Non-US Founders

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

Updated July 2026.

You do not need to be a US citizen, hold a visa, or ever set foot in the country to own a US LLC. What you do need is to pick the right state, get an EIN the non-resident way, avoid one $25,000 tax trap, and know which rules changed recently, because 2026 looks meaningfully different from the guides written two years ago.

Step 1: Pick your state (it's a shorter list for you)

Residents usually should form at home. You don't have a home state, so you optimize for cost, privacy and simplicity, which narrows it to three:

State	Form	Ongoing	Why non-residents pick it
Wyoming	$100	$60/yr min	The default. No state income tax, owners stay off public record, banks know it well.
New Mexico	$50	$0	Cheapest option alive: no annual report, no annual fee, private ownership. Less familiar to some banks.
Delaware	$110	$300/yr	Only if you're raising US venture capital or investors demand it. Otherwise you're paying 5x Wyoming for prestige.

Skip Nevada ($425 up front, $350 every year) unless you have a specific reason. And if your business will have real physical operations in a particular state, employees, a warehouse, an office, form there instead; the "best state" logic only applies to location-independent businesses.

Step 2: Get your EIN without an SSN

The EIN is your company's federal tax ID, you need it for banking, Stripe, PayPal and taxes. The IRS online tool requires an SSN or ITIN, which you don't have. The non-resident path:

1. Fill out Form SS-4. On line 7b, where it asks for the responsible party's SSN/ITIN, write "Foreign".
2. Fax it to the IRS international EIN line (faster: typically days to a few weeks), or mail it (slower: often 6+ weeks). There is also a phone option for international applicants.
3. The EIN itself is free. Services charge $50-$250 to do this paperwork; paying purely for speed and convenience is legitimate, paying because you think it's required is not.

You do not need an ITIN to get an EIN or to own the LLC. You may eventually want one for tax-treaty or personal filing reasons, that's a separate, later decision.

Step 3: Open a US business bank account remotely

This used to be the hard part; fintech solved it. With your formation documents and EIN, non-residents from most countries can open US business accounts fully online with providers like Mercury, Wise Business or Relay (each has its own excluded-country list, check yours before forming). A traditional bank like Chase still generally wants you at a branch in person. Two practical notes: apply with your real business description, vague applications get rejected, and expect the approval to take days, not minutes.

Step 4: Don't step on the $25,000 rake (Form 5472)

The most expensive mistake in this entire process. A US LLC that is 100% owned by one non-US person is a "foreign-owned disregarded entity", and it must file IRS Form 5472 (attached to a pro forma Form 1120) every year, reporting transactions between you and the company. Even with zero revenue. Even if the LLC just sat there. The starting penalty for not filing is $25,000. Deadline: April 15 (extendable). Whatever you save on formation, spend on an accountant who has actually filed 5472s for non-residents.

Will I owe US taxes?

The honest answer: it depends on whether your income is "effectively connected" with a US trade or business, which turns on facts like whether you have people or operations physically in the US, not on where your customers are. Many non-resident founders selling services or software from abroad owe no US federal income tax; many e-commerce setups are murkier. This is exactly the question to put to a cross-border tax professional before you rely on it, and tax treaties between the US and your country can change the answer too.

Your 2026 checklist

1. Choose state (Wyoming default, New Mexico for minimum cost, Delaware for VC)
2. Hire a registered agent in that state (required, you have no US address)
3. File the formation documents
4. SS-4 by fax → EIN, free
5. Open a fintech business account remotely
6. Calendar Form 5472 for every April, and the state's annual report if it has one
7. BOI report: nothing to file 2026

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 need a registered agent with a US address in your formation state, but you never need to visit the US to form the company, get an EIN or, with the right providers, open a business bank account.

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

No. You apply with IRS Form SS-4, writing 'Foreign' on line 7b instead of an SSN, and submit by fax or mail (the online tool requires an SSN/ITIN). Fax responses typically take a few business days to a few weeks; mail takes longer. You do not need an ITIN just to get an EIN.

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

No. Under FinCEN's March 2025 interim rule, still in effect in 2026, all US-formed entities are exempt from federal beneficial ownership reporting, regardless of who owns them. The rule turns on where the company was formed, not the owner's nationality. Only foreign-formed companies registered to do business in a US state still file.

What is Form 5472 and do I need it?

If you are a non-US person who owns 100% of a US LLC (a foreign-owned single-member disregarded entity), you must file IRS Form 5472 attached to a pro forma Form 1120 every year, even with zero US income. The penalty for missing it starts at $25,000, this is the single most expensive mistake non-resident founders make.

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