Creating a US LLC as a non-resident: the complete 2026 guide
Yes, a non-resident can create a US LLC, fully legally and entirely remotely. The hard part isn’t permission, it’s the order of the steps and the tax obligations that follow. Here is the real path, with no grey areas.
Why an LLC, and for whom
The Limited Liability Company combines two strengths: limited liability (your personal assets are protected) and pass-through taxation. It’s the go-to structure for freelancers, e-commerce sellers, SaaS founders and consultants who invoice internationally.
Which state: Wyoming, Delaware or New Mexico
The choice of state changes the annual fees and the level of privacy, not your federal taxation. For most online entrepreneurs, Wyoming remains the best balance.
| State | Annual fees | Privacy | Best for |
|---|---|---|---|
| Wyoming | ~$60 | High (members not public) | Most online activities |
| Delaware | ~$300 (franchise tax) | Medium | Fundraising, high volume |
| New Mexico | $0 | High | Tight budget, simple activity |
We guide you based on your activity and volume. When in doubt, Wyoming fits more than 80% of the files we handle.
The four essential steps
- Forming the LLC in the chosen state. About 48 business hours at Altixia.
- Getting the EIN (the company’s tax number), possible without a US Social Security Number.
- ITIN if you must file a personal return or be identified as the responsible party.
- Bank account with a US business bank, opened remotely (Mercury, Relay, Wise, Slash or Payoneer).
The tax trap to know: Form 5472
This is the most common and most expensive mistake. A non-resident-owned LLC must file every year Form 5472 together with a pro forma 1120, even with zero revenue.
How long, how much
Formation is completed in 48 business hours. The EIN, bank account and ITIN then follow, subject to US administrative timelines (from a few days to several weeks for the ITIN). The whole path is handled in English, with no offshore subcontracting.
Getting it right the first time
The classic pitfall isn’t the formation itself, it’s the sequence: an EIN requested too early, an account refused over an incomplete KYC file, a 5472 forgotten twelve months later. Doing the steps in the right order saves you weeks of delays.