Non-US Founders

US LLC for Non-Residents in 2026: States, EIN, Banking and the New Rules

Updated September 2026.

You do not need to be a US citizen, hold a visa, or set foot in the country to own a US LLC. What you do need is a realistic view of four things: which state fits, how to get an EIN without an SSN, what banks actually require, and the federal filing that catches non-resident owners off guard.

Where the BOI rule stands 2026
Guides written before 2025 list FinCEN's Beneficial Ownership Information report as a required step. Under the interim final rule effective March 26, 2025, entities created in the United States and their beneficial owners are exempt from reporting BOI to FinCEN, and the rule turns on where the entity was formed rather than the owner's nationality. Foreign-formed entities registered into a US state can still have obligations. This is an interim rule that FinCEN has signalled it may revise, so confirm the current position on FinCEN's own page before you act on it.

Step 1: Choose a state

Residents usually form where they live. Without a US home state, the decision shifts toward cost, privacy and how familiar the state is to banks and payment providers. Three come up most often:

State	Filing fee	Ongoing	Commonly chosen when
Wyoming	$100	$60 min/yr	No state income tax, owners not listed on the formation record, widely recognised by banks.
New Mexico	$50	None	Lowest running cost of the three. Less familiar to some providers, which can mean extra questions at account opening.
Delaware	$110	$400/yr tax	Investors or counsel expect it. Delaware LLCs pay a $400 annual tax and file no annual report.

Nevada is often marketed to non-residents but carries materially higher initial and annual costs than the three above. And if the business will have real physical presence somewhere specific, staff, inventory, an office, that state's rules are likely to apply regardless of where you file, which is a question worth putting to a professional before choosing.

Step 2: Get an EIN without an SSN

The EIN is the company's federal tax ID, needed for banking and tax filings. The IRS online application requires an SSN or ITIN. Without one, the path is:

Complete Form SS-4. Where the form asks for the responsible party's SSN, ITIN or EIN, applicants without one generally write "Foreign".
Submit by fax or mail to the IRS unit that handles international applicants. International applicants may also apply by phone. Current instructions and numbers are on the IRS Form SS-4 page.
The EIN itself is issued at no charge. Processing times vary and have swung widely in recent years, so treat any specific turnaround you read as an estimate, including ours.

You do not need an ITIN in order to obtain an EIN or to own the LLC. Whether you eventually need one is a separate question that depends on your own filing obligations.

Step 3: Banking

Several US fintech providers open business accounts for non-resident owners of US companies, and this is how most location-independent founders bank today. What we will not do is promise you approval: each provider maintains its own eligibility criteria, excluded-country lists and documentation requirements, and these change. Check the provider's current policy for your country of residence before you form the company, because that is the step that is hard to undo. Traditional branch banks generally still expect an in-person visit.

Step 4: Form 5472, the filing that catches people out

A US LLC wholly owned by one non-US person is a foreign-owned disregarded entity, and for this purpose it is treated as a corporation required to file Form 5472 together with a pro forma Form 1120.

The obligation is triggered by having a reportable transaction with a related party during the tax year, not by earning revenue. Reportable transactions are defined broadly and include money moving between you and the company, such as capital contributions and distributions, which is why an LLC with no customers and no sales can still owe the filing. The IRS instructions set out the categories, the related-party definitions and the exceptions in detail.

Penalties for failing to file are substantial and apply per form, per year. Because the definitions do real work here, this is the one item on the list where we would push you to get a cross-border tax professional to confirm your position rather than rely on a general guide.

Step-by-step filing details, fax number and deadline: Form 5472 for a foreign-owned LLC with no revenue.

Will I owe US tax?

It depends primarily on whether your income is effectively connected with a US trade or business, which turns on facts like where the work is performed and whether you have people or property in the US, rather than on where your customers happen to live. Tax treaties between the US and your country can change the answer. Anyone giving you a confident yes or no without knowing your facts is guessing.

The EIN: exact routes and the IRS's own turnaround figures

These come from the IRS instructions for Form SS-4. They change, so check the page before you send anything.

Route	Who can use it	Turnaround the IRS states
Online at irs.gov	Only if the LLC's legal residence or principal place of business is in the US and the responsible party has an SSN or ITIN. One EIN per responsible party per day.	Immediate
Phone: 267-941-1099 (not toll-free), 6:00 a.m. to 11:00 p.m. Eastern, Monday to Friday	International applicants only	Issued on the call if the agent can verify everything
Fax: 855-215-1627 from inside the US, 304-707-9471 from outside	Anyone filing Form SS-4	About 4 business days
Mail: Internal Revenue Service, Attn: EIN International Operation, Cincinnati, OH 45999	Anyone filing Form SS-4	About 4 weeks

On line 7b, the IRS instructs an applicant who does not have and is not eligible for an SSN or ITIN to enter "foreign" or N/A.
A registered agent's address is not your principal place of business. Using it to claim online eligibility is a false statement on a federal form; use fax or phone instead.
Real-world turnaround has been longer than the stated figures during IRS backlogs. Start the EIN the day the LLC is approved.

