Can Foreigners Own US Companies
Yes, completely. Non-US citizens and non-residents can form and own 100% of a US LLC (Limited Liability Company) or C-Corporation. You do not need a visa, a US address (you can use a registered agent), or an SSN. Millions of international entrepreneurs have US companies.
What you can and cannot do:
- ✅ Own the company
- ✅ Receive profits as dividends or distributions
- ✅ Sign contracts on behalf of the company
- ✅ Open US bank accounts (with some effort)
- ✅ Hire American employees
- ❌ Physically work in the US for your own company without a work visa
LLC vs C-Corp
| Factor | LLC | C-Corp |
|---|
| Best for | Solo founders, freelancers, small teams | Startups seeking VC funding |
| Tax treatment | Pass-through (single taxation) | Double taxation (company + dividend) |
| Complexity | Simple | More complex |
| Stock options | No | Yes |
| VC-friendly | No | Yes |
For most non-resident business owners (consultants, SaaS, e-commerce, freelancers): LLC is the right choice. For raising VC from top US funds: Delaware C-Corp.
Wyoming vs Delaware
| Feature | Wyoming | Delaware | New Mexico |
|---|
| Formation cost | $100 | $90 | $50 |
| Annual report | $60 | $300 franchise tax | None |
| Privacy | High (no public owner disclosure) | Medium | Highest |
| Legal system | Business-friendly | Famous Chancery Court | Simple |
| Best for | Solo founders, e-commerce | Startups with VCs | Ultra-lean |
For most non-residents: Wyoming. Cheap, private, simple. Delaware only makes sense if you plan to raise VC.
- 1. Pick a state (Wyoming, Delaware or New Mexico usually)
- 2. Pick a name and check availability on the state website
- 3. Appoint a registered agent — you need a US address. Services like Northwest Registered Agent ($125/year) or ZenBusiness do this.
- 4. File Articles of Organization online with the state ($50-100)
- 5. Get an EIN from the IRS (free)
- 6. Open a US bank account
- 7. Draft an Operating Agreement (legally required in some states)
- 8. File beneficial ownership (BOI report) with FinCEN — required since 2024
Services like Stripe Atlas ($500 one-time), Firstbase or doola handle all of this for you. They are worth the fee if you have never done this before.
Getting an EIN
The EIN (Employer Identification Number) is the US federal tax ID. You cannot open a US bank account without one. As a non-resident:
- Apply by fax or mail with Form SS-4
- Fax is fastest — 4-7 business days
- Mail takes 4-6 weeks
- Do NOT use the online IRS tool (requires an SSN)
- Formation services include EIN as part of their package
Opening a Bank Account
The hardest step. Post-Patriot Act, US banks are cautious with foreign-owned LLCs. Options:
- Mercury Bank — digital bank focused on startups. Accepts foreign-owned LLCs. Free.
- Relay — similar to Mercury. Good alternative.
- Brex — for funded startups (C-Corps usually).
- Wise Business — multi-currency account, works without US presence.
- Chase, Bank of America — usually require you to visit a US branch in person.
🏦 Recommended path: Wyoming LLC via Stripe Atlas or doola, then Mercury Bank account. Total cost: $500-700 all-in.
Tax Obligations
A foreign-owned single-member LLC is a disregarded entity for US tax. You file:
- Form 5472 + Pro Forma 1120 — annually by April 15. Required even if no income.
- BE-13 survey (Bureau of Economic Analysis) for investments
- State annual report (Wyoming: $60)
- BOI report (FinCEN) — beneficial ownership
If you have no US-source income and no US presence, you typically owe no US income tax. But the FILING requirement still applies. Penalty for not filing Form 5472 is $25,000. Hire a CPA familiar with foreign-owned LLCs.
Annual Compliance
- Wyoming annual report + fee (~$60)
- Form 5472 + 1120 (foreign-owned LLCs)
- State sales tax (if selling to US customers — varies by state)
- BOI report updates
- EIN maintenance (free)
Total annual cost to maintain a Wyoming LLC: $60-200 in state fees, $500-1,500 for a CPA to file Form 5472.
