Can a Foreigner Own a US LLC? Eligibility, Limits and How It Works

Yes. A foreigner can own a US LLC. No US state requires an LLC owner to be a citizen, a resident or a visa holder, and you can form the company online from your own country. This guide explains who can own a US LLC, what you do and do not need, the few limits that exist and what changes when the owner lives abroad. If you are ready to start, see our LLC registration in the USA for non-residents.

Key takeaways

• Foreigners and non-residents can own 100% of a US LLC.
• You do not need a US visa, a Social Security Number or to travel to the US.
• The LLC needs a registered agent with a street address in its state.
• A foreign-owned LLC has its own yearly IRS filing, even with no income.
• Some industries and some countries have extra rules.

Who can own a US LLC?

An LLC can be owned by individuals or companies, from any country, and by one person or many. The owners are called members. A single-member LLC has one owner. A multi-member LLC has two or more, and it files a partnership return instead. Being a foreigner does not stop you from being a member or a manager.

What you do not need

• A US visa or green card. Owning a company is not the same as working in the US. Check immigration rules separately if you plan to live or work there.
• A Social Security Number. You can get the company's EIN without one. See how to get an EIN without an SSN.
• A US address of your own. A registered agent supplies the address in the state.
• A trip to the US. The filing, the EIN and the agent can all be arranged online.

What you do need

1. A state to form the LLC in and a name that is available there.
2. A registered agent with a street address in that state.
3. The names and addresses of the owners and your passport details, which banks often ask for later.
4. An EIN from the IRS, applied for after the state approves the LLC.

The limits that do exist

• S-corporation status. The IRS generally limits S-corporation shareholders to US citizens and residents, so a non-resident owner usually cannot elect it. An LLC can still be taxed as a C-corporation if that suits you.
• Regulated industries. Banking, insurance, financial services and similar businesses need licences, whoever owns them.
• Sanctions. US sanctions rules restrict some countries, and providers, including us, cannot form companies for people in them. Check before you pay anyone.

What changes when the owner is a foreigner

A single-member LLC owned from outside the US generally files Form 5472 with a pro forma Form 1120 every year, even when it earned nothing. A foreign-owned LLC with no US-source business income generally owes no US income tax, but your own country may tax what you earn through it. Read Form 5472 for a foreign-owned LLC and US taxes for a foreign-owned LLC.

Choosing a state

Any state is open to you. Compare the formation fee and the yearly cost on our LLC filing fees by state page, and the states with no state income tax in the same table.

Owning a US LLC as a foreigner: pros and cons

The advantages

• Limited liability. The company, not you personally, is generally responsible for its debts.
• Remote. You can form and run it from anywhere.
• Credibility. Clients, platforms and marketplaces are used to dealing with US companies.
• Flexibility. One owner or many, and a simple structure with few formalities.

The costs and limits

• Yearly filings. The state's annual report and, for a foreign-owned single-member LLC, the IRS filing, due every year.
• Banking. Opening an account from abroad takes time and is not guaranteed.
• Home-country tax. Your own country may tax the profits, whatever the US does.
• Running costs. A registered agent and state fees every year. See what a US LLC costs each year.

An LLC suits a freelancer, consultant, online seller or small business that wants a US presence. If you plan to raise investor money, compare it with a C-corporation first.

Frequently asked questions

Can a non-resident own 100% of a US LLC?

Yes. There is no rule that requires a US co-owner or a US manager.

Do I need a US partner to open the LLC?

No. You can be the only member.

Can I open a US bank account as a foreigner?

Often, yes, but approval depends on the bank, your documents and your business. Some online providers accept overseas owners. See a US business bank account for non-residents.

Can I live and work in the US because I own an LLC?

No. Owning a company does not give you a right to live or work in the US. Ask an immigration adviser.

Is a US LLC the same as a US company?

An LLC is a type of company. The other common type is a corporation, which suits some founders better, for example those raising investor money. See LLC vs C-Corp.

Next steps

Ready to start? Register your LLC as a non-resident, or learn the order of the steps in how to form a US LLC without visiting the US. This is general information, not legal or tax advice.