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OpenMyUS LLC

Most founders outside the United States want an American company for a practical reason: to get paid by international clients through Stripe, a US bank account and USD invoices. This guide walks through the whole path, from choosing a state to receiving your first payment, and explains what you can realistically expect as a non-resident: what it costs, how long it takes and which obligations come with it.

Short answer: yes, you can form a US LLC without living in the US, without US citizenship and without a Social Security Number (SSN). You need a valid passport, a home address, a clear business description and a registered agent in the state where you form. The whole process is done remotely.

Who this guide is for

  • Freelancers and consultants who invoice clients in the US, EU or elsewhere.
  • Agencies selling design, development, marketing or other services internationally.
  • SaaS founders and creators selling software, courses or digital products online.
  • E-commerce sellers who need a US entity for platforms or payment providers.

If you only work for clients in your own country, a US company probably adds cost and paperwork without much benefit. Local registration is often the simpler choice.

Can a non-US resident really own a US company?

Yes. US states do not require LLC owners (called “members”) to be citizens or residents. Thousands of foreign founders form companies in states like Wyoming and Delaware every year. What the state does require is a registered agent: a person or company with a physical address in that state who can receive official legal and government mail for your LLC. Non-residents normally use a professional registered agent service.

Owning a US company does not give you the right to live or work in the United States. It is a legal entity for doing business, not an immigration route. You run the company from wherever you live.

LLC or corporation?

For one owner selling services or digital products, the usual choice is a single-member LLC. It is simple to run, it has no minimum capital, and it keeps business and personal liabilities separate.

Single-member LLCC-corporation
Typical useFreelancers, agencies, small SaaS, e-commerceStartups raising venture capital
Federal tax treatment (foreign owner)Disregarded entity; information return (Form 5472 + pro forma 1120)Pays US corporate income tax on its profits
Admin effortLowHigher (board, shares, corporate records)
Investor friendlyLimitedYes, especially in Delaware

If you plan to raise investment or issue shares to several partners, discuss the structure with a lawyer before you file. For everyone else, a single-member LLC is usually the right starting point.

Which state should you choose?

You do not have to form in the state where your customers are, and as a non-resident you have no “home state”. Most non-residents choose between two states:

  • Wyoming: $100 state filing fee, an annual report with a license tax of $60 for most small LLCs, no state income tax, simple upkeep. This is our default recommendation for single-owner businesses.
  • Delaware: well known to investors and lawyers, but more expensive to maintain: the annual LLC tax is now $400, due every June 1 (it rose from $300 under Delaware’s House Bill 400 in 2026).

Banks and Stripe do not prefer one of these states over the other. For a detailed comparison, read Wyoming vs Delaware LLC.

The steps, in order

1. Case review

Before filing anything, get clear on four things: what you sell, where your customers are, how you want to be paid, and where you are tax resident. These answers decide the state, the structure and which banks or payment providers are realistic for you. This is what our free consultation covers.

2. Company name

Your LLC name must be unique in the state and must end with “LLC”, “L.L.C.” or “Limited Liability Company”. Choose a name that matches your brand and website. Banks and Stripe compare the company name on your documents with the name on your site, so consistency matters from day one.

3. Registered agent and address

Every LLC must appoint a registered agent in its state. The agent’s address appears in public records and receives official mail. Many founders also use a separate business mailing address for bank and platform correspondence. Both services are included for the first year in our packages.

4. Filing the Articles of Organization

The Articles of Organization is the document that creates your LLC. In Wyoming it is filed with the Secretary of State, and approval usually takes a few business days. Once approved you receive the filed Articles, which are your proof that the company exists.

5. Operating Agreement

An Operating Agreement sets out who owns the LLC and how it is run. Wyoming does not require you to file it with the state, but banks and payment providers often ask for it, and it helps show that the company is a separate legal entity. We prepare it as part of your formation documents.

6. EIN (the company’s US tax ID)

The EIN (Employer Identification Number) is issued by the IRS for free. You need it to open a bank account, apply to Stripe and file tax forms. Without an SSN you cannot use the IRS online application, so non-residents apply by phone, fax or mail using Form SS-4. The full process is explained in EIN without an SSN.

7. Business bank account

With the Articles, EIN and your passport you can apply for a business account with a US bank or a fintech that accepts non-resident owners. Each provider has its own rules on eligible countries and business types, and those rules change, so we check current options for your case rather than promising a specific bank. Expect identity checks and questions about your business model and expected transaction volumes.

8. Stripe and payment platforms

Once your LLC, EIN, bank account and website are consistent, you can apply to Stripe as a US business. Stripe accepts non-US representatives: without an SSN or ITIN, it asks for your local tax ID and documents confirming you are not a US taxpayer. Read Stripe for non-US residents for a full checklist.

