US Company
Formation for
Non-Residents
What a US company can provide
A state-formed US entity can give a non-US founder a company for contracts, sales channels, payment applications, and operations connected with the United States. Formation is only the legal starting point. Banking, federal and state tax, sales tax, and business licenses follow separate rules.
A separate state-law entity
An LLC or corporation can sign contracts, own business assets, and incur liabilities in its own name. Limited liability depends on proper records, separate finances, and compliance with the law rather than the filing alone.
Ownership by non-US founders
A non-US individual or overseas company can generally own a US LLC or C corporation. The owners still need to consider tax treatment in the United States and in the countries where they live or manage the business.
A company profile for commercial applications
State records and an EIN can support applications to marketplaces, payment providers, and banks. Each provider runs its own review, so a formed company and an EIN do not guarantee approval or a particular account.
A choice of legal and tax classification
An LLC has default federal tax treatment based on its number of members and may elect corporate treatment. A C corporation is a different state-law entity and generally pays federal income tax at the corporate level.
A structure tied to a specific state
The formation state determines the filing, registered agent, annual report or tax, and public record. If the company operates in another state, it may also need foreign qualification there.
Business models commonly considered
Non-US founders consider US entities for ecommerce, software and online services, international trade, logistics, and travel-related businesses. The entity and state should follow the actual operation. Formation does not replace marketplace onboarding, tax registration, customs requirements, or an industry license.
International trade
Software and online services
Technology projects
Logistics
Travel services
Discuss a US company setup
Tell us where the owners live, what the company will do, whether it will have US staff or premises, and how customers and suppliers will pay. JNT will use those facts to review the entity, state, and formation scope.
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Decisions to make before the state filing
JNT's published package for this page covers a standard LLC formation. A C corporation can be discussed when the ownership, investment plan, or employee equity makes that structure relevant, but it requires a separate scope review.
LLC or C corporation
An LLC is usually the first structure reviewed for an owner-operated business. A C corporation is more relevant when the company expects institutional investment, multiple stock classes, or an employee equity plan. S corporation status is not available when a shareholder is a nonresident alien.
The state where the business belongs
If the company has an office, employees, regular in-person activity, or another operating presence in a state, forming there can avoid a second foreign-qualification filing. Delaware and Wyoming are comparison points for founders with no physical US presence, not automatic defaults.
A registered agent in the formation state
The agent receives legal and state notices at a physical address in the state. This role must remain active while the company exists and should not be confused with a business office, bank address, or general mail-forwarding service.
An available name and correct filing document
The name must be distinguishable under the selected state's rules and use the required entity ending. An LLC normally files Articles of Organization or a Certificate of Formation; a corporation files Articles or a Certificate of Incorporation.
Owners, managers, and control
The application and internal agreement should identify the members, managers, ownership percentages, decision rights, and profit allocations for an LLC. A corporation instead uses shareholders, directors, officers, and shares.
A post-formation compliance plan
State maintenance, EIN work, federal information returns, income tax, sales tax, banking, and licenses are separate workstreams. The responsible filings depend on the owners, transactions, activity, and states involved.
US LLC formation service scope
Standard LLC formation for a non-US founder
1. State formation
| Service | Status |
|---|---|
Initial LLC structure and formation-state review |  |
Company name availability check | |
Preparation of the state formation filing | |
Filing coordination with the selected state | |
State filing fee | Charged separately |
State-approved formation record | |
Standard LLC operating agreement | |
Electronic company record package | |
2. Registered agent and state maintenance
| Service | Status |
|---|---|
Registered agent in the formation state for year one | |
3. EIN application
| Service | Status |
|---|---|
Preparation of Form SS-4 and responsible-party information | Separate scope |
How the US company formation process works
Step 1: Choose the entity and state
- Review the owners, investment plans, activity, US presence, customer markets, and banking needs
- Confirm whether the current LLC package fits and select the formation state deliberately
Step 2: Complete the company information
- Provide identity, address, ownership, management, and supporting business information
- Confirm the company name, registered agent, mailing details, and any activity that may need a license
Step 3: Approve and file with the state
- Review the LLC filing and operating agreement before submission
- Pay the JNT formation fee and the selected state's official filing charge
Step 4: Receive the records and start separate workstreams
- Receive the approved state record, operating agreement, and initial company documents
- Proceed separately with the EIN, banking application, tax calendar, sales-tax review, and required licenses
Information and documents to prepare
The final list depends on the selected state, owners, activity, and due diligence review.
