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Guide for nonresidents

How to open an LLC in the U.S. as a foreigner

You can form an LLC in the United States without living here and without being a U.S. citizen or resident. This guide explains, step by step and with official sources, what you need, what it costs and what comes next.

  • Passportfor each member
  • No SSNor ITIN
  • 50 + D.C.states
In short

The essentials in 5 points

  • You don’t need to live in the U.S., be a citizen or resident, or travel: everything is done online.
  • You don’t need an SSN or ITIN to form the LLC or to get the EIN. We ask for each member’s passport.
  • You can have members from any country.
  • Costs depend on the state. Our packages already include the state filing fee.
  • After that there are yearly obligations (annual report, Registered Agent, taxes) that depend on the state.
In this guide
  1. What is an LLC?
  2. Can I open one if I don’t live in the U.S.?
  3. Requirements
  4. Step by step
  5. Which state?
  6. The EIN without an SSN or ITIN
  7. Bank account
  8. Taxes
  9. BOI report
  10. What is required each year
  11. Year 1 and year 2 costs
  12. Depending on your country
  13. Frequently asked questions

Last reviewed: October 21, 2026 · Official sources

The basics

What is an LLC?

An LLC (limited liability company) is a business structure allowed by each state’s law. As a general rule, it separates your personal assets from the business’s debts.

Owners from any country

According to the IRS, most states don’t restrict ownership: members (owners) can be individuals, corporations, other LLCs and foreign entities, and there is no maximum number.

Flexible taxes

For the IRS, a single-member LLC is treated by default as a disregarded entity and one with two or more members as a partnership, unless it elects to be taxed as a corporation (Form 8832).

Fewer formalities

Fewer formalities than a Corporation: no board of directors or shareholders required.

LLC or Corporation? Compare them

If you live abroad

Can I open an LLC if I don’t live in the United States?

Yes. Forming an LLC doesn’t require U.S. citizenship or residency, and you don’t need to travel: the state filing is done online and our Spanish-speaking advisors guide you.

Do I have to do anything in person?

No. Everything is done online, with Spanish-speaking advisors: you don’t need to travel to the United States to form your LLC.

Can I have members from other countries?

Yes. An LLC can have members from different countries. Each member’s ownership percentage and responsibilities are set out in the Operating Agreement (in English).

Requirements

Requirements to open an LLC as a foreigner

Less than you think: you don’t need an SSN or ITIN.

You can form a single-member LLC, but we don’t recommend it: it offers less protection against lawsuits. We suggest having at least one more member (why).

Your company documents, such as the Operating Agreement, are delivered in English only.

  • Your company namePlus one or two alternates, in case the first one isn’t available.
  • The stateIf you’re not sure, we explain your options in the free consultation.
  • Member informationName, address and ownership percentage of each owner.
  • A valid IDEach member’s passport.
The process

How to open your LLC step by step

  1. 01

    Free initial consultation

    We review your project at no cost and explain your options for the state, the type of company and the package.

  2. 02

    Name and details

    We check that the name is available and gather each member’s details and passport.

  3. 03

    Filing with the state

    We file the formation document with the state (in most states it is called Articles of Organization; in others, Certificate of Formation or Certificate of Organization) and follow up until it is approved. Timing depends on each state.

  4. 04

    EIN from the IRS

    Once the LLC is formed, we apply for its EIN with Form SS-4, with no SSN or ITIN. How to get an EIN without an SSN.

  5. 05

    Bank account

    We give you the documents banks usually ask for (formation documents and the EIN). The Standard and Premium packages include a Lili business account (Latin America only).

  6. 06

    Up to date every year

    Annual report, Registered Agent and taxes, depending on the state. From the 2nd year, the Annual Plan files your Annual Report, renews your Registered Agent and includes the state’s fixed annual tax or fee (taxes based on sales or profits are paid separately).

Compare states

Which state should you choose?

It depends on where you will operate, your clients and each state’s costs. If you form the company in one state and operate in another, you normally must also register it in that other state. As an example, here is the data for 5 states, in alphabetical order. This is not a recommendation: we review your case in the free consultation.

