Form a US LLC with a complete operating structure
More than formation. A complete operating structure.
We coordinate state selection, EIN, banking documentation, payment rails, IRS compliance and tax residence so your LLC can operate with credibility from day one.
An LLC is a US limited-liability company
The Limited Liability Company (LLC) is one of the most widely used entities for international entrepreneurs operating with global clients from a US vehicle. It separates personal and business assets, and a domestic single-member LLC is generally classified by the IRS as a disregarded entity for federal income tax purposes unless it elects corporate treatment.
As a disregarded entity, the LLC is not a separate taxpayer from its owner for that tax. For a foreign owner, the US federal result depends on the actual activity, income source and whether there is a US trade or business or effectively connected income; the owner's tax residence also determines personal reporting obligations.
A foreign-owned US disregarded entity may need to file Form 5472 attached to a pro forma Form 1120 when reportable transactions exist. We determine the exact filing scope, organize the evidence and coordinate each submission to maintain a complete annual record.
How to structure your LLC, step by step
The actual process, no shortcuts. We work in parallel, but the timeline always respects state processing, IRS handling and bank compliance review.
1. Pick the state
New Mexico (discreet and lean), Wyoming (reinforced privacy), Delaware (VC-grade prestige) or Florida (useful if you spend time in the US). The right state depends on your business model.
2. Reserve the name and appoint a Registered Agent
We check availability with the Secretary of State and act as your Registered Agent for the first year as part of the initial structure.
3. File the Articles of Organization
We file the founding document with the Secretary of State. Wyoming usually takes 2-3 business days and New Mexico 5-7 business days; every timeline remains subject to the relevant state registry.
4. Draft the Operating Agreement
The internal operating rules of the LLC, drafted around your tax residency. This is what proves to a bank or to your home tax authority who actually owns the LLC and how profits are split.
5. Get the EIN from the IRS
We file Form SS-4 with the IRS. No SSN or ITIN is needed to start. With a complete file, the EIN often arrives in around 12 hours through the fastest available route; final timing remains with the IRS.
6. Prepare the operational banking documentation
We prioritise Relay, Revolut Business and Slash by profile. We prepare the KYC/KYB documentation, coordinate the application through direct contact and follow it through review and, once eligibility is confirmed, through approval and activation.
7. BOI Report at FinCEN (not mandatory for your LLC)
After FinCEN's final rule issued on August 11, 2026 and effective August 14, 2026, US-formed LLC owned by non-residents are out of scope: filing is not mandatory. We leave it to your choice and, for greater privacy, recommend not filing voluntarily; if your structure falls in scope as a foreign reporting company, we handle the filing with you.
8. Annual compliance
Every year we coordinate Forms 1120 and 5472 when applicable, Registered Agent renewal, Annual Reports in Wyoming or Florida, Delaware LLC annual tax and a file-specific tax review. New Mexico does not require an LLC Annual Report.
Jurisdiction is part of the structure
Wyoming, Delaware, New Mexico and Florida carry different filing duties and operating implications. We compare activity, real presence, ownership, investment plans and maintenance before recommending a jurisdiction.
New Mexico - Lean state maintenance
An LLC does not file a state Annual Report. That does not remove federal obligations or replace the analysis of activity, income source, nexus and the owner's tax residence.
Wyoming - Anniversary-based Annual Report
An Annual Report is due each year, and the state fee can depend on assets located and employed in Wyoming. It fits when the legal framework and its maintenance answer a genuine structural need.
Delaware - Established business law
An LLC does not file an Annual Report, but its annual tax is due by June 1. Its legal framework can matter for partners, investment or due diligence; it is not an automatic advantage for every business.
Florida - A more visible annual filing
An Annual Report confirms or updates addresses, registered agent and principals. Filed information becomes public, so Florida usually makes sense where there is a real operating connection to the state.
Annual obligations for a foreign-owned LLC
Even when no entity-level US federal income tax arises, the formal calendar remains active. We coordinate each filing and its evidence so the LLC retains a complete, verifiable annual record.
- Pro forma Form 1120 — the cover return used with Form 5472 when required for a foreign-owned US disregarded entity.
- Form 5472 — the information return covering foreign ownership and reportable transactions with the owner or related parties.
