Setting Up a U.S. LLC as a Foreign Investor: What You Actually Need
Non-residents can own a U.S. LLC. The real checklist: choosing a state, getting an EIN, registered agent, banking and the tax questions that matter.
By Buying America Editorial · Thu Jul 09 2026 · Business & LLC
One of the most common myths we hear from Canadian and European investors is that you must be American to own a U.S. company. You do not. A non-resident can form and own a U.S. LLC. What matters is doing it in the right order.
Choose the state deliberately
You can form in the state where your property or business actually operates, or in a business-friendly state and register as a foreign entity where you operate. The "best state" depends on where your activity is — not on internet folklore.
Get an EIN
The Employer Identification Number is your company's tax ID. Foreign owners without a Social Security Number can still obtain one; it simply follows a specific process. The EIN unlocks banking, payments and tax filings.
Registered agent and compliance
Every LLC needs a registered agent with a physical address in the state of formation to receive legal notices, plus annual reports and any franchise fees. These are small, predictable costs — as long as you keep them current.
Banking and payments
Opening a U.S. business bank account as a non-resident has become far easier, but expect identity verification and, in some cases, an in-person or video step. With banking live, you can accept rent, pay contractors and keep clean books.
The tax conversation
How your LLC is taxed — and how that interacts with your home-country return and the relevant tax treaty — is the part worth paying a professional for. Get the structure right at formation and everything downstream is simpler.
Buying America helps foreign investors stand this up correctly the first time, then plug into the properties, funds and people already inside the community.