US Company Formation with Bank Account for Non-Residents (2026 Guide)
Updated: September 2026. Reviewed by Privacy Solutions Legal & Compliance Team.
Table of Contents
- Who This Guide Is For
- What Is a US LLC and Why Non-Residents Use It
- Best States: Delaware vs Wyoming vs Nevada
- Step-by-Step LLC Formation for Non-Residents
- US Bank Account for Your Non-Resident LLC
- Costs and Fees Explained
- US Tax for Non-Resident LLC Owners
- Ongoing Compliance and Annual Obligations
- Common Mistakes Non-Residents Make
- Frequently Asked Questions
- Authoritative Sources
Who This Guide Is For
This guide is written for anyone outside the United States who wants to form a US limited liability company (LLC) and open a US business bank account — without US citizenship, a US Social Security Number, or a trip to America.
It is built for:
- Ecommerce sellers who want to sell on Amazon, Shopify, or Etsy with a US entity and US payment rails
- Freelancers and consultants who invoice US clients and need Stripe or PayPal business accounts
- SaaS founders and agencies seeking US credibility, a US business address, and access to US payment processors
- Investors who want a US vehicle to hold US assets, real estate, or securities
- Non-resident founders comparing Delaware, Wyoming, and Nevada before they choose
If you already know which state you want, jump to the step-by-step formation section. If you are unsure whether a US LLC is the right structure at all, read the next section first.
What Is a US LLC and Why Non-Residents Use It
A limited liability company (LLC) is a US business entity that combines the liability protection of a corporation with the tax simplicity of a partnership. For a non-resident, an LLC is usually the most practical US entity because it is cheap to form, easy to run, and — critically — has no residency or citizenship requirements.
Three things make the US LLC attractive to foreign owners:
- 100% foreign ownership is allowed. There is no requirement for a US citizen, US resident, or US partner. You can own the entire company yourself, from abroad.
- Pass-through taxation. By default a single-member LLC is a “disregarded entity” for US federal tax purposes — the company itself pays no federal income tax. Income flows through to you, the owner, and is taxed only if and to the extent US tax rules apply to your specific income (covered in the tax section).
- Access to US financial infrastructure. A US LLC with a US Employer Identification Number (EIN) can open US business bank accounts, use Stripe and PayPal Business, and accept ACH and card payments — tools that are hard to access as a purely foreign entity.
What an LLC does not give you: a US visa, US work authorization, or US tax residency. Forming an LLC is a business act, not an immigration one, and it does not by itself make you subject to US tax on your worldwide income.
Best States: Delaware vs Wyoming vs Nevada
Three states dominate non-resident LLC formation: Delaware, Wyoming, and Nevada. All three have no state income tax on LLC profits, allow fully remote formation, and keep owner information private. They differ on cost, annual obligations, and who they suit best.
Factor |
Delaware |
Wyoming |
Nevada |
State filing fee |
$90 (Certificate of Formation) |
$100–$150 (Articles of Organization) |
$425+ (Articles + State Business License + initial list) |
Annual cost |
$300 franchise tax (flat minimum for LLCs) |
$60 annual report |
$350 (business license + annual list) |
State income tax |
None (LLC pays franchise tax, not income tax) |
None |
None |
Owner privacy |
High — members and managers are not listed on the public filing |
Highest — only the organizer and registered agent appear publicly |
High — members and managers are not listed publicly |
Formation speed |
1 business day (online) |
1–3 business days |
1–7 business days |
Best for |
Startups, investors, venture capital |
Low-cost, privacy, ecommerce |
Asset protection, regulated or high-liability businesses |
Delaware — the investor default
Delaware is the dominant choice for startups and anything that might raise venture capital, because its Court of Chancery and settled corporate law are what investors and acquirers expect. The trade-off is a $300 annual franchise tax that applies even to an LLC with no income, and annual compliance you must not miss. For a non-resident running a small ecommerce or consulting business, Delaware's prestige often costs more than it is worth — but if investors are on your roadmap, it is the safe default.
Wyoming — the best default for most non-residents
Wyoming offers the strongest combination of low cost, privacy, and asset protection. There is no state income tax and no franchise tax, the annual report is only $60, and member and manager names are not placed on the public record. Wyoming's “charging order” protection also shields the LLC from creditors of a member more strongly than most states. For a non-resident who wants a lean, private, low-maintenance US entity, Wyoming is usually the right first choice. See our full Wyoming LLC guide for the deep detail.