9. Yearly obligations

After formation, put two recurring deadlines in your calendar: the state annual report (in Wyoming, due in the month you formed the company) and the federal filing, Form 5472 with a pro forma Form 1120, due with the Form 1120 deadline (normally April 15 for calendar-year companies, or later with an extension).

What you need to prepare

  • A valid passport (the name must match on every form).
  • Your residential address outside the US.
  • An email address and phone number you check regularly.
  • Two or three company name options.
  • A one- or two-sentence description of what the business does.
  • For banks and Stripe later: a working website with your offer, prices, policies and contact details.

How long does it take?

StageTypical time
Consultation and document preparation1–3 days, depending on how quickly you reply
Wyoming filingUsually a few business days
EIN without an SSNOften same day by phone; generally about 4 business days by fax; about 4 weeks by mail
Bank accountFrom a few days to a few weeks, depending on the provider
StripeOften days once everything is consistent; some accounts get extra review

A realistic timeline from first conversation to first payment is two to six weeks. IRS delays, extra bank verification or an incomplete website are the usual reasons it takes longer.

What does it cost?

Year one in Wyoming is the $100 state fee plus registered agent and address services, and any help you pay for. The EIN is free from the IRS. From year two, budget for the annual report (usually $60), agent and address renewal, and Form 5472 preparation if you do not file it yourself. See the full breakdown in US LLC costs by year.

Taxes: what non-residents should understand

This is where most misunderstandings happen, so here are the basics, stated carefully:

  • No state income tax in Wyoming. The state does not tax your LLC’s income.
  • A federal filing is still required. A single-member LLC owned by a foreign person is a “disregarded entity”, but it must file Form 5472 with a pro forma Form 1120 every year, even with no income. The IRS penalty for not filing is $25,000, and it can grow if the failure continues after IRS notice.
  • US federal income tax generally depends on whether the business has income “effectively connected” with a US trade or business. Many non-resident service businesses with no US office, staff or dependent agents do not, but this is a case-by-case question for a tax adviser.
  • Your home country still matters. Where you live and are tax resident usually decides where the profit is taxed. A US LLC is not automatically “tax free”. Speak to a local accountant before you start invoicing.
  • BOI reporting: FinCEN has permanently exempted companies created in the United States from beneficial ownership (BOI) reporting. A US LLC you form in Wyoming or Delaware does not file a BOI report.

Common mistakes to avoid

  1. Applying to Stripe before the website is ready. A missing offer, prices, policies or contact details is one of the most common reasons for extra review.
  2. Inconsistent names. Your name must match your passport, and the company name must match across the Articles, EIN letter, bank and website.
  3. Skipping Form 5472 because the company had no income. The filing is required anyway, and the penalty is severe.
  4. Missing the state annual report. The company can lose good standing and eventually be dissolved by the state.
  5. Choosing Delaware without a reason. For a single-owner business it usually just costs more each year.
  6. Assuming zero tax at home. Your tax residency still applies.
  7. Using a vague business description such as “services” or “consulting” on the SS-4 and bank applications.

Frequently asked questions

Do I need to travel to the US?

No. Formation, the EIN and most bank and Stripe applications are handled remotely.

Do I need an SSN or ITIN?

No. The LLC gets its own EIN. On Form SS-4 a foreign owner who is not eligible for an SSN or ITIN enters “Foreign” or “N/A”, and the application is made by phone, fax or mail instead of online.

Can I have a partner as co-owner?

Yes, but a multi-member LLC is taxed as a partnership by default and has different federal filings. Tell us at the start so we plan the right structure.

Can I use my home address as the company address?

Your foreign address is used for you as the owner. The LLC itself needs a registered agent address in its state, and most founders also use a US business address for correspondence.

Will the bank or Stripe definitely approve me?

No one can guarantee that. Approval depends on your country, business type and how well your application is prepared. Good preparation greatly improves your chances.

What it costs with our help

Basic ($249) covers Wyoming filing, the state fee, the first year of registered agent and business address, EIN application preparation and your formation documents. Pro ($400) adds guided bank and Stripe applications, a website review and 12 months of deadline reminders. Premium ($699) adds Form 1120 + 5472 preparation within an agreed scope. Compare packages.

Not sure what you need? Book a free consultation and get an honest assessment of your case before you commit to anything.

This is a general information guide, not legal or tax advice. Rules change; consult a qualified adviser about your specific situation. Last reviewed: September 2026.

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OpenMyUSLLC is operated by BlackBird Solutions LLC.