Delaware

Formation document
Certificate of Formation
State filing fee to form it
$110 · included in our packages
Annual report
Not required
Annual tax
$400 annual tax (up from $300 starting tax year 2026), due June 1
With Incnnova · Basic package
$349

Official sources: corpfiles.delaware.gov · corp.delaware.gov (1, 2)

Florida

Formation document
Articles of Organization
State filing fee to form it
$125 ($100 filing + $25 registered agent designation) · included in our packages
Annual report
Annual Report · Between Jan. 1 and May 1 · $138.75
With Incnnova · Basic package
$349

Official sources: dos.fl.gov (1, 2, 3)

New Mexico

Formation document
Articles of Organization
State filing fee to form it
$50 · included in our packages
Annual report
Not required
With Incnnova · Basic package
$299

Official sources: enterprise.sos.nm.gov · nmlegis.gov · sos.nm.gov (1, 2, 3)

Utah

Formation document
Certificate of Organization
State filing fee to form it
$59 · included in our packages
Annual report
Annual Renewal (Annual Report) · Anniversary date of formation (renewal possible up to 60 days early) · $18
With Incnnova · Basic package
$299

Official sources: commerce.utah.gov (1, 2) · corporations.utah.gov

Wyoming

Formation document
Articles of Organization
State filing fee to form it
$100 (+ card fee online) · included in our packages
Annual report
Annual Report (License Tax) · 1st day of the anniversary month of formation · $60 minimum (or $0.0002 per dollar of assets in WY, whichever is greater)
With Incnnova · Basic package
$299

Official sources: sos.wyo.gov (1, 2, 3, 4)

See all 50 states and D.C. What each state requires every year

EIN

Your LLC’s EIN, without an SSN or ITIN

The EIN is your company’s tax number with the IRS. The IRS online application asks for an SSN or ITIN; without them, it is requested with Form SS-4 by fax or by mail (international applicants can also apply by phone), entering “foreign” or “N/A” on line 7b, as the IRS instructions say. The IRS doesn’t charge for the EIN, and it is already included in our packages.

Read the EIN without an SSN guide

Banking

A bank account for your LLC

Documents for the bank

We give you what banks usually ask for: your company’s formation documents and the EIN. Each bank has its own requirements.

Lili account

The Standard and Premium packages include a Lili business account (Latin America only). Account approval depends on Lili.

Without traveling?

Some banks and financial platforms let foreign owners open accounts online; others require you to go in person. Requirements vary by institution.

Always keep the company’s money separate from yours: it protects your limited liability.

Taxes

Taxes: what you should know

We are not accountants and we don’t give tax advice: this is general information so you know what to ask your accountant.

  • By default, for the IRS a single-member LLC is a disregarded entity and one with two or more members is taxed as a partnership (Form 1065), unless it elects another tax classification.
  • If the LLC has a single foreign owner and during the year it had transactions with its owner or another related party (for example, contributions, distributions or payment of formation costs), it must file Form 5472 with the IRS along with a pro forma Form 1120, even if it had no income. The penalty for not filing is $25,000.
  • An S-Corp cannot have nonresident alien shareholders.
  • Depending on the state, there may also be state taxes or fees every year (Delaware, for example, charges LLCs an annual tax). With our Annual Plan, from the 2nd year, the state fee and the state’s fixed annual tax or fee are included (such as the Delaware LLC annual tax); taxes based on sales or profits and late fees are paid separately.
  • For taxes in your country of residence, talk to a local accountant.
FinCEN

What about the BOI report?

It is a report on a company’s beneficial owners filed with FinCEN. With its March 26, 2025 rule, FinCEN exempted all entities created in the U.S. — including LLCs with foreign owners — and its final rule, effective August 14, 2026, made that exemption permanent.

Today, only companies formed in another country that registered to do business in the U.S. must file it.

After you open it

What your LLC requires every year

Annual report

Most states require it every year. If you don’t file it, depending on the state, there may be late fees (not included in our prices) or even the dissolution of your LLC.

