Forming the LLC
Can a non-US resident form a Wyoming LLC?
Yes. Wyoming places no citizenship or residency requirement on LLC owners. You need a registered agent with a Wyoming street address, Articles of Organization and the $100 state filing fee. No SSN, US visa or trip to the United States is required.
Do I need an SSN to form a Wyoming LLC?
No. Forming the LLC asks for no SSN or ITIN. The EIN you apply for afterwards is also issued to non-residents without one, by filing IRS Form SS-4.
Does a Wyoming LLC need a US address?
No. The owner can live and receive mail anywhere. What the LLC does need is a registered agent with a physical street address in Wyoming, which the agent supplies. A P.O. box does not qualify.
Do I need to visit the US to form a Wyoming LLC?
No. The state filing, the EIN application and an online business bank account are all completed remotely. Nothing has to be signed in person.
Do I need a US phone number to form a Wyoming LLC?
No. A US phone number is not a formation requirement, and international numbers are accepted.
What documents do I need to form a Wyoming LLC?
Articles of Organization filed with the Wyoming Secretary of State, a registered agent appointment and a valid passport. An operating agreement is kept internally rather than filed, but banks ask to see it.
Do I need an operating agreement for a Wyoming LLC?
Wyoming law does not require one, but US banks including Mercury and Relay do before they will open a business account. For a non-resident that makes it necessary in practice.
How long does it take to form a Wyoming LLC?
The state approves online filings as soon as they are completed. For a non-resident the EIN is the slow step at 4-8 weeks by fax, so plan on 6-12 weeks from filing to a working US bank account. Wyoming does not sell expediting for online formations, and the state step is not what takes time.
Can a Wyoming LLC have more than one member?
Yes. Members can be individuals or companies from any country. A single-member LLC is a disregarded entity for US tax; a multi-member LLC is taxed as a partnership by default, filing Form 1065 and a Schedule K-1 for each member.
Costs
How much does a Wyoming LLC cost?
Wyoming charges $100 to file and $60 a year for the annual report. The first year comes to $185 doing it yourself ($100 filing, $60 annual report and a $25 budget registered agent), or $397 with WyomingLLC.co: a $297 service fee plus the $100 state fee.
What does a Wyoming LLC cost after the first year?
With WyomingLLC.co, $250 a year from year two: $100 for the registered agent and $150 for Form 5472 and pro-forma 1120 preparation. Wyoming's $60 annual report is paid to the state on top, for $310 in total.
EIN and taxes
Can non-residents get an EIN without an SSN?
Yes. Complete IRS Form SS-4, enter "N/A" in the SSN field, and fax it to +1 304-707-9471 (855-215-1627 if faxing from within the US) or mail it to the IRS. The IRS online EIN application requires an SSN or ITIN, so it is not available to most non-residents.
Do non-residents pay US tax on a Wyoming LLC?
A non-resident owner of a single-member Wyoming LLC with no US-source income pays no US federal income tax, and Wyoming has no state income tax. The LLC still has to file Form 5472 with a pro-forma Form 1120 every year.
What is Form 5472 and who has to file it?
Form 5472 is an IRS information return that reports transactions between a US LLC and its foreign owner, such as capital contributions, distributions and loans. A foreign-owned single-member LLC files it with a pro-forma Form 1120 by April 15. The penalty for not filing is $25,000 per form, per year.
Banking and payments
Can a non-resident open a US bank account for a Wyoming LLC?
Yes, online. Mercury, Relay and Wise Business accept non-resident owners. You need the approved Articles of Organization, the EIN confirmation letter, an operating agreement and a passport, and Mercury reviews applications in 1-2 business days.
What is the best bank for a non-resident LLC?
Mercury is the best overall, with $0 monthly fees and full business checking. Relay is best for budgeting, with 20 separate checking accounts. Wise Business is best for international transfers.
What if my LLC bank account application is denied?
Denials usually trace to a missing business website, a high-risk business category, a vague business description or incomplete documents. Fix the cause before applying to another bank; a rejection at one fintech bank does not bar you from the others.
Can I use a Wyoming LLC to accept Stripe payments?
Yes. With the LLC, an EIN and a US bank account, a non-resident can open a Stripe account in the LLC's name. Stripe approves most Wyoming LLC applications within 1-3 business days.
Registered agents
What does a registered agent do for a Wyoming LLC?
A registered agent accepts lawsuits, government notices and state correspondence on behalf of the LLC at a physical Wyoming address during business hours, then forwards them to you.
Does a Wyoming LLC need a registered agent?
Yes. Every Wyoming LLC must keep a registered agent with a physical street address in Wyoming at all times. A non-resident without a Wyoming address cannot act as their own agent, so uses a professional service.
What is the best registered agent for a Wyoming LLC?
Northwest Registered Agent, at $125 a year, is the best overall for its same-day document scanning and support. Wyoming Agents, at $25 a year, is the cheapest. Registered Agents Inc waives the first year if you form through it, then charges $149.
How much does a Wyoming registered agent cost?
Between $25 and $299 a year. Budget services such as Wyoming Agents charge $25, Northwest charges $125, and enterprise providers such as CSC and CT Corporation charge $299.
How do I change my registered agent in Wyoming?
Sign up with the new agent, then mail the Secretary of State’s Appointment of New Registered Agent and Office form, with the new agent’s signed consent and a $5 check or money order. It cannot be filed by email, and processing takes up to 15 business days after the state receives it. Cancel the old agent once the change shows on the state record.
Wyoming vs other states
What is the best state to form an LLC as a non-resident?
Wyoming, for its $60 annual fee, charging order protection, lack of state income tax and member names kept out of public filings. Delaware, Nevada and New Mexico are the alternatives worth comparing it against.
Is Wyoming better than Delaware for an LLC?
For most non-residents, yes. Wyoming's annual report costs $60 a year against Delaware's $300 minimum franchise tax. Delaware's Court of Chancery matters mainly to startups raising US venture capital.
Is Wyoming better than Nevada for an LLC?
On cost, yes. Wyoming charges $100 to form and $60 a year. Nevada charges $425 to form and $350 a year, mostly because of its mandatory $200 State Business License. Neither state has an income tax.
Which states are the most expensive for an LLC?
California charges an $800 franchise tax every year, due even at $0 revenue. New York requires LLCs to publish a formation notice in two newspapers for six weeks, which costs $1,500 or more in New York City counties.
Keeping the LLC compliant
When is the Wyoming LLC annual report due?
On the first day of the month the LLC was formed, every year: an LLC formed on March 15 files by March 1. The fee is $60 for LLCs with $300,000 or less in assets.
What happens if I miss the Wyoming annual report deadline?
The LLC is marked delinquent and a $50 late fee applies. If the report is still unfiled 60 days after the due date, the state administratively dissolves the LLC. Reinstating it means filing the overdue reports and paying the outstanding fees plus a $100 reinstatement fee.
Is a Wyoming LLC anonymous?
Wyoming does not require member or manager names in its public filings. The public record shows the registered agent and the organizer, so using a professional agent keeps your own name and address off it.
How do I dissolve a Wyoming LLC?
Mail Articles of Dissolution to the Wyoming Secretary of State with the $60 fee; processing takes up to 15 business days after receipt, and the LLC must be in good standing when you file. Settle debts, close the bank account and file final returns, including Form 5472, before you file.
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