Any non-US resident can own a US entity outright — no SSN, ITIN, visa or US address required. The real decisions are the state, the structure, and getting the EIN and bank account right the first time.
The structure decision shapes everything after it — funding, tax, and how much ongoing compliance you're signing up for.
The default recommendation for solo founders, consultants, agencies and e-commerce sellers invoicing US clients — lowest ongoing cost and strongest privacy of the states non-residents actually use.
The institutional standard if you're raising from US venture capital. Not because it's better for a bootstrapped business — because VCs are set up to invest in it and nowhere else.
The cheapest ongoing option — $50 to file, no annual report, ever. Fewer banks and payment processors instantly recognise it, which is the trade-off against Wyoming.
The same sequence we run for every United States filing — so nothing depends on memory or luck.
Wyoming for most operating businesses; Delaware only if a US VC round is genuinely on the roadmap. This decision is hard to unwind cheaply later, so we make it before filing, not after.
Every US state requires a registered agent with a physical in-state address. This is a paid annual service for a non-resident — no way around it.
Filed with the Secretary of State. Wyoming and Delaware both offer standard processing (5–10 business days for Wyoming, up to 2 weeks for Delaware) and expedited options for a fee.
No SSN needed. As a non-US applicant, you fax Form SS-4 to the IRS (or call their international line) and write "Foreign" on line 7b. This step, not the state filing, is usually the bottleneck for non-residents.
Traditional banks (Chase, Bank of America) generally want an in-person visit. Fintech options built for this — Mercury, Wise Business, Relay — onboard non-resident-owned LLCs fully remotely with electronic ID verification.
The single most-missed obligation for a foreign-owned single-member LLC. It's due annually attached to a pro-forma Form 1120, and the penalty for missing it starts at $25,000 — regardless of whether the LLC earned a dollar.
2–3 weeks end to end for a Wyoming LLC with EIN and a fintech bank account. Delaware runs a little longer unless you pay for the 48-hour expedite option.
| Item | Typical cost | Notes |
|---|---|---|
| Wyoming LLC filing | $100 + $60/year | State filing fee plus the flat annual report; no franchise tax |
| Delaware LLC filing | $110 + $300/year franchise tax | Add roughly $800/year minimum if later converted to a C-Corp |
| New Mexico LLC filing | $50, $0 ongoing | Cheapest long-run option; trade-off is lower bank/processor recognition |
| Registered agent (any state) | $100 – $300/year | Mandatory in every state for a non-resident owner |
| EIN application | $0 (DIY) or bundled in formation service | Free direct from the IRS; formation services often bundle it into their fee |
| Realistic year-1 total | $400 – $1,500 | DIY end-to-end at the low end; full-service formation and EIN handling at the high end |
Registration is day one. This is what the calendar looks like after.
Since March 2025, US-registered companies — including Wyoming and Delaware LLCs owned by non-US persons — are exempt from federal Beneficial Ownership Information reporting to FinCEN under an interim final rule. There is currently no requirement to file BOI data; we track this rule for changes and flag it if it moves again.
A single-member LLC owned by a non-US person must file Form 5472 with a pro-forma Form 1120 every year the LLC exists — even with zero income or activity. This is separate from, and in addition to, any income tax return you might also owe.
If you form a C-Corp: 21% federal corporate tax on profits, plus 30% withholding on dividends paid to foreign shareholders unless reduced by treaty — 15% under the India-US DTAA for a 10%+ shareholder, 25% otherwise.
An LLC with no US-effectively-connected income and no US trade or business generally owes no US federal income tax — but you're still responsible for your own country's tax treatment of the income, and for the Form 5472 filing regardless.
No. Non-US applicants fax IRS Form SS-4 (or call the IRS international line) and mark line 7b "Foreign." It typically takes longer than the domestic online route, so build in a few extra days.
Wyoming, for the large majority of cases: lower ongoing cost, no franchise tax, and functionally identical liability protection for a business with no physical Delaware presence. Choose Delaware only if you're actively pursuing US VC funding.
Yes, through fintech business banking built for exactly this — Mercury, Wise Business, Relay — which onboard non-resident LLC owners remotely. Traditional brick-and-mortar banks typically still require an in-person visit.
The IRS penalty starts at $25,000 per year, minimum, and applies even if the LLC had zero income. It's the most common expensive mistake we see in foreign-owned US LLCs — we set a standing reminder for every client the moment the entity is formed.
Generally no federal income tax if there's no US-effectively-connected income, but you still owe the Form 5472 filing every year, and your home-country tax treatment of the LLC's income is a separate question we handle alongside the US side.