A US company for a non-resident is not about low taxes. It is about access to the American market, payment infrastructure and venture capital. The USA makes sense when running a business without a US entity is either technically impossible or not taken seriously by your target audience. From our experience: 70% of clients who come to us asking about a US company have one of three reasons - they need Stripe, they need American investors, or they need US company status to work with American corporate clients. If none of these apply, the USA is most likely not the optimal choice.
LLC for non-residents - when it works and when it creates problemsA Delaware LLC or Wyoming LLC for a non-resident is a popular solution for online businesses, consultants, digital agencies and SaaS projects without a physical presence in the USA. An LLC can be incorporated entirely remotely in 1-3 business days. The state filing fee is USD 90 in Delaware and USD 100 in Wyoming - the fastest starting point of all three jurisdictions.
The tax logic for a non-resident-owned LLC works as follows: an LLC is by default a pass-through entity, meaning tax is paid at the owner level rather than the company level. If a non-resident is the sole owner and the company conducts no business on US soil and has no American clients, no federal corporate tax liability arises. But this only holds when all conditions are met simultaneously. From our experience: clients who incorporate an LLC without tax advice misclassify their income source 60% of the time and create tax obligations they could have avoided entirely.
Obtaining an EIN (employer identification number) for a non-resident without an SSN takes 4 to 8 weeks via the SS-4 postal form, or faster through an authorised agent. Without an EIN you cannot open a bank account, connect Stripe or work with American payment systems. This needs to be factored into your launch timeline from day one.
Wyoming LLC has a clear advantage over Delaware for smaller operational companies: no state corporate income tax, minimal reporting requirements and lower annual maintenance costs - from USD 50 per year versus USD 300 franchise tax in Delaware. From our experience: for clients with no plans for venture funding, a Wyoming LLC costs an average of USD 400-600 less per year than an equivalent Delaware structure with identical functionality.
Delaware C-Corp for startups and venture investmentDelaware C-Corp is the standard structure for startups raising venture capital or planning to access the American capital markets. Major US venture funds and accelerators - Y Combinator, a16z and Sequoia among them - work predominantly with Delaware C-Corps and frequently require this structure as a condition of investment. For this particular scenario, there is no real alternative.
A C-Corp allows you to issue multiple classes of shares, grant stock options to your team, raise capital through SAFEs and convertible notes, and pursue an IPO or M&A transaction under US law. The corporate tax rate at the C-Corp level is 21% at the federal level plus state tax - in Delaware that is 8.7% on income derived from in-state activity. Dividends are taxed again at the shareholder level - this is the double taxation characteristic of a C-Corp, as distinct from an LLC.
From our experience: startups that incorporate a Delaware C-Corp early and structure their cap table correctly from day one save between USD 20,000 and USD 50,000 in legal fees at their first investment round - investors have no reason to require a restructuring before closing the deal.
US limitations: tax complexity, banking compliance and the real cost of maintenance for non-residentsThe cost of maintaining a US company as a non-resident and the complexity of tax compliance are two factors that most clients significantly underestimate at the outset.
Tax complexity is the defining difference between the USA and both Hong Kong and Cyprus. The American tax system operates on multiple levels: federal tax, state tax, sales tax (rates vary by state and depend on the type of product or service), and withholding tax on payments to non-residents. A US LLC owned by non-residents may still have annual federal filing obligations even if the company has little or no activity. Depending on whether the LLC is treated as a disregarded entity or a partnership, the required filings may include Form 5472 with a pro forma Form 1120, Form 1065, state filings and other compliance documents. Penalties for missed filings can be substantial, so the tax filing route should be determined before incorporation.
Opening a US bank account remotely is a genuine challenge for non-residents. Traditional American banks - Chase, Bank of America and Wells Fargo - require an in-person branch visit and documentation confirming a connection to the USA. Remote options include Mercury, Relay and Brex - but these have restrictions based on the owner's country of origin and business type. From our experience: non-residents without a US address or SSN typically spend 2 to 4 months opening an account at a traditional bank and must visit in person. Fintech solutions are faster but come with transaction limits and functionality restrictions.
Reporting and annual costs - for an LLC, the minimum maintenance package includes: registered agent from USD 50 to USD 150 per year, annual state report from USD 50 to USD 300, tax return preparation from USD 500 to USD 1,500 with a US accountant. For a C-Corp, costs are higher: accounting and tax compliance from USD 2,000 to USD 5,000 per year, corporate secretary, annual board meeting minutes, Delaware franchise tax from USD 400 per year for a small company.
The USA is the right fit if you need Stripe or American payment systems, you are raising venture capital from US funds, your primary clients are American corporations that prefer working with a US entity, or you plan to physically operate in the American market. If none of these conditions apply, the tax complexity and maintenance costs of a US company will outweigh its benefits.
For more detail on LLC and C-Corp incorporation for non-residents, current requirements and timelines - visit our
company registration in the USA page.