Questions, answered from the record
Twenty-four questions covering the full landscape a non-resident founder actually faces — formation, EIN, BOI, treaties, hiring, real estate, dissolution, and what happens when things go wrong. Where an answer states a figure, the figure’s source is on the linked sheet.
Do I need to live in the US, or visit, to form an LLC?
No. Every state in this Atlas allows a non-resident, non-citizen to own and form an LLC without living in or visiting the United States. What you need is a registered agent with an address in the formation state — included in Formation Complete for year one — and, for the EIN, the fax/mail SS-4 route described on the EIN guide.
Which state should I choose?
The state where your business actually operates, if it has a physical footprint; otherwise the state whose total five-year cost and duty pattern fit how you will really run the company. The Atlas exists because “everyone forms in Delaware” is marketing, not analysis: Delaware and Wyoming are served here by specialists, and for many founders a no-report state (Arizona, Ohio, New Mexico) or a low-duty state beats both once the five-year table is read.
Why are Wyoming and Delaware not in your package?
Because dedicated specialist businesses — Wyoming For Foreigners and Delaware LLC For Foreigners — serve exactly those states for foreign founders. We route you to their waitlists rather than selling you a generalist version of a specialist’s job. It costs us sales; it is still the honest structure.
Can I get an EIN without an SSN or ITIN?
Yes — through the Form SS-4 fax or mail route, writing “foreign” on line 7b for a foreign responsible party with no US tax number. The online EIN assistant is closed to you; the fax route returns an EIN in about four business days per the IRS’s published guidance. The EIN guide walks every line.
Is an ITIN the same as an EIN?
No. An ITIN is an individual’s tax processing number, issued on Form W-7 for a person; an EIN identifies the entity. You do not need an ITIN to get an EIN for your LLC, and an EIN never substitutes for an ITIN where a personal US filing duty exists.
What is the current status of BOI / FinCEN reporting for my LLC?
Under FinCEN’s interim final rule of March 2025, US domestic reporting companies are exempt from beneficial-ownership reporting; the BOI duty now falls on foreign companies registered to do business in the US. A domestic LLC you form here is therefore not filing BOI reports under the current rule. Rules in this area have moved repeatedly — check FinCEN’s current guidance before relying on this, and we update this answer when the rule changes.
What does the $399 include, exactly?
The formation filing in your chosen state, the registered agent for year one, the EIN application including the without-SSN route, and your duty calendar in writing. The state fee is additional, passed through at cost. From year two, agent renewal is $149 a year. The pricing page lists it task by task.
Are there any lifetime plans or one-off “forever” offers?
No. Nothing here is sold as lifetime access. The package is a one-time formation service; the agent renewal is an annual service you can end by moving your agent.
What is Form 5472, and does it apply to me?
If you are the single foreign owner of a disregarded US LLC, yes: Form 5472 attached to a pro-forma Form 1120, every year, reporting transactions with you including your own funding of the company. The penalty for a missing filing starts at $25,000. Multi-member companies file Form 1065 instead. The EIN guide covers both.
Does forming an LLC give me a visa, residency, or the right to work in the US?
No. An LLC is a business entity; it confers no immigration status whatsoever. Anyone who bundles “LLC + visa” into one promise is selling you two unrelated things as one. Take immigration advice from an immigration attorney.
Can the LLC open a US bank account?
An EIN and filed Articles are the documents banks ask for first, and some banks and financial platforms onboard non-resident owners remotely while others require an in-person visit or decline foreign-owned applicants entirely. No honest formation service can guarantee an account: the bank’s own risk decision is the bank’s. We supply the documents; we do not promise the outcome.
Is my registered agent’s address my business address?
No. The registered office is a legal service address for process and state mail. It is not your trading address, your office, or evidence of physical presence, and presenting it as such — to a bank, a marketplace, or a tax authority — is a misrepresentation we will not help with.
What is the difference between a registered agent and a business address or virtual office?
An agent is a legal role: a named person or service at a physical address in the state, available in business hours to receive service of process. A virtual office is a mailing product. Some services sell both; only the agent role satisfies the statute.