What year one costs from abroad

State	Year one	Each year after	Notes
Wyoming	$100 filing + $100–$200 agent = $200–$300	$160–$260	Annual report due the first day of your anniversary month
New Mexico	$50 filing + agent = $150–$250	$100–$200	No annual report; the agent is the only recurring state-side cost
Delaware	$110 filing + agent = $210–$310, then $400 tax the following June 1	$500–$600	Tax accrues until you file a Certificate of Cancellation

Add the items every state shares: the EIN is free; a US business account is typically $0 to $30 a month; a US mailing address is optional at roughly $10 to $30 a month; and budget for a professional to prepare Form 5472 and the pro forma 1120, which is not a do-it-yourself form for most owners.

A realistic timeline

Formation: same day in Wyoming online, a few business days in New Mexico, two to three weeks in Delaware at the standard speed.
EIN: same day by phone if you get through, about 4 business days by fax, about 4 weeks by mail, plus any backlog.
Bank or fintech account: one to three weeks of review after you submit the formation documents, EIN letter, operating agreement and identity documents.
Total: two to six weeks from filing to a working account is typical. Delaware and mail-in EINs push it toward the long end.

Mistakes we see most from non-resident founders

Paying $200 to $400 for an EIN that the IRS issues free.
Choosing Delaware "because startups do". Venture investors want a Delaware corporation, not an LLC, and you pay $400 a year for the name.
Using the registered agent's address as the principal place of business on the online EIN application.
Not filing Form 5472. The penalty is $25,000 per form per year under IRC section 6038A, with further penalties for continued failure, and it applies even to an LLC with no revenue.
Letting the registered agent lapse and never seeing the state's dissolution notice.
Selling physical goods to US customers without checking sales tax nexus. Most states require registration once sales into that state pass an economic threshold, commonly $100,000 a year.
Assuming a US LLC changes your tax at home. It does not; your own country taxes you on your worldwide income under its rules and any treaty.

A realistic checklist

Confirm your bank or payment provider serves your country of residence
Choose the state and appoint a registered agent there
File the formation documents
Apply for the EIN on Form SS-4 by fax, mail or phone
Open the business account
Calendar the state's ongoing filing, if it has one
Establish your Form 5472 position with a professional, before year end

Frequently asked questions

Can I open a US LLC without living in the US?

Yes. There is no citizenship or residency requirement to own a US LLC. You do need a registered agent with a physical address in your formation state. Most of the process can be completed remotely, though individual banks and providers set their own requirements.

Do non-residents need an SSN or ITIN to get an EIN?

No. The IRS online EIN application requires an SSN or ITIN, but applicants without one can apply on Form SS-4 by fax or mail, and international applicants may also apply by phone. Processing times vary considerably, so start early rather than assuming a fixed turnaround.

Does a foreign-owned US LLC file the BOI report in 2026?

Under FinCEN's March 2025 interim final rule, entities created in the United States, including those with foreign owners, are exempt from reporting beneficial ownership information to FinCEN. Foreign-formed entities registered to do business in a US state can still have obligations. It remains an interim rule, so confirm FinCEN's current position before relying on it.

What is Form 5472 and does my LLC have to file it?

A foreign-owned US disregarded entity is treated as a corporation for this purpose and must file Form 5472 with a pro forma Form 1120 for any tax year in which it had a reportable transaction with a related party. Reportable transactions are defined broadly and include items such as contributions and distributions between the owner and the LLC, so an LLC with no sales can still have a filing obligation. The instructions set out the categories and the exceptions, and the penalties for failing to file are substantial. Have a cross-border tax professional confirm your position rather than assuming no revenue means no filing.

Can I use the IRS online EIN tool with my registered agent's US address?

No. The online tool requires the LLC's legal residence or principal place of business to be in the US and a responsible party with an SSN or ITIN. A registered agent address is neither. Apply on Form SS-4 by fax, or by phone at 267-941-1099 as an international applicant.

What is the penalty for not filing Form 5472?

$25,000 per form per year under IRC section 6038A, with additional penalties if the failure continues after IRS notice. The filing is required whenever a foreign-owned single-member LLC has a reportable transaction with its owner, including capital contributions and distributions, even with no revenue.

How long does it take to set up a US LLC from abroad?

Typically two to six weeks from filing to a working bank account: formation is same-day to three weeks depending on the state, the EIN takes from one day by phone to about four weeks by mail, and account review takes one to three weeks.

Sources

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Updated September 2026. Regulations, IRS processing and provider policies change; confirm current rules before acting. General information only, not legal or tax advice.