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Ahmad Ashrafi
October 31, 2026

How to Open a U.S. LLC and Bank Account from Abroad

State, EIN, bank account and the filings that trigger penalties: the steps and the risks for a foreign owner.

How to Open a U.S. LLC and Bank Account from Abroad

A U.S. LLC is easy to form: in a few days, for a few hundred dollars, a foreign owner can register one without traveling. The hard part comes after: getting the EIN, opening the bank account and keeping up with annual filings, where a missed form can cost a $25,000 penalty. And an LLC on its own usually does not protect against U.S. estate tax.

Step by step

  • 1. Choose the state. For a Florida property, a Florida LLC is usually simplest. An LLC from another state, such as Delaware or Wyoming, that owns Florida property generally must also register in Florida.
  • 2. Register the company. In Florida, filing costs about $125 and the annual report about $139, with a late fee. You need a registered agent with an address in the state.
  • 3. Sign an operating agreement. It defines members, powers and what happens if a member dies. Succession planning starts here.
  • 4. Get the EIN. The company's tax number, requested from the IRS on Form SS-4. Without a U.S. personal tax number, it cannot be requested online; it goes by fax, mail or phone and takes longer.
  • 5. Open the bank account. Many banks require an in-person visit, passport, EIN, formation documents and the operating agreement. Some serve foreign owners remotely, with more requirements.

The filings that trigger penalties

  • Form 5472 and pro forma 1120: a single-member LLC owned by a foreign person must file every year, even with no activity. The penalty for not filing is $25,000.
  • State annual report: without it, the company can be administratively dissolved.
  • Rental income: if the LLC rents out property, there are U.S. income tax filings, and usually filings in your home country.
  • Beneficial ownership: since March 2025, companies created in the U.S. are exempt from FinCEN beneficial ownership reporting. Confirm the rule in force when you form the company.

What an LLC does not solve

  • U.S. estate tax. A single-member LLC is usually disregarded for U.S. income tax, and its estate tax treatment needs case-by-case analysis. See U.S. estate tax for foreign nationals.
  • Taxes at home. Your country may treat the LLC