Can a Non-US Resident Own a US LLC?

The short answer: yes

A person who lives outside the United States can own a US limited liability company. The IRS says an LLC's members "may include individuals, corporations, other LLCs and foreign entities" and that there is no maximum number of members (IRS: Limited liability company). Nothing in that rule asks where a member lives, which passport they hold or whether they have a US visa.

The states that form LLCs take the same view. Wyoming's Articles of Organization and Delaware's Certificate of Formation ask about the company, not about its owners. Neither has a field for citizenship or country of residence. What both do require is a registered agent with an address inside the state, so that legal papers and state notices can be delivered to someone who is there (Delaware Division of Corporations, Wyoming Secretary of State).

So "Can I own it?" is rarely the hard question. The harder ones are what the state, the IRS, banks and immigration authorities each expect from you afterwards, and where the real exceptions sit. The rest of this guide takes those one by one. If you want the practical checklist of documents per service instead, see company formation for non-residents.

What the state actually asks for

The formation filing is short. It creates the company and puts a few public facts on record. The table shows what the two most common states for non-resident founders ask for.

Wyoming's filing fee for Articles of Organization is $100, and paper filings take up to 15 business days with no expedited option (Wyoming instructions). Delaware's fees and service levels are set by the Division of Corporations. Processing times vary; the state sets them. For a side-by-side view of both states, read Delaware vs Wyoming LLC, or the state pages for Wyoming and Delaware.

The registered agent is the one requirement a founder abroad can't meet personally, because it needs an address in the state. Every Registate formation plan includes a registered agent in the state we form your company in. See registered agent for what the role covers and what it doesn't.

Where the exceptions are

Non-resident ownership is allowed, but a handful of rules do limit who can own what, or what the company can do. None of them is about living abroad as such, which is why they're easy to miss.

Sanctions are the hard stop for owners

OFAC says all "U.S. incorporated entities and their foreign branches" must comply with its sanctions (OFAC). Once your LLC exists, it's a US person for this purpose, and so is any US service provider that works with it. Check the OFAC sanctions programs for your country, and if you're unsure whether you can be served, ask before you pay.

The S corporation election is the tax exception

Some articles written for US owners suggest electing S corporation treatment. That route is closed while any owner is a nonresident alien, because the IRS lists nonresident aliens among the shareholders an S corporation may not have (IRS). Other classification choices, made on Form 8832, remain available (IRS). If you're weighing a corporation for investors instead, read LLC vs C-Corp.

The information founders need

Owning the company and running it ask for different things at different times. Forming it is mostly answers; ID documents come in later, when a service provider has to verify you.

1. 1
   To form the LLCThe company type and state, a name that's available, a short description of the business and a registered agent. Registate's onboarding asks for these online and doesn't ask for an SSN. Forming a US LLC
2. 2
   To get the EINForm SS-4 asks for a "responsible party": the individual who ultimately owns or controls the company. With no SSN or ITIN, line 7b says "foreign". Line 8b asks how many members the LLC has (IRS SS-4 instructions).
3. 3
   To add a US business address or mailboxA lease-backed address needs the formation document, the IRS EIN letter and a photo ID such as a passport. A virtual mailbox also needs a signed USPS Form 1583 and two IDs. Proof of address · Virtual mailbox
4. 4
   To open accountsBanks and payment providers verify the owners themselves, usually with a passport, proof of personal address and the company's documents. US banking and payments

Forming an LLC doesn't make you a US tax resident

Two different things get mixed up here: how the IRS classifies the company, and whether you personally are a US tax resident. Forming the LLC settles neither in the way people often assume.

How the IRS sees the company

• A single-member LLC is, by default, "disregarded as separate from its owner" for income tax (IRS).
• A domestic LLC with two or more members is, by default, a partnership for federal income tax (IRS).
• Either can choose a different classification on Form 8832, within the IRS timing limits (IRS).
• A single-member LLC owned by a foreign person is treated as a corporation for one purpose: it files a pro forma Form 1120 with Form 5472 attached, and the IRS assesses a $25,000 penalty for failing to file Form 5472 when due (Form 5472 instructions).

Whether you are a US tax resident

The IRS treats a non-citizen as a US tax resident if they meet the green card test or the substantial presence test for the calendar year (IRS). The substantial presence test counts days you're physically in the United States: at least 31 in the current year and 183 over three years, counting all of this year's days, a third of last year's and a sixth of the year before (IRS). Owning a US company isn't part of either test.

That doesn't mean the LLC is tax-free or that your home country ignores it. Whether its income is taxed in the US, at home or both depends on where and how the work is done, and on any tax treaty. Registate doesn't give tax advice; talk to a qualified tax professional about your own filings.

Forming an LLC doesn't open a bank account

The state accepts your filing without looking at your nationality. Banks work the other way round. Under the FinCEN customer due diligence rule, they identify and verify the individuals who own 25% or more of a company, plus one person who controls it (FinCEN CDD rule). Each bank then applies its own policy on which countries, industries and document types it accepts.

• Your company will have its own legal name, EIN and formation documents. Those are what a bank's business checks start from.
• You as the owner are checked separately, with your own ID and personal address.
• A US business address and consistent documents help an application make sense, but no provider is bound to approve it, and nobody can promise approval.

Registate is a Payoneer Affiliate Partner and can guide a Payoneer application; Payoneer makes the decision. Before applying anywhere, read why US banks say no and the requirements for Payoneer, Mercury and Stripe.

An LLC isn't a visa or work permit

Owning a US company gives you no right to enter, live or work in the United States. Immigration status comes from US immigration law and is decided by US immigration authorities, in a process that's completely separate from forming a company.

• USCIS lists business visitor (B-1) activities such as consulting with business associates, negotiating a contract and attending a conference (USCIS: B-1). That list describes visits, not running the business from inside the US.
• The E-2 treaty investor classification requires, among other things, being a national of a treaty country and investing a substantial amount of capital in a real US enterprise. Applicants outside the US apply through the Department of State (USCIS: E-2).

Your LLC can sign contracts, invoice customers and hold accounts while you stay where you live. If you plan to travel to, work in or move to the United States, speak to an immigration attorney before you go. The company can be part of that conversation, but it doesn't answer it.

A practical order of steps

Most non-resident founders go through the same sequence. Each step depends on the one before it.

1. 1
   Check that you can be servedSanctions first, then the bank or payment provider you plan to use and the countries it accepts.
2. 2
   Choose the structure and the stateAn LLC for most owner-run businesses, a C-Corp if you plan to raise investment. Compare formation states
3. 3
   Form the companyThe state files the articles or certificate. Processing times vary; the state sets them.
4. 4
   Get the EINBy fax, mail or phone with Form SS-4 if you have no SSN or ITIN. The IRS sets the timing.
5. 5
   Add an address and open accountsA lease-backed business address or mailbox, then the bank or payment application.
6. 6
   Put the yearly dates in your calendarThe state's annual report or tax, and the company's federal filings, such as Form 5472 for a foreign-owned single-member LLC.

The how it works page shows what Registate handles at each step, and pricing lists the state fees and plans.

Sources, checked September 2026: IRS LLC, IRS S corporations, IRS SS-4 instructions, IRS Form 5472 instructions, IRS substantial presence test, Wyoming Secretary of State, Delaware Division of Corporations, OFAC, FinCEN BOI, USCIS B-1, USCIS E-2.