Can a non-US resident own a US LLC

What the law allows

An LLC is created under state law, and state LLC laws do not restrict who can be a member. A person living in any country, or a company formed outside the US, can own all or part of a US LLC. The owners do not need to hold a US visa, a US address or a US tax number to form it.

The same is true of corporations. A foreign person can own shares in a US C corporation.

What you need to set one up

• A registered agent in the state. This is the one physical US presence the law requires. See do you need a US address. It is a person or company with an address in the state who accepts legal papers for the LLC. Owners abroad normally hire a commercial agent.
• A passport, for the bank, the registered agent's identity checks and any later ITIN application.
• An EIN for the LLC. The IRS online application is not open to companies whose principal place of business is outside the US, but the IRS accepts Form SS-4 by fax, mail or phone from international applicants. The responsible party does not need an SSN or ITIN. See how to get an EIN without an SSN or ITIN.
• A US bank or payment account. This is often the slowest part, because each bank sets its own policy on non-resident owners.

The step-by-step route is in how to open a US LLC from outside the US.

The limits that do apply

No S corporation status

A nonresident alien cannot be a shareholder of an S corporation. A foreign-owned LLC can use the default tax treatment or elect to be taxed as a C corporation, but it cannot elect S status.

See can a non-resident own an S corporation.

Owning a company is not permission to live or work in the US

Owning an LLC does not give you a visa, residence or the right to work in the United States. If you plan to spend time in the US working for your business, speak to an immigration lawyer first. This guide does not cover immigration law.

Banks decide their own rules

No law obliges a bank to open an account for a foreign-owned LLC. Banks and payment providers apply their own identity checks and country policies, and some will not serve owners from certain countries. US sanctions rules also restrict dealings with people and places on Treasury's sanctions lists.

Obligations that come with ownership

A foreign-owned LLC has yearly duties even if it earns nothing:

• Federal. A single-member LLC owned by a foreign person generally files Form 5472 with a pro forma Form 1120 each year, reporting transactions such as money the owner puts in or takes out. The penalty for not filing is $25,000. See our Form 5472 guide.
• State. Most states require an annual report or fee, and every state requires you to keep a registered agent.
• Income tax. Whether the LLC's profit is taxed in the US depends on where and how the business operates. See whether foreign-owned US LLCs pay US tax.

The full yearly checklist is in every filing a foreign-owned LLC has each year.

Reporting the owners to FinCEN

A US-formed LLC does not report its beneficial owners to FinCEN, even when those owners live abroad. FinCEN's final rule, issued August 11, 2026 and effective August 14, 2026, permanently exempts all entities created in the United States. Reporting now applies only to companies formed under foreign law that register to do business in a US state. See who still has to file BOI reports.

Your home country still matters

Forming a US LLC does not take you outside your own country's tax system. Many countries tax their residents on worldwide income, and some treat a foreign LLC in ways that differ from how the US treats it. Check the position in your country of residence before you start trading through the LLC.

Country guides for founders in Pakistan, India, the UAE, the UK, Canada and Nigeria.

This guide is general information. It is not tax or legal advice for your situation.