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US LLC Formation for Non-Residents

Your US LLC - No SSN, No US Address Required

A Delaware LLC is the key that unlocks Stripe, Mercury, PayPal, and US business banking for non-residents worldwide. We handle state filing and your operating agreement so you can start accepting US payments from day one.

Form My US LLC Compare Delaware vs Wyoming

Who this is for

  • Foreign founders who need Stripe or PayPal but cannot get approved without a US entity
  • Freelancers and consultants billing US clients who want to receive USD without currency friction
  • E-commerce sellers on Amazon, Shopify, or Etsy who require a US business entity
  • Digital nomads building an online business and wanting US credibility with clients and platforms
  • Non-US investors or holding company owners who need a clean US legal wrapper
  • SaaS and app founders who need to integrate US payment processors or app store accounts
  • International entrepreneurs relocating income to a US entity for contract and liability reasons
Pricing

One-time fee. Delaware state filing fee (~$90) charged separately by the State.

Form My US LLC

What's included

  • Articles of Organisation filed with the Delaware Division of Corporations (same-day processing)
  • Registered Agent service - first year included, required from day one for state compliance
  • Certificate of Formation delivered to your secure dashboard
  • Member-managed Operating Agreement template (single or multi-member)
  • Delaware registered address for all state compliance correspondence
  • Comparison guide: Delaware vs Wyoming for your specific situation
  • Dashboard status tracking from filing to approval
  • Direct message support - our team answers questions at every step

How it works

Step 1

State selection & order

We review your situation and confirm whether Delaware or Wyoming best fits your goals - investor expectations, privacy, or annual cost.

Step 2

Articles of Organisation filed

We submit your formation documents to the state division same-day. Delaware typically approves within 24 hours; Wyoming within 1–2 business days.

Step 3

Certificate of Formation issued

Your official state certificate arrives in your dashboard. This is the document banks and payment processors need to open accounts.

Step 4

Operating Agreement & document pack

Your customised Operating Agreement, formation certificate, and all supporting documents are delivered to your dashboard, ready for banking and contracts.

Compare jurisdictions at a glance

FactorDelawareWyoming
Annual state cost$300/year LLC tax$60/year annual report
Public member registerMembers listed publiclyMembers kept private
VC / investor credibilityGold standard for US fundraisingLess familiar to US VCs
State income taxNone on out-of-state incomeNone (no state income tax)
Formation speed~24 hours (standard)1–3 business days
Asset protectionStrong charging-order protectionAmong the strongest in the US
Best forStartups seeking investment, Stripe/PayPal accessPrivacy, low ongoing cost, holding companies

Figures are indicative. Government fees and substance rules change regularly - confirm with a qualified adviser.

Tax treatment for non-residents

A single-member LLC owned by a non-resident alien is typically treated as a disregarded entity by the IRS - the LLC itself pays no US federal income tax. Whether you personally owe US tax depends on whether your LLC has 'effectively connected income' from US sources, which turns on the nature of your business and any applicable tax treaty between the US and your home country. Delaware has no state income tax on out-of-state income. We do not provide tax advice; please consult a US international tax professional for your specific situation.

Why non-residents choose this service

  • Access Stripe, Mercury, PayPal, and US payment processors - without a US address or SSN
  • No Social Security Number or ITIN required for LLC formation or EIN application
  • 100% remote - no US visit, notarisation, or apostille needed at any stage
  • Single-member disregarded entity: no US federal income tax on foreign-sourced income for most non-residents
  • Delaware's global credibility opens doors with US clients, investors, and platforms
  • EIN application available as a separate add-on - the IRS SS-4 phone/fax route is open to all foreign applicants

Common questions from non-residents

Do I need a Social Security Number to form a US LLC?

No. A Social Security Number is not required to form an LLC in Delaware or Wyoming. You will need a passport for identification. To obtain an EIN you can apply via IRS Form SS-4 using the phone or fax method - no SSN or ITIN required.

Will I owe US taxes as a non-resident LLC owner?