- Form 7004 (extension decision) — when more time is needed for 1120/5472 and the decision is made before the original deadline.
- BOI/FinCEN review — we confirm whether your structure is exempt or whether a filing applies because of foreign registration.
- State obligation — Annual Report in Wyoming and Florida; Delaware charges the LLC annual tax without an Annual Report; New Mexico does not require an LLC Annual Report.
- Registered Agent renewal — annual.
- Personal return in your country of residence — IRPF in Spain (including Modelo 720/721 when applicable), ISR in Mexico, DIAN in Colombia, etc.
Relay, Revolut Business and Slash: banking by profile
An operating LLC needs a coherent banking file. Before submission we review the activity, records, address, ownership, source of funds, countries, currencies and intended use.
We prioritise Relay, Revolut Business and Slash for clients whose profiles fit. Wise Business can add an international layer, while Mercury is included when it serves a defined role. Every account must have a clear purpose in the operating architecture.
Each provider operates under a different contractual and regulatory perimeter. We verify the contracting entity, partner bank, eligible countries and current functions, maintain direct contact during review and, once eligibility is confirmed, follow the file through approval and activation. The provider always retains the final decision.
And how do I declare it back home?
US disregarded-entity classification does not automatically determine the treatment in the owner's country of residence. Each jurisdiction applies its own rules to classify the LLC and report income, assets, accounts and distributions.
A properly coordinated structure aligns the entity, banking, contracts and owner reporting under the applicable domestic rules and tax treaty. The exact outcome depends on residence, management, activity and income source.
That is why the work does not end at formation: we maintain the US record and coordinate with the owner's local tax adviser when the engagement requires it.
Official sources for this guide
Frequently asked questions
Can I form a US LLC from Spain, Europe or Latin America?
Yes. State formation, the EIN application and the company records can be coordinated remotely without travelling to the United States. We first review residence, activity, customers and operating needs, then align the state, banking, payments and annual calendar from the outset.
Can I open a US LLC without an SSN or ITIN?
Yes. We prepare Form SS-4 with the correct responsible party and mark 'Foreign' as the applicant type. Neither the LLC nor the owner needs an SSN to form, obtain the EIN, open business banking or operate.
Which state should I pick as a freelancer or consultant?
New Mexico often fits a lean operation because it does not require an LLC Annual Report. The final choice also depends on activity, income source, nexus, public-record privacy and the owner's obligations. Wyoming can fit when asset separation carries more weight.
How long does the full process take?
Wyoming usually takes 2-3 business days and New Mexico 5-7 business days, always subject to the Secretary of State. With a complete file, the EIN often arrives in around 12 hours through the fastest available route, although final timing remains with the IRS. Banking, ITIN and additional reviews follow each authority's or provider's own timeline. Exentax prepares and coordinates every phase with agility and professional follow-up.
When can an LLC have no entity-level US federal income tax?
A foreign-owned LLC may have no entity-level US federal income tax when it has no effectively connected US trade or business and no taxable US-source income. The conclusion depends on the activity, income source and the owner's tax residence. Information filings, including Form 1120 and Form 5472 when applicable, remain part of the annual compliance calendar.
How are LLC results reported in my country of residence?
US disregarded-entity classification is not automatically imported into another tax system. Reporting depends on local classification, management, activity, income source and the owner's position. We coordinate the LLC record with the local tax adviser so the structure and reporting remain aligned.
What about Mercury if I'm in Latin America?
Mercury can fit some profiles, but we do not treat it as the default. We prioritize Relay or Slash when they match the activity, Wise Business for international money, and a clean KYC narrative so the institution understands your business.
Can the LLC bill in EUR to European clients?
Yes. Wise Business or another multi-currency layer can let you collect in EUR. The LLC bills as a US entity; VAT treatment depends on the regime in your country of residence (intra-EU B2B, OSS for B2C, etc.).
Why not open an Estonian or Dubai company instead?
Long comparison, short answer: for international freelancers without a US team, a US LLC usually wins on banking, payment rails (Stripe US), operational simplicity and credibility with your home tax authority. Estonia and Dubai make sense in specific scenarios we evaluate on the call.
If you want your LLC structured with tax judgment from day one
Strategic 30-min review: we review your activity, banking, documents and annual obligations so you know what structure makes sense before moving.