Nevada — strong laws, higher cost
Nevada has no state income tax and very strong corporate law and privacy, and it is the only major state that does not share information with the IRS under a standing agreement. The trade-off is the highest upfront cost (about $425+ to form and $350 a year) and a slower formation window. Nevada suits businesses with meaningful liability exposure or owners who want the extra legal insulation, but it is overkill for a simple online store.
Step-by-Step LLC Formation for Non-Residents
The entire process is done remotely. Here is the full sequence, in the order it actually happens.
Step 1: Choose your state and company name
Pick the state based on the comparison above, then check your preferred name is available on that state’s Secretary of State website. The name must include a designator such as “LLC” or “Limited Liability Company” and must not be confusingly similar to an existing name.
Step 2: Appoint a registered agent
Every US LLC must maintain a registered agent — a person or company with a physical address in the state, available during business hours to receive legal documents and official mail. A commercial registered agent typically costs $300–$400 per year and is how a non-resident satisfies the address requirement without living in the US.
Step 3: File your formation documents
File the Articles of Organization (Wyoming, Nevada) or Certificate of Formation (Delaware) online through the state’s filing system. Processing is typically 1–3 business days, and you receive the certificate that confirms the LLC exists.
Step 4: Draft an Operating Agreement
The Operating Agreement is an internal document that sets out ownership percentages, management structure, and how decisions are made. No state requires you to file it, but banks routinely ask to see it when you open an account, and it is essential for protecting limited liability — especially for a multi-member LLC.
Step 5: Obtain an EIN from the IRS
The Employer Identification Number (EIN) is the LLC’s tax ID and is required for banking, payments, and tax filings. It is free. Non-residents without a US Social Security Number apply by submitting Form SS-4 by fax to the IRS (processing 4–6 weeks), or faster through a third-party responsible party. You do not need an SSN or ITIN to get an EIN.
Step 6: Open a US bank account
With your formation certificate, EIN, and Operating Agreement, you can open a business account — remotely through fintechs, or in person at a traditional bank. This step is covered in detail in the next section.
Step 7: Obtain a US mailing address (optional but useful)
A virtual US business address gives you a US address for bank correspondence, payment processors, and client-facing credibility. It is not the same as the registered agent address — the registered agent only receives official legal mail.
Step 8: Comply with any licensing and the first filings
Most non-resident LLCs need no special license, but confirm for your activity. Your first compliance milestone is the state’s annual report or franchise tax and, where it applies, Form 5472 — both covered in the compliance section.
US Bank Account for Your Non-Resident LLC
Opening the bank account is the step that most often goes wrong, so it deserves its own section. You have two realistic routes: fintech/business-banking platforms (fully remote) and traditional US banks (usually in person).
Route 1: Fintech and online business accounts (remote)
Several platforms open US business accounts for foreign-owned LLCs entirely online, using your passport and formation documents. These include Mercury, Wise Business, and Relay, among others. They typically offer a US routing and account number, ACH and wire support, and cards. This is the fastest path — often days rather than weeks — and is the right default for ecommerce, SaaS, and consulting businesses that do not need a physical branch.
Route 2: Traditional US banks (in person)
Banks such as Chase, Bank of America, and Wells Fargo generally require the LLC owner to appear in person at a US branch for identity verification. If you are already planning a US visit, this can give you a full-service account with branch access, but it is not practical for most remote founders and it is slower.
What you will be asked for (both routes)
- Certificate of Formation / Articles of Organization
- EIN confirmation letter (Form CP 575) from the IRS
- Operating Agreement
- Valid passport for every beneficial owner
- Proof of non-US residential address
- A short description of the business and expected transaction volumes
Realistic timeline
Fintech accounts typically open in a few days to two weeks. Traditional bank accounts, once you appear in person, take one to three weeks. Expect the bank to ask follow-up questions about your business model and source of funds — a clear, coherent answer speeds everything up.
If your LLC is formed in Delaware, read our dedicated Delaware company bank account guide for bank-by-bank detail. For the wider picture on banking as a non-resident, see the bank accounts hub.
Costs and Fees Explained
Budget for two figures: what it costs in year one, and what it costs every year after. The table below covers the components for a straightforward single-member LLC.
