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Opening a US company from abroad: what non-residents need to know

You do not need to live in the United States to own a US company. Here is what changes for foreign owners: the EIN, the bank account, the tax filings and the limits on immigration status.

Business Formation3 min read

You do not need to be a US citizen or resident to own an LLC or a corporation in the United States. Foreign entrepreneurs open US companies every year, many of them without traveling. Owning a company from abroad, though, comes with a few rules that differ from those for US owners.

1. Choose the structure

  • LLC: the most common choice. Simple to run, with flexible taxation.
  • C corporation: a better fit if you plan to bring in investors or keep profits in the company. It pays a flat 21% federal tax on its profit.
  • S corporation: not available. Nonresident aliens cannot own S corporation shares.

2. Choose the state

Form the company in the state where it will actually do business. If it will operate in Florida, forming in Florida is usually simplest. Forming in another state and operating in Florida often means registering and paying fees in both. Every company also needs a registered agent with a physical address in its state.

3. Get the EIN

The EIN is the company’s federal tax ID. Owners without a Social Security number or ITIN cannot use the IRS online application. They apply with Form SS-4 by fax or mail, or by phone through the IRS line for international applicants.

4. Plan the bank account early

Opening the business bank account is usually the hardest step from abroad. Many banks ask to meet in person, and requirements change from bank to bank. Have your formation documents, EIN letter, operating agreement and passport ready.

5. Know your yearly filings

  • Single-member LLC: files Form 5472 with a pro forma Form 1120 every year, due April 15. The penalty for missing it is $25,000. If the company earns income connected with a US business, the owner may also need to file Form 1040-NR.
  • Multi-member LLC: files Form 1065 and gives each member a Schedule K-1. Special withholding rules apply to income allocated to foreign members.
  • C corporation: files Form 1120. Dividends paid to foreign owners are generally subject to US withholding tax, which a tax treaty may reduce.
  • Florida companies: file an annual report between January 1 and May 1.

6. Check the BOI rules

Under FinCEN’s current rules, in effect since March 2025, companies formed in the United States do not need to file Beneficial Ownership Information (BOI) reports. The requirement now applies to companies formed abroad that register to do business in a US state. These rules have changed several times, so confirm them before you file.

7. A company is not a visa

Forming a US company does not give you immigration status or permission to work in the United States. Those are separate processes. For immigration questions, talk to a licensed immigration attorney.

BF Group forms US companies for owners in the US and abroad, from choosing the structure to the first annual report. Talk to us before you file, so the company starts on the right foot.