Example: Florida Annual Report

Registered Agent

Depending on the state, your LLC must maintain a Registered Agent (in Texas, for example, continuously). Included for the first year in every package.

What a Registered Agent is

Tax returns

Your LLC has federal returns and, depending on the state, state returns. Plan them with your accountant.

Licenses and permits

Depending on your activity, city and county, you may need licenses in addition to the formation.

Costs

How much does it cost? Year 1 and year 2

With Incnnova, the first year is a one-time payment that depends on the state, with the state filing fee, the EIN and a Registered Agent for the first year included. From the second year, you can choose the Annual Plan.

StateYear 1 · Basic packageYear 2 onward · Annual Plan (LLC)
Delaware$349 $720/year
Florida$349 $450/year
New Mexico$299 Contact us
Utah$299 $330/year
Wyoming$299 Contact us

The Annual Plan is only for clients who formed their company with us, from the 2nd year. It includes the Annual Report with the state fee and the state’s fixed annual tax or fee (in Delaware, for example, the LLC annual tax), the Registered Agent and domain renewal, and reminders. Taxes based on sales or profits and late fees are paid separately. Before charging it, we talk with you and confirm the price.

If another company formed your company, you can order the Annual Report (from $180) and the Registered Agent ($180) separately. Your tax returns are not included: we recommend an accountant for that.

See the exact price for your state in Plans and Pricing.

Your country

If you live in Colombia, Mexico, Venezuela or another country

To form the LLC, the state doesn’t require citizenship or residency, so the steps in this guide apply wherever you live. What changes are the taxes and rules of your country of residence: for that, talk to a local accountant.

Request your free consultation

Questions from nonresidents

Frequently asked questions about LLCs for foreigners

Yes. U.S. citizenship or residency isn’t required, and everything is done online, with no travel.

Not by itself. Forming an LLC or a Corporation doesn't give you a visa, residency or work authorization in the U.S. Some visas, such as the E-2 treaty investor visa, have their own requirements: for example, being a national of a country with which the U.S. maintains a treaty of commerce and navigation, and investing a substantial amount of capital in a real business. We are not attorneys: for your immigration case, consult an immigration attorney. Source: USCIS, E-2 Treaty Investors.

No. You don’t need an SSN or ITIN to form the LLC or to get its EIN. The EIN is requested with IRS Form SS-4.

You can, but we don’t recommend it: it offers less protection against lawsuits. We suggest having at least one more member.

If your LLC was created in the U.S., no: according to FinCEN, entities created in the U.S. are exempt, even if their owners are foreign. Only companies formed in another country that registered to do business in the U.S. must file it.

Company documents, such as the Operating Agreement, are delivered in English only. Our advisors speak Spanish.

It depends on the state and the package, and the state filing fee is already included in our packages. See the exact price in Plans and Pricing.

Official sources

Every fact on this page comes from these official pages or from our website data.

  1. IRS · Limited liability company (LLC)what an LLC is, its members and its default tax classification
  2. IRS · Get an employer identification numberfree; online application only with an SSN or ITIN
  3. IRS · Instructions for Form SS-4 (12/2025)fax, mail, phone (international applicants) and IRS timeframes; line 7b “foreign” or N/A
  4. IRS · Instructions for Form 5472foreign-owned single-member LLC: Form 5472 with a pro forma Form 1120 and the $25,000 penalty
  5. IRS · S corporationsan S-Corp cannot have nonresident alien shareholders
  6. FinCEN · Beneficial Ownership Information (BOI)companies created in the U.S. are exempt from BOI reporting
  7. USCIS · E-2 Treaty Investorsforming a company doesn’t give you a visa; E-2 visa requirements
  8. State data: 50-State Coverage and Annual Plan · What each state requireseach state’s official sources are on its card

Last reviewed: October 21, 2026. General information only: not legal, tax or accounting advice. Incnnova Solutions & Co is a private company: we are not a law firm or an accounting firm and we are not affiliated with the IRS or any state. Fees and rules are set by each state and may change.

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