Can Foreigners Own US Companies
Yes, completely. Non-US citizens and non-residents can form and own 100% of a US LLC (Limited Liability Company) or C-Corporation. You do not need a visa, a US address (you can use a registered agent), or an SSN. Millions of international entrepreneurs have US companies.
What you can and cannot do:
- ✅ Own the company
- ✅ Receive profits as dividends or distributions
- ✅ Sign contracts on behalf of the company
- ✅ Open US bank accounts (with some effort)
- ✅ Hire American employees
- ❌ Physically work in the US for your own company without a work visa
LLC vs C-Corp
| Factor | LLC | C-Corp |
|---|
| Best for | Solo founders, freelancers, small teams | Startups seeking VC funding |
| Tax treatment | Pass-through (single taxation) | Double taxation (company + dividend) |
| Complexity | Simple | More complex |
| Stock options | No | Yes |
| VC-friendly | No | Yes |
For most non-resident business owners (consultants, SaaS, e-commerce, freelancers): LLC is the right choice. For raising VC from top US funds: Delaware C-Corp.
Wyoming vs Delaware
| Feature | Wyoming | Delaware | New Mexico |
|---|
| Formation cost | $100 | $90 | $50 |
| Annual report | $60 | $300 franchise tax | None |
| Privacy | High (no public owner disclosure) | Medium | Highest |
| Legal system | Business-friendly | Famous Chancery Court | Simple |
| Best for | Solo founders, e-commerce | Startups with VCs | Ultra-lean |
For most non-residents: Wyoming. Cheap, private, simple. Delaware only makes sense if you plan to raise VC.
- 1. Pick a state (Wyoming, Delaware or New Mexico usually)
- 2. Pick a name and check availability on the state website
- 3. Appoint a registered agent — you need a US address. Services like Northwest Registered Agent ($125/year) or ZenBusiness do this.
- 4. File Articles of Organization online with the state ($50-100)
- 5. Get an EIN from the IRS (free)
- 6. Open a US bank account
- 7. Draft an Operating Agreement (legally required in some states)
- 8. File beneficial ownership (BOI report) with FinCEN — required since 2024
Services like Stripe Atlas ($500 one-time), Firstbase or doola handle all of this for you. They are worth the fee if you have never done this before.
Getting an EIN
The EIN (Employer Identification Number) is the US federal tax ID. You cannot open a US bank account without one. As a non-resident:
- Apply by fax or mail with Form SS-4
- Fax is fastest — 4-7 business days
- Mail takes 4-6 weeks
- Do NOT use the online IRS tool (requires an SSN)
- Formation services include EIN as part of their package
Opening a Bank Account
The hardest step. Post-Patriot Act, US banks are cautious with foreign-owned LLCs. Options:
- Mercury Bank — digital bank focused on startups. Accepts foreign-owned LLCs. Free.
- Relay — similar to Mercury. Good alternative.
- Brex — for funded startups (C-Corps usually).
- Wise Business — multi-currency account, works without US presence.
- Chase, Bank of America — usually require you to visit a US branch in person.
🏦 Recommended path: Wyoming LLC via Stripe Atlas or doola, then Mercury Bank account. Total cost: $500-700 all-in.
Tax Obligations
A foreign-owned single-member LLC is a disregarded entity for US tax. You file:
- Form 5472 + Pro Forma 1120 — annually by April 15. Required even if no income.
- BE-13 survey (Bureau of Economic Analysis) for investments
- State annual report (Wyoming: $60)
- BOI report (FinCEN) — beneficial ownership
If you have no US-source income and no US presence, you typically owe no US income tax. But the FILING requirement still applies. Penalty for not filing Form 5472 is $25,000. Hire a CPA familiar with foreign-owned LLCs.
Annual Compliance
- Wyoming annual report + fee (~$60)
- Form 5472 + 1120 (foreign-owned LLCs)
- State sales tax (if selling to US customers — varies by state)
- BOI report updates
- EIN maintenance (free)
Total annual cost to maintain a Wyoming LLC: $60-200 in state fees, $500-1,500 for a CPA to file Form 5472.