Why Non-Residents Are Forming US LLCs
- Access to USD bank accounts (Mercury, Relay, Novo)
- Accept payments via Stripe and PayPal without workarounds
- US address and entity for professional credibility
- Liability protection separating personal and business assets
- No visa, green card, or SSN required
Step 1 — Choose Your State
The state you register in affects your filing fees, annual costs, and privacy protections. Here are the three most popular options for non-residents:
Wyoming
$60
filing fee
Best for cost. No state income tax, strong privacy laws. Best for non-residents with no physical US presence.
Delaware
$110
filing fee
Best for investors. Most recognized globally, preferred by VCs and institutional investors.
Florida
$125
filing fee
Best if you'll be physically present. Large Brazilian community, good for local service businesses.
Step 2 — Appoint a Registered Agent
- Required in every US state for all LLCs
- Must have a physical US address — cannot be a PO box
- Receives official legal mail and government notices on your behalf
- Typically costs $50–$150/year
- Brazil Solutions includes registered agent service in the formation package
Step 3 — File Your Articles of Organization
This is the official formation document filed with the Secretary of State. Here's what you need to know:
- Requires: LLC name (must be unique in the state), registered agent name/address, member names, business purpose (can be general)
- Processing time: Wyoming ~5 days, Delaware ~7 days, Florida ~10 days
- Brazil Solutions files this on your behalf the same day payment is confirmed
Step 4 — Get Your EIN (The Part Most People Don't Know About)
Important: Non-residents cannot apply for an EIN online. The IRS online SS-4 portal requires a US SSN or ITIN to complete. Non-residents must apply by fax or phone — or use an authorized agent.
- EIN is your LLC's federal tax ID (like a CNPJ in Brazil)
- Required to open a business bank account and file taxes
- Without an SSN, you must fax Form SS-4 to the IRS (4–6 week wait) or call the IRS Business line directly (1-800-829-4933) — international callers cannot use this line
- Brazil Solutions obtains EINs for non-resident LLC owners as part of the formation service
Step 5 — Draft an Operating Agreement
- Not legally required in most states but strongly recommended
- Defines ownership percentages, voting rights, profit distribution, and what happens if a member leaves
- Single-member LLCs still benefit from having one — it reinforces the liability protection
Step 6 — Open a US Business Bank Account
With your EIN and formation documents in hand, you can open a US business bank account entirely online:
- Mercury Bank: best overall for non-residents — 100% online, no minimum balance, no monthly fees
- Relay: great for teams and multiple accounts, excellent for bookkeeping workflows
- Wise Business: good for international transfers, but not a true US bank account
- What you'll need: EIN, Articles of Organization, passport, US address (your registered agent's address works)
Step 7 — Stay Compliant After Formation
- Annual report: most states require one — Wyoming: $60/year, Florida: $138/year, Delaware: $300 franchise tax
- Form 5472 + 1120: required for foreign-owned single-member LLCs — even with zero revenue. Penalty for non-filing: $25,000
- Keep finances separate: never mix personal and business transactions
- ITIN: if you don't have one, you'll need it to file personal taxes as a member of the LLC