Expense |
Typical amount |
State filing fee |
$90 (Delaware), $100–$150 (Wyoming), $425+ (Nevada) |
Registered agent |
$300–$400 per year |
Operating Agreement |
Included with most formation services |
EIN application |
Free (IRS) |
Bank account setup |
Free (fintechs) or varies (traditional banks) |
Annual report / franchise tax |
$60 (Wyoming), $300 (Delaware), $350 (Nevada) |
Professional formation service |
$400–$900 one-time |
In practice, a Wyoming LLC can be formed and operational for roughly $100–$150 in state fees plus about $300–$400 for a registered agent, and costs around $60–$460 per year thereafter depending on whether you keep the registered agent and add accounting. A Delaware LLC costs a little more up front and a minimum of $300 every year in franchise tax regardless of activity.
US Tax for Non-Resident LLC Owners
This is the section where non-residents most often make costly assumptions. The short version: a US LLC is tax-transparent by default, but you still have US filing obligations.
How the LLC is taxed
A single-member LLC owned by a non-resident is a disregarded entity for US federal income tax — it files no corporate return and pays no federal income tax itself. A multi-member LLC is treated as a partnership. In both cases the income is reported by the owners, not the LLC.
What you are taxed on
As a non-resident owner, you are subject to US federal tax on two kinds of income:
- Effectively Connected Income (ECI) — income from operating a US trade or business. If you have ECI, you file Form 1040-NR and pay tax at graduated rates.
- FDAP income — US-source fixed, determinable, annual, or periodic income (interest, dividends, rents, royalties). This is generally subject to withholding at a flat rate (often 30%) unless a tax treaty reduces it.
Income that is neither ECI nor US-source FDAP — for example, a non-resident’s consulting income earned entirely from foreign clients, with no US presence — is generally not subject to US federal tax. But the filing obligations below still apply.
Form 5472 — the filing most non-residents miss
Every US LLC that is 25% or more foreign-owned must file Form 5472 each year to report transactions between the LLC and its foreign owner, even if there are no transactions and no income. The penalty for failing to file is $25,000 per form, per year — the single most expensive and most common mistake non-resident LLC owners make. This filing is not optional and is not waived for zero activity.
State tax
Delaware, Wyoming, and Nevada impose no state income tax on LLC profits. Delaware instead charges the flat $300 annual franchise tax; Wyoming and Nevada charge only their modest annual report/license fees. If you operate physically in another state, that state’s rules can apply — but a purely remote non-resident LLC generally has no state income tax exposure.
This is a summary, not advice. Your home country’s rules, any US tax treaty, and your specific facts determine what you actually owe. Confirm with a qualified cross-border tax professional before relying on the above.
Ongoing Compliance and Annual Obligations
- Annual report (Wyoming) or annual list (Nevada) — a short filing confirming the LLC’s details are current, due each year on the anniversary month (Wyoming) or by a fixed date (Nevada).
- Delaware franchise tax — $300 minimum, due by June 1 each year for LLCs.
- Registered agent — keep it current; a lapsed agent can lead to your LLC being administratively dissolved.
- Form 5472 — if the LLC is foreign-owned, file annually with the IRS (see the tax section).
- BOI / Corporate Transparency Act — following the FinCEN final rule of August 2026, US companies, including foreign-owned LLCs, are exempt from beneficial ownership reporting. Foreign reporting companies (non-US entities registered to do business in the US) still file. Verify the current status at fincen.gov/boi before relying on this.
Missing any of these triggers late penalties and, in time, administrative dissolution or strike-off. Most can be handled by your registered agent or formation service for a small fee.
Common Mistakes Non-Residents Make
- Skipping Form 5472. The $25,000-per-year penalty is the costliest and most avoidable error. If your LLC is foreign-owned, this filing is mandatory every year.
- Assuming “no US tax” means “no filing.” Even with zero US-taxable income, a foreign-owned LLC still has filing obligations. No income does not equal no paperwork.
- Choosing Delaware out of habit. Delaware is right for investors and VC, but its $300 annual franchise tax is wasted on a small ecommerce or consulting LLC that would be better served in Wyoming.
- Using the registered agent’s address as your business address. The registered agent only receives legal mail. Use a separate virtual address for banking and client correspondence.
- Opening the bank account last. Banking is the slowest, most unpredictable step. Start it in parallel with formation, not after everything else is “done.”
- Not keeping an Operating Agreement. Even a single-member LLC should have one; banks ask for it, and it supports the liability shield.
- Confusing an LLC with a visa or tax residency. An LLC grants neither. It is a business structure, nothing more.