- Passport or government-issued identity document for each member, manager, and beneficial owner
- Recent proof of residential address for each relevant individual
- Ownership chart and formation documents for any company that will be an LLC member
- Proposed company names and a plain-language description of the business activity
- Ownership percentages, management arrangement, decision rights, and intended profit allocations
- US premises, employees, inventory, or other state connections, if any
- Customer markets, suppliers, expected payment flows, and source-of-funds information
US LLC formation pricing
$250 USD
- The final proposal identifies the LLC formation work and first-year registered agent service included
- State filing fees, EIN work, renewals, address services, tax filings, licenses, and banking support are priced separately when applicable
- Timing depends on the state, document quality, due diligence, and any additional workstream; formation, EIN, and bank approval are not one timeline
Frequently asked questions
An LLC is usually the first option reviewed for a founder-operated business, ecommerce company, consultancy, or small team that wants flexible management. A C corporation is more likely to fit a business raising institutional capital, issuing multiple classes of stock, or creating an employee equity plan.
The legal entity and federal tax classification are separate decisions. A domestic single-member LLC is disregarded by default for federal income tax, and a multi-member LLC is a partnership by default, unless it elects corporate treatment. A C corporation generally pays federal tax at 21%. S corporation status is not available if a shareholder is a nonresident alien.
JNT's published price and scope on this page apply to a standard LLC formation. A C corporation needs a separate proposal after the ownership and investment plan are reviewed.
Start with the state where the business will actually have an office, employees, inventory, frequent in-person activity, or another operating presence. Forming elsewhere can create a second foreign-qualification filing, another registered agent, and overlapping state fees.
For a founder outside the United States with no physical presence in any state, Delaware and Wyoming are common comparison points. As of August 27, 2026, Delaware charges US$110 to form an LLC and a US$400 annual tax due by June 1. Wyoming charges US$100 to form an LLC and an annual license tax of at least US$60, due on the first day of the formation anniversary month.
Those figures do not decide the state by themselves. Ownership plans, investor expectations, activity, privacy requirements, state tax exposure, sales-tax nexus, and where the business is managed should be reviewed together.
A non-US individual or overseas company can generally own all of a US LLC or C corporation. The state filing can usually be prepared and signed remotely, subject to identity checks, document requirements, and the selected state's rules.
Ownership does not provide a US visa, immigration status, tax residence, bank account, or license. It also does not make S corporation status available to a nonresident alien shareholder.
No. The state creates the legal entity; the IRS issues the EIN. JNT can support the EIN application as a separately priced workstream after the state filing is accepted.
An applicant without a legal residence, principal place of business, principal office, or agency in the United States cannot use the IRS online EIN application. The current IRS instructions provide telephone, fax, and mail routes for international applicants. The appropriate route and responsible-party entries are confirmed from the case facts.
IRS processing and issuance are outside JNT's control. The EIN timeline should not be combined with the state's formation time or a bank's onboarding time.
No. State formation, EIN issuance, and bank onboarding are separate decisions. A bank or payment provider reviews the owners, business model, source of funds, expected transactions, counterparties, and reason for using a US entity.
JNT can help prepare an application under a separate scope. The bank or payment provider retains sole approval authority and may request more information, impose restrictions, or decline the application independently of JNT, the IRS, and the formation state.
The answer depends on the LLC's members, tax classification, transactions, source of income, US business activity, and states involved. Formation never creates a general tax exemption. Federal, state, sales-tax, payroll, and home-country reporting should be reviewed separately.
A foreign-owned US disregarded entity can have a Form 5472 filing requirement with a pro forma Form 1120 when it has reportable transactions. The IRS penalty for a late, incomplete, or missing Form 5472 starts at US$25,000, with additional penalties possible after notice. Multi-member LLCs, LLCs taxed as corporations, and C corporations use different federal returns.
State maintenance is separate from the federal return. Depending on the state, the company may owe an annual report, franchise tax, annual tax, or license tax even when it has no revenue.