PayPal or Amazon in the company's name (the usual route from Pakistan, Nigeria or India)
- You work for clients abroad and want a US company to invoice from
- You hold investments or IP in a simple company
- You want US banking in dollars
- You'll raise money from US venture funds: they usually want a Delaware C-corp
- You'll hire staff or open an office in the US: the tax picture changes
- Your country taxes companies its residents control abroad: check first
- You live in the US: this guide's tax answers don't apply to you
A US LLC opens US payment firms and banks to you. It doesn't change where you pay personal tax.
Best state for an LLC as a non-resident: the five compared
You don't have to form where you'd live; you'll live abroad either way. The state decides three things: what you pay each year, what the public record shows, and how the law treats your share. Everything federal is the same in all five.
| State | State fee to form | Each year to the state | Names on the public record | Best for |
|---|---|---|---|---|
| New Mexico | $50 | $0, no report | None required | The lowest yearly cost and fewest filings |
| Wyoming | $102.40 | $61.44 minimum with card fee, with a report | Only the organizer | Low cost with a long record banks know |
| Florida | $125 | $138.75, report by 1 May | At least one manager | Customers in Florida or Latin America |
| Delaware | $110 | $400 tax by 1 June | None required | US investors and their lawyers |
| Nevada | $425 | $350 list and licence | Managers named | The strongest written shield for your share |
The state chooser
What matters most to you? One answer is enough.
Pick the state by your one main need: cost, record, investors, customers or creditor protection.
How much does a US LLC cost a non-resident over time?
First-year prices are what providers advertise. Years two to ten are where the states pull apart: New Mexico charges nothing, Delaware $400. Slide to the years you'll keep the company; prices are ours, state fees and agent included.
Judge a state by year ten, not year one. New Mexico costs $720 over ten years with us, Delaware $5,120.
How to form a US LLC from abroad, step by step
Six steps, and none needs a flight. The state filing takes minutes to days; the IRS number takes longest.
- Pick the state and the name
Check the name is free in that state. It must end in LLC or a version the state allows.
Day 1 - Appoint a registered agent
Every state requires one with a street address in that state. You can't be your own from abroad. Ours is in the price.
Day 1 - File the articles
The state's form, filed online. In New Mexico and Wyoming we sign as organizer, so your name isn't on it.
Minutes to a few days - Sign the operating agreement
Not filed with the state, but banks and payment firms ask for it. It names you as owner.
Same week - Get the EIN
Form SS-4 to the IRS by fax, since the online tool won't take a business run from abroad.
About 4 working days - Open the bank account
With the EIN letter, articles and your passport. Most online business accounts, backed by US partner banks, accept founders abroad.
Days to a couple of weeks
Six steps, no flight. The IRS number is the slowest part, at about four working days.
How to get an EIN without an SSN, and whether you need an ITIN
The EIN is the company's US tax number. You don't need an SSN or an ITIN to get one. The IRS online application turns away anyone who runs the business from abroad or has no SSN or ITIN, so founders abroad apply on Form SS-4 by fax or phone. Our EIN guide fills the form in line by line.
- Needed for a bank account and Form 5472
- Free at the IRS
- No SSN or ITIN required
- By fax, about 4 working days
- Only if you must file a US personal return
- Not needed to form the LLC
- Not needed for the EIN
- Applied for with your tax return
A few online business accounts ask owners for an ITIN or SSN. Most don't. Our US bank account guide covers the documents, insurance and tax forms. An ITIN is only worth getting if you'll owe US tax personally, which most founders in this guide won't.
The EIN needs no SSN or ITIN. Get an ITIN only if you will owe US tax personally.
Do non-residents pay US tax on an LLC?
The US taxes a non-resident on two kinds of income: profit from a US trade or business (called effectively connected income) and certain passive US income like US rent, interest or dividends. Work done from abroad, for anyone, is neither. Answer four questions.
A guide to the rules, not tax advice. Amazon stock held in US warehouses, US agents who sign for you and US real estate are the common edge cases: ask us first.
Two worked examples
Say you sell design work from Lisbon
Say you hire a US sales rep
Work done from abroad isn't US business income. US staff, US work or US rent and dividends are what change that.
Form 5472 and the pro forma 1120: the filing nobody can skip
A US LLC with one foreign owner is treated as a corporation for this one purpose. Every year money moves between you and it, it files Form 5472, attached to a mostly blank Form 1120. The year you form it counts, even with no sales. Our Form 5472 guide goes line by line.
- 1Top of Form 1120
- "Foreign-owned U.S. DE" written across it
- 2Form 5472, Part I
- The LLC: name, EIN, address
- 3Part II
- You, as the 25% foreign owner
- 4Parts IV and V
- Money in and out between you and the LLC
- Sent
- By fax or post, by 15 April
Illustration only. Not a real form.
