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Knowledge

Questions, answered plainly.

Everything founders abroad ask us about forming and running a U.S. company — ownership, taxes, EIN, banking, and compliance.

Formation & Ownership

Can a non-U.S. citizen own a U.S. LLC?

Yes. There is no citizenship or residency requirement. Foreign individuals and foreign companies can own U.S. LLCs in every state, and can do so 100%.

Do I need a visa or to visit the U.S.?

No. Formation, EIN, and banking (via fintech platforms) are all completed remotely. Owning a U.S. LLC does not grant any immigration status, and none is required to own one.

Can my foreign company own the U.S. LLC?

Yes. A foreign parent company can be the sole member of a U.S. LLC — a common structure for international groups entering the U.S. market.

How fast can my LLC be formed?

New Mexico and Wyoming filings are typically approved within 1–3 business days. Delaware standard processing takes longer unless expedited.

Which state is best for international founders?

For most founders operating entirely outside the U.S., we recommend New Mexico: $50 formation, no annual report, no recurring state fees, and the strongest ownership privacy. Wyoming and Delaware remain available where name recognition or venture financing matters.

What is an operating agreement and do I need one?

It is the internal contract governing ownership and management of your LLC. States don't require filing it, but banks request it and it is essential to preserving liability protection.

Taxes & EIN

Will my LLC pay U.S. taxes?

It depends on your activities. A non-resident-owned LLC with no U.S. employees, offices, or dependent agents often has no U.S. income tax liability, but informational filings (Form 5472 + pro-forma 1120) are still required. Always confirm your position with a qualified tax professional — Westmark does not provide tax advice.

What is an EIN and why do I need it?

The Employer Identification Number is your company's federal tax ID. Banks, Stripe, PayPal, Amazon, and the IRS all require it. Non-residents obtain it via Form SS-4 without needing an SSN.

How long does the EIN take for non-residents?

Typically 2–4 weeks by fax, 6–8+ weeks by mail. No legitimate service can obtain an instant EIN for an applicant without an SSN or ITIN.

Do I need an ITIN as well?

Not to form or operate the LLC. An ITIN is a personal tax ID, only needed if you personally must file a U.S. tax return — a question for your tax advisor.

Registered Agent & Compliance

What does a registered agent do?

It is your company's legally required point of contact in the state of formation — receiving lawsuits, subpoenas, and state notices at a physical address during business hours.

Can Westmark be my registered agent if I formed elsewhere?

Yes. We accept transfers from other agents and handle the state change-of-agent filing at no charge.

What annual filings does my LLC have?

State level: an annual report (e.g., Wyoming $60) or franchise tax (Delaware $300). Federal level: typically Form 5472 with pro-forma 1120 for foreign-owned single-member LLCs. Westmark's stewardship program tracks all of it.

What happens if I ignore compliance?

The state revokes good standing and eventually dissolves the entity; banks and processors can freeze accounts. Reinstatement is possible but costs more than staying compliant ever would.

Banking & Payments

Can I open a U.S. bank account remotely?

Yes — Mercury, Relay, and Wise Business onboard non-resident-owned LLCs entirely online using your formation documents and EIN.

Can I get Stripe with a U.S. LLC?

Yes. A U.S. LLC with an EIN and U.S. bank account qualifies for Stripe U.S. — one of the most common reasons founders abroad form U.S. entities.

Do I need a U.S. phone number or address?

A U.S. business address (your registered agent or a virtual address) is generally sufficient. Some platforms want a phone number; VoIP numbers are commonly accepted.

Speak with an advisor.

A senior advisor responds within one business day.

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