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The Global Insight

Can non-US citizen create LLC?

Author

James Williams

Updated on March 10, 2026

Anyone can form a Limited Liability Company (LLC) in the USA; you do not need to be a US citizen, or a US company. Foreign citizens and foreign companies can form an LLC in the USA.

Can a non resident alien be a partner in an LLC?

Can a foreigner be a partner in an LLC? Yes, they can. A small business owner, also known as a member, can operate under the structure of a limited liability company, LLC, and reap the same tax benefits as a sole proprietorship.

Can a US entity have a foreign address?

The short answer is “no,” you do not need to use your actual address in whatever country you live in. For most states, this address can be located “anywhere in the world,” it just cannot be a PO Box. The three exceptions that I’m aware of, are Arizona (AZ), California (CA) and Oregon (OR).

What is a foreign LLC company?

It is a classification used for companies that do business in states other than the home state where the LLC was formed. States require companies to register as foreign LLCs to ensure they meet regulatory and tax requirements, and the term “foreign” simply means the company was set up in a different state.

Can a non U.S. citizen own a US company?

The American dream of business ownership in the United States is not limited to only U.S. citizens. Neither citizenship nor residency is required to start a small business in the U.S.

How can a non U.S. citizen start a business?

Fill a certificate of incorporation after your name and the agent has been established. File an incorporation report and pay the tax for your company. Get an EIN (Employer Identification Number) that will allow you to hire workers, pay taxed, open a bank account and attain any necessary licenses.

Can a non-resident of the United States own an LLC?

One of those restrictions is that no members of the LLC can be non-resident aliens. Therefore, having even one member who is non-US resident and not a citizen of the United States will prevent the LLC from electing to be treated as an S corporation.

What makes you a non resident of the United States?

You are a non-resident alien if you are not any of the following: 1 A US citizen 2 A US permanent resident (i.e.“green card holder”), or 3 You have lived in the US enough time to pass the “substantial presence test.”

Do you need a non-US Tax ID number for a LLC?

The amount of money moved from the LLC to the non-US owner in the tax year. Additionally, the form must also include a non-US taxpayer identification number for the 25% owner of the LLC. Download Form 5472 here and the official instructions here. Unfortunately, it’s not possible to e-file this form.

Which is the best legal entity for non-residents?

US LLCs can be one of the best legal entities for non-US entrepreneurs. They enable access to all the benefits of a first world jurisdiction, such as banking, payment processing, and good reputation, while maintaining a relatively low tax rate and manageable levels of compliance requirements.