- Select a State.It is usually advisable to form an LLC in a state without state taxes, so you only have to handle US federal taxes.
- Name Your LLC. Every state has its own rules about what kinds of names are allowed for LLCs. Your name must include the phrase «limited liability company,» or one of its abbreviations (LLC or L.L.C.).
- Hire a Registered Agent. A registered agent is a person or business that sends and receives legal papers on your behalf.
- File Your LLC With the State
- Create an LLC Operating Agreement. An operating agreement is not required in most states, but it’s a good practice to have one. An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.
- Get an EIN. You need to obtain an Employer Identification Number (EIN), which is a tax ID for your LLC.
- Get a Physical US Mailing Address. You’ll need a physical address in the state you choose; this is necessary to open a bank account and for LLC formation.
- Open a US Bank Account. After you have successfully established your business in the US, you will need to set up a US bank account.
- Prepare for US Tax Filing. The US Internal Revenue Service (IRS) creates the tax code and regulations for LLCs. A foreigner-owned LLC is taxed based on how many members the LLC has.
To officially file an LLC, you will need to file your documents with the state. The most common name for this document is «Articles of Organization.» It is also known as a Certificate of Formation or Certificate of Organization.