Frequently Asked Questions
Can a non-resident own a US LLC?
Yes. US law places no citizenship or residency requirement on LLC owners, and a non-resident may own 100% of the company with no US partner or director. You will need a registered agent with a US address in the formation state, but you do not need to live in the US or visit.
Do I need to visit the US to form a US LLC?
No. Formation is done entirely online, and documents are filed electronically with the state. The one step that may require a visit is opening an account at a traditional US bank; fintech business accounts can be opened remotely.
Do I need a US Social Security Number to form an LLC or open a bank account?
No. You need an EIN, which the IRS issues to non-residents without an SSN or ITIN. You apply with Form SS-4 by fax (4–6 weeks) or through a responsible party. The EIN, not an SSN, is what banks and payment processors require.
Which state is best for a non-resident LLC?
Wyoming is usually the best default: no state income tax, no franchise tax, a $60 annual report, and the strongest owner privacy. Delaware is the right choice if you plan to raise venture capital or court US investors. Nevada suits high-liability or regulated businesses that want the extra legal insulation.
How much does it cost to form and maintain a US LLC?
Formation costs about $90–$150 in state fees plus $300–$400 a year for a registered agent (and, optionally, $400–$900 for a formation service). Annual maintenance runs about $60 (Wyoming), $300 (Delaware), or $350 (Nevada), plus the registered agent and any accounting you choose.
Can a non-resident open a US bank account remotely?
Yes, through fintech platforms such as Mercury, Wise Business, and Relay, which open US business accounts for foreign-owned LLCs online with your passport and formation documents. Traditional banks such as Chase or Bank of America generally require an in-person visit.
Will I owe US taxes as a non-resident LLC owner?
Only on income that is effectively connected with a US trade or business, or US-source FDAP income (interest, dividends, rents, royalties). Foreign-sourced income from a business with no US presence is generally not US-taxed. You may still owe tax in your home country.
What is Form 5472 and do I need to file it?
Form 5472 reports transactions between a foreign-owned US LLC and its foreign owner. Every LLC that is 25% or more foreign-owned must file it annually, even with no income and no transactions. The penalty for not filing is $25,000 per form, per year.
Do I need to file a FinCEN BOI report for my US LLC?
No. Following the FinCEN final rule of August 2026, US companies — including foreign-owned LLCs — are exempt from beneficial ownership information reporting. Foreign reporting companies (non-US entities registered in the US) still file. Confirm current status at fincen.gov/boi.
How long does LLC formation take?
The LLC itself is formed in 1–3 business days in Delaware and Wyoming, and up to 7 days in Nevada. The EIN adds 4–6 weeks if applied for by fax, and bank account opening adds a few days to a few weeks. Budget roughly 2–8 weeks to be fully operational.
Authoritative Sources
IRS – Employer Identification Number (EIN)
- URL: https://www.irs.gov/businesses/small-businesses-self-employed/employer-id-numbers
- Use for: EIN application procedures for non-residents
IRS – Form 5472
- URL: https://www.irs.gov/forms-pubs/about-form-5472
- Use for: reporting obligations of foreign-owned US corporations and LLCs
IRS – Taxation of Nonresident Aliens
- URL: https://www.irs.gov/individuals/international-taxpayers/taxation-of-nonresident-aliens
- Use for: ECI and FDAP income rules
FinCEN – Beneficial Ownership Information
- URL: https://www.fincen.gov/boi
- Use for: current BOI exemption status
Delaware Division of Corporations
- URL: https://corp.delaware.gov/
- Use for: Delaware LLC formation and franchise tax
Wyoming Secretary of State – Business Division
- URL: https://sos.wyo.gov/Business/
- Use for: Wyoming LLC formation, annual report, and fees
Nevada Secretary of State
- URL: https://www.nvsos.gov/sos/businesses
- Use for: Nevada LLC formation, annual list, and business license fees
Legal Disclaimer
This guide provides general information about US company formation and is not legal, tax, or financial advice. Rules, fees, and deadlines change and vary by state and by individual circumstance. Always confirm current requirements with the relevant state authority and the IRS, and consult a qualified cross-border tax and legal professional before making decisions. Privacy Solutions is not a law firm or an accounting firm, and this guide does not create a client relationship.
Related Reading
- Compare: Delaware bank account, Wyoming LLC, Washington DC LLC
- Banking a US LLC as a non-resident: Delaware company bank account guide
- All 29 jurisdictions compared: Company Formation hub