If I operate in a second state, what happens?
You generally must foreign-qualify the LLC there: a second registration, agent and duty set in that state, on top of the first. Forming in a cheap state while operating in an expensive one does not move the expensive state’s taxes or duties — it adds the cheap state’s on top.
Can I hire employees or contractors?
Yes — an LLC can hire both. US employees bring payroll registration, withholding and state unemployment accounts; foreign contractors are simpler but still documented (Form W-8BEN from the contractor is the standard paper). Employment duties are separate from formation and are not part of the $399 package.
Can the LLC buy US real estate?
Yes, foreign-owned LLCs commonly hold US real estate. Expect FIRPTA withholding on a later sale, state-level transfer and property taxes, and lender diligence on the foreign ownership. It is a legitimate use; it is also one where taking US tax advice before the purchase, not after, is worth real money.
Do tax treaties change my position?
A treaty between the US and your country can change withholding rates and tie-breaker residency, but it does not remove the LLC’s filing duties — Form 5472 is an information return, not a tax, and treaties do not switch it off. Treaty positions are claimed on returns, with advice.
What happens if I miss an annual report?
The state-specific answer is on your state sheet — late fees, then administrative dissolution or revocation if the default runs. A dissolved LLC can usually be reinstated within a window for back fees and penalties; outside the window, the entity and its liability shield are gone while its contracts and debts are not.
How do I close (dissolve) the LLC later?
By filing articles of dissolution (or the state’s equivalent) in the formation state, settling its taxes and duties, and closing the EIN account with the IRS by letter. Dissolution is a state filing with its own fee; keep the agent in place until the state confirms the dissolution, or the final notices go nowhere.
Why are payments not open yet, and when will they be?
Our selling company forms first, then its bank and payment accounts, then one paid test order is walked end to end before the first public sale. The launch list is the honest route in until that test order is proven: one email when formation opens. Anyone charging you before their company exists is asking you to fund their paperwork.
Do you give legal or tax advice?
No. This is a formation service and formation information. We are not a law firm or a tax adviser, and nothing on this site is advice about your situation. Where the site states a rule — a fee, a penalty, a deadline — the official source is cited on the page.
Can I use your state sheets and EIN guide without buying anything?
Yes. The Atlas, the dossiers and the EIN guide are public and complete; plenty of founders do it themselves with them, and the DIY row on the pricing page says so plainly. The package exists for founders who would rather the filings, the agent and the calendar were someone else’s job.
What if my country has restrictions on owning foreign companies?
Some countries regulate residents owning foreign entities or holding foreign accounts, with reporting duties at home. That is your home-country advice to take before forming; a US LLC does not override it.
You excluded Puerto Rico — why?
Because this business does not form there and will not sell around that fact. Puerto Rico LLCs are a separate regime under Puerto Rican law; if that is what you need, you need a provider whose business it is.
Still deciding? Run the route-plotter — five questions, and the brief it produces answers most of these for your specific case.
Founders by country
From India: is funding my LLC an LRS remittance, an ODI, or both?
The Reserve Bank's overseas-investment framework answers that through your AD bank's classification, not through a formation page — the India sheet (SHEET IN-01) prints what the RBI publishes, including the USD 250,000 LRS frame for resident individuals, and lists the three confirmations to obtain in writing before you remit.
From India: which states do Indian founders choose?
Florida, Texas and New York are the three surveyed on the India sheet, with 1/2/5-year costs from the same dataset as every dossier. Wyoming and Delaware route to specialists, as everywhere in this Atlas.
From Nigeria: does the CBN allow me to fund a US LLC?
The CBN's Foreign Exchange Manual governs the crossing and your authorised dealer bank applies it to your facts; its published text does not offer a self-serve route this site can quote. The Nigeria sheet (SHEET NG-01) states the boundary plainly and gives the sequence to confirm with your bank before you form.
From Nigeria: why was my LLC's bank application refused?
Usually the file, not the company: an inconsistency between documents, or an activity description too vague to assess. The Nigeria sheet sets out the five-part file banks examine, and REF E-2 at EIN for Non-Residents separates the bank's own identity checks from EIN validity.