Description: Foreigners can register a U.S. LLC and obtain an EIN, but the process is filled with legal, tax, and logistical hurdles—especially if you don’t have a U.S. address or SSN. This article provides a step-by-step guide to LLC formation and EIN application for non-residents, exposes common pitfalls, and explains why using SpeedEIN makes the process easier and fully compliant.
1. Can a Foreigner Register a U.S. LLC?
Yes — non-U.S. residents can legally form an LLC in the United States. U.S. law allows any individual or foreign company to form an LLC (Limited Liability Company), which offers:
- Pass-through taxation
- Limited liability protection
- Flexible management structure
📌 Important Note: If you are a foreigner with no U.S. mailing address, this becomes a major obstacle when applying for an EIN. SpeedEIN does not provide a U.S. address, and does not forward or scan CP 575 forms. You must arrange your own U.S. mailing address.
2. Overview of the LLC Registration Process
| Step | Description | Details |
|---|---|---|
| 1 | Choose a State | Popular states: Wyoming (low maintenance), Delaware (business-friendly), Florida (no state tax) |
| 2 | Hire a Registered Agent | Required in all states. SpeedEIN can recommend compliant agents |
| 3 | File Articles of Organization | Submit to the Secretary of State |
| 4 | Apply for EIN | File IRS Form SS-4 |
| 5 | Open a Bank Account | U.S. banks or fintechs like Wise/Payoneer (requires EIN) |
3. Why Is EIN Application So Difficult for Foreigners?
Although the IRS allows foreigners to apply for an EIN for free via Form SS-4, common issues include:
- Form errors – Over 30% of applications are rejected due to minor mistakes
- No SSN/ITIN – Foreigners need special instructions if they lack a Social Security Number
- No U.S. phone number – IRS may try to confirm via phone
- No way to receive CP 575 – This is the only official EIN confirmation; if lost, IRS will not reissue
4. What Tax Requirements Apply to LLCs Owned by Foreigners?
According to IRS Publications 1635, 519, 583, and 15, here are the key points:
| Topic | Details |
|---|---|
| Federal Income Tax | Single-member foreign-owned LLCs are “Disregarded Entities”; profits pass through to the owner’s individual return |
| Reporting | Even if the LLC has no income, you must file Form 5472 + pro forma 1120 annually |
| Payroll Taxes | If you hire U.S.-based employees, you must comply with IRS Publication 15 (employment taxes) |
| Beneficial Ownership Reporting | As of 2024, FinCEN requires all LLCs to file BOI reports (per IRS ISS4) |
5. Why Choose SpeedEIN Over Other Services?
| Feature | SpeedEIN | Some Alternatives | Risk |
|---|---|---|---|
| Form Review | ✅ Manual SS-4 verification | ❌ Auto-submit, high error rate | Application rejected, IRS won’t respond |
| Address Disclosure | ✅ Transparent — we don’t provide address | ❌ Misleading or silent | CP 575 may be lost |
| Pricing | ✅ Flat-rate, no hidden fees | ❌ Hidden costs, upsells | Confusing billing |
| Accuracy | ✅ Based on IRS official publications | ❌ Web-scraped info | Misleading or outdated advice |
6. Why Use SpeedEIN?
⚠️ High Risk Alert!
If you’re a non-resident and try to apply for an EIN on your own, you may encounter:
- No feedback from IRS if your SS-4 is wrong
- No EIN = No bank account or marketplace access
- Incorrect data = IRS flags you as high-risk taxpayer
SpeedEIN offers a foreign-friendly, IRS-compliant EIN filing service, fully guided and reviewed by professionals.
✅ Start with SpeedEIN Now
It takes just 3 minutes to get started. We’ll handle the paperwork, you focus on your business.