IncorporationBureau Compare agents
Home / Non-resident
Flagship guide · Non-resident

Plan your U.S. LLC

A decision path for foreign founders: operating state, formation, service of process, EIN eligibility, banking applications and tax reporting.

Foreign founders can own a U.S. LLC in many circumstances, but formation, an EIN, banking approval and tax reporting are separate decisions. Start with where the business will operate and who will own it. A formation package does not settle every later requirement.

1. Choose the state for your activities

Compare your operating state with other formation options in our state-selection guide. Living outside the United States does not remove possible registration obligations where the business is active. Budget both formation and recurring charges, plus any additional-state requirements.

2. Check the filing and service-of-process rules

Use the state directory to reach the responsible registry. You can file directly where the state provides that route, or choose optional assistance. Check the state's agent or registered-office rules before buying an address service. New York's statutory-agent system and Pennsylvania's registered-office rules differ from a blanket commercial-agent requirement. Our agent decision guide explains these distinctions.

3. Obtain the EIN through an eligible IRS route

The IRS does not charge an EIN application fee. Online eligibility depends on the IRS location and taxpayer-identification conditions, rather than citizenship alone. Our EIN without an SSN guide explains how to check Form SS-4, including the conditional line 7b exception and the international telephone route.

4. Evaluate banking separately

An approved LLC filing or EIN does not guarantee an account. Check the provider's supported countries, business activities, owner identification and physical-address requirements before paying for an address package. Use the business banking checklist to prepare an application.

5. Assess reporting before the first deadline

Determine the entity's tax classification and applicable state, federal and owner-country obligations. A foreign-owned U.S. disregarded entity generally has a Form 5472 obligation when it has a reportable related-party transaction, subject to the IRS exceptions. No sales does not necessarily mean no reportable transaction. Read the Form 5472 assessment and distinguish it from beneficial-ownership reporting.

Keep a practical formation file

Save the accepted state filing, EIN notice, ownership records, address and service contracts, transaction records and a calendar of the obligations identified for your business. The formation checklist organizes tasks; it does not determine every legal or tax duty.

Updated . Sources below checked for this revision.

Questions about this decision

Is forming a U.S. LLC the same as getting a bank account?

No. State formation, the IRS EIN application and a financial provider’s account review are separate processes. An LLC or EIN does not guarantee account approval.

Must a foreign founder buy a commercial registered-agent service?

Check the formation state’s rules. Paid assistance is one option, but agent eligibility, registered-office systems and statutory service-of-process arrangements vary by state.

Some links on this page are partner links. We may earn a commission — always labeled. For official filings you can use your state's .gov registry directly. This is general information, not legal or tax advice.

Put this into practice

Start with choosing a formation state and build a first-year and recurring cost budget.

After formation, distinguish BOI reporting from Form 5472 tax information reporting.