A single-member LLC owned by a non-resident alien is typically treated as a disregarded entity, meaning the LLC pays no US federal income tax. Whether you personally owe US tax depends on whether your LLC has effectively connected income from US sources. Consult a US international tax professional.

Do I need to visit the US to form or operate my LLC?

No. The entire formation process is handled remotely - no US visit, notarisation, or apostille required. You can operate your LLC from anywhere in the world. Online-first banks like Mercury and Relay also have no in-person requirement.

Need to file a US tax return as a non-resident LLC owner? Our sister service handles US expat and non-resident filing, including Form 5472 and FBAR.

File your US taxes at nomadic.tax

Frequently asked questions

Do I need a Social Security Number to form a US LLC?

No. A Social Security Number is not required to form an LLC in Delaware or Wyoming. You will need a passport for identification, and if you want to apply for an EIN yourself (required for banking), you can do so via the IRS SS-4 form without an SSN - using the phone or fax method available to foreign applicants.

What is the difference between an EIN and an ITIN?

An EIN (Employer Identification Number) is a tax ID for your business entity. An ITIN (Individual Taxpayer Identification Number) is a personal tax ID for individuals who are not eligible for an SSN. You need an EIN to open a US business bank account - your LLC can obtain one without you having an ITIN. We guide you through the non-resident EIN application process.

Delaware or Wyoming - which should I choose as a non-resident?

Delaware is the gold standard for startups seeking VC investment or planning to raise from US investors, because most investors and accelerators expect a Delaware entity. Wyoming is better for non-residents who want privacy (no public member list), the lowest annual costs ($60/year vs Delaware's $300 annual LLC tax), and no state income tax. We provide a tailored recommendation based on your situation.

Will I owe US taxes as a non-resident LLC owner?

A single-member LLC owned by a non-resident alien is typically treated as a disregarded entity by the IRS, meaning the LLC itself does not pay US federal income tax. Whether you personally owe US tax depends on whether your LLC has 'effectively connected income' from US sources - a question that turns on the nature of your business and any applicable tax treaty between the US and your home country. We do not provide tax advice; please consult a US international tax professional.

What is a W-8BEN-E and do I need one?

Form W-8BEN-E is an IRS form used by foreign entities (like your LLC) to certify non-US status and claim reduced withholding under a tax treaty. If your LLC earns income from US payers who are required to withhold tax - such as certain service contracts or investment income - you may need to provide a W-8BEN-E to avoid over-withholding. Your tax advisor will tell you whether and when this applies to your situation.

Can I open a US business bank account with my LLC as a non-resident?

Yes. A Delaware or Wyoming LLC with an EIN can open a US business bank account. Mercury, Relay, and Wise Business are popular options that accept non-resident owners and do not require a US visit. Traditional banks like Chase or Bank of America typically require an in-person visit. We offer a separate US business banking assistance service if you would like guided support.

What are the ongoing annual costs of a Delaware LLC?

Delaware LLCs pay a $300 annual LLC tax to the State of Delaware (due June 1 each year). Registered Agent renewal is typically $50–$300 per year depending on provider. If you file a US tax return (Form 5472 or 1120 may apply to foreign-owned disregarded entities), you will also have preparation costs. Wyoming LLCs have a $60 annual report fee and no state income tax, making them cheaper to maintain.

Do I need to visit the US to form or operate my LLC?

No. The entire formation process is handled remotely - no US visit, notarisation, or apostille required. You can operate your LLC from anywhere in the world. However, if you choose to open a bank account with a traditional US bank, they may require an in-person visit. Online-only banks like Mercury and Relay have no in-person requirement.

Do I need a US mailing address or business address?

No personal US address is required. Every LLC must maintain a Registered Agent address in its state of formation - this is a legal address for receiving official state and legal documents, and is included in our service for year one. The registered agent address is not a mailing address for day-to-day business correspondence. If you need a US business mailing address (for mail forwarding, bank correspondence, or US business presence), we offer a US business mailbox add-on service. Many non-residents operate successfully using only the registered agent address plus a virtual mailbox.

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