Guide
You do not need to live in the US, hold a visa, or have an SSN to own a US company. This is the complete, end-to-end path from choosing an entity to staying compliant.
Step 1 — Choose your entity
Most non-resident founders choose between an LLC and a C-Corporation. An LLC is the simplest structure with single-layer, pass-through taxation and minimal upkeep — a strong default for freelancers, agencies, e-commerce, and small software businesses.
A C-Corporation makes sense if you plan to raise money from US investors, who generally expect to invest in C-Corp stock. Note that the S-Corp election is usually not available to non-residents, so your practical choice is normally between a plain LLC and a C-Corp.
- LLC: simplest, pass-through, low maintenance — the common default
- C-Corp: expected if you will raise from US venture investors
- S-Corp election is generally not available to non-residents
- You can start as an LLC and convert to a C-Corp when you raise
Step 2 — Pick your state
Without a US operating base, the state is mostly about cost, privacy, and ease rather than tax avoidance. Wyoming and New Mexico are common low-fee, high-privacy choices for a remote LLC; Delaware is the standard if you are forming a C-Corp to raise venture capital.
Remember the "magic state" caveat: if you ever open a physical US location or hire in a specific state, you will likely need to register there too. For a purely remote company, a low-fee state keeps things simple.
- Remote and lean: Wyoming or New Mexico are common picks
- Raising venture money: Delaware C-Corp is the standard
- A physical US presence later can trigger a second registration
- Confirm current state fees before filing — they change yearly
Step 3 — File formation and appoint a registered agent
Formation is the filing with the state — Articles of Organization for an LLC, or a Certificate of Incorporation for a corporation. Every state also requires you to name a registered agent: a person or company with a physical in-state address to receive legal and government mail.
As a non-resident you almost certainly do not have a qualifying US address, so you use a registered agent service. This keeps the company in good standing and ensures you never miss a legal notice, wherever you are in the world.
- File the formation document with the Secretary of State
- Every state requires a registered agent with an in-state address
- Non-residents use a registered agent service to satisfy this
- A lapsed agent can put the company out of good standing
Step 4 — Get your EIN without an SSN
Your EIN is the company's federal tax ID, required to open a bank account, connect Stripe, and file taxes. You do not need an SSN or ITIN to get one. Because the IRS online tool is closed to non-SSN applicants, you file Form SS-4 by fax or mail, writing "Foreign" where an SSN would go.
Plan for roughly two to six weeks, and keep the resulting EIN confirmation letter (CP 575) safe — your bank and payment processors will ask for it.
- No SSN or ITIN required for a company EIN
- File Form SS-4 by fax or mail as a non-resident
- Timeline is commonly two to six weeks
- Store the CP 575 confirmation letter — banks request it
Step 5 — Open a US bank account
With your formation documents and EIN in hand, you can open a US business bank account. Several modern platforms — such as Mercury, Wise, and Relay — let many non-resident founders apply fully online without visiting a branch.
Approval is at each provider's discretion and is not guaranteed, especially for brand-new companies with no revenue. Having complete, consistent paperwork — formation documents, EIN letter, and a valid passport — maximizes your chances.
- Many fintech platforms support fully-online, non-resident applications
- Have formation documents, the EIN letter, and a passport ready
- Approval is at the provider's discretion — not guaranteed
- Consistent, complete paperwork avoids avoidable rejections
Step 6 — Understand Form 5472 and ongoing compliance
One rule that specifically catches foreign-owned businesses: a US LLC that is wholly owned by a non-resident and treated as a disregarded entity generally must file Form 5472 (with a pro-forma Form 1120) each year to report transactions with its foreign owner. The penalties for missing it are steep, so this filing is not optional even if the company owes no tax.
Beyond that, you keep the company alive with your state's annual report and any franchise tax, and by maintaining your registered agent. On the beneficial-ownership side, as of the March 2025 interim rule, US-formed entities are exempt from FinCEN BOI reporting — but rules have changed before, so it is worth tracking. This is general information, not tax advice; a cross-border accountant should confirm what applies to you.
- Foreign-owned single-member LLCs generally must file Form 5472 annually
- Form 5472 penalties are significant even with zero tax due
- Keep up state annual reports, franchise tax, and your registered agent
- US-formed entities are currently exempt from FinCEN BOI reporting
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