- 1The 1120 is a cover sheet here. No corporate tax is calculated on it.
- 3Your name, address and tax number at home go here. This is how the IRS knows the owner in every state.
- 4Capital you put in, money you take out and fees the LLC pays you all count.
The due date is 15 April for a calendar year, extendable to 15 October with Form 7004. Our Form 5472 filing is US$179 a year in every state.
File Form 5472 with a pro forma 1120 every 15 April, even in a year with no sales.
Will your home country tax your US LLC?
Probably, in some way. No US LLC changes where you're tax resident. Countries treat a US LLC in one of two ways, and that choice decides when you pay.
Many countries treat a single-owner LLC as transparent, so its profit is your income in the year it's made, whether you take it out or not.
Others treat it as a foreign company. Then dividends are taxed when paid, unless rules on foreign companies you control tax the profit earlier.
Four questions for your adviser at home
- Does my country look through a US LLC, or treat it as a company?
- Do your rules on foreign companies I control apply to it?
- If I manage it from home, could you treat it as resident here?
- Does our tax treaty with the US change any of this?
Ask your home tax office the four questions before the LLC earns its first dollar.
US LLC annual requirements, state by state
Federal duties are the same everywhere. State duties are where founders slip, because each state picks its own date. Choose yours and the month you'd form.
One federal date, one state date and the agent renewal. Put all three in your calendar on day one.
Does a non-resident LLC collect US sales tax?
Sales tax belongs to the state where your customer is, not the state you formed in. You owe nothing until your sales into a state pass its threshold, which for most states is $100,000 a year. A few also count orders, and some have dropped that test.
Alaska, Delaware, Montana, New Hampshire and Oregon have no statewide sales tax. Forming in one of them doesn't help: what counts is where your buyers are.
Sales tax follows your buyers, not your state. Nothing is due below each state's threshold.
Can a non-resident open a US bank account for an LLC?
Yes, usually with a US fintech bank rather than a high-street one, and usually without a visit. Three things decide it:
Fintechs want your actual business address abroad, not the registered agent's.
The IRS confirmation, plus the articles and operating agreement.
Each bank keeps a list of countries it won't serve. We match you to one that will.
We prepare the application with you, and it almost always goes through. Traditional US banks mostly still want a visit to a branch.
Give the bank your real address abroad, never the agent's.
Anonymous LLC for non-residents: what each state really shows
No US LLC is anonymous; the IRS sees the owner on the EIN form and Form 5472. What differs is the public record, which anyone can search.
FinCEN exempted every company formed in the US in March 2025, and its final rule of August 2026 made it permanent. Pages that still ask you to file one are out of date.
No US LLC hides you from the IRS. New Mexico, Wyoming and Delaware keep names off the public record.
Seven mistakes non-residents make with a US LLC
It's due even with no sales. The penalty is the same US$25,000.
You'd pay $400 a year for a benefit only investors use.
Fintechs refuse it. Give your real business address.
US LLCs don't file one any more.
Your home country still taxes you, often as the profit is earned.
US staff can turn the profit into US-taxed income overnight.
Each state sets its own. We file before it, inside the yearly price.
Most costly mistakes are a skipped Form 5472 and assuming the LLC makes you tax free.
Every guide for your US LLC, state by state
Picked a state? Each row is everything you'll need there: forming it, keeping it, its taxes and how its public record looks.
| State | Formation | Every year | Tax | Public record | Also |
|---|---|---|---|---|---|
| Wyoming | Form one | Yearly fees | Taxes | Company search | Registered agent Step-by-step guide |
| Delaware | Form one | Yearly fees | Taxes | Company search | C corp or LLC? |
| New Mexico | Form one | Yearly fees | Taxes | Company search | |
| Florida | Form one | Yearly fees | Taxes | Company search | Articles of organization Trade name (DBA) |
| Nevada | Form one | Yearly fees | Taxes | Company search |
IRS numbers and forms
By what your LLC does
Choosing between options
US LLC for non-residents: questions, answered
Can a foreigner open an LLC in the US?
What is the best state for a non-resident LLC?
Do non-residents pay tax on a US LLC?
What is Form 5472?
Do I need an ITIN for my LLC?
How long does it take to form a US LLC from abroad?
Is a US LLC anonymous?
Do I need to file a BOI report?
Does a US LLC report to my country under CRS?
Can I pay for my US LLC in crypto?
Cite this guide: Heirson, "US LLC for non-residents: which state, what you'll owe, and what you must file", updated 10 November 2026.
Changelog
- 10 November 2026: first published, covering five states.
A New Mexico LLC: $99 to start, $69 a year.
No yearly state fee, no owner names on the filing, EIN without an SSN. Paid in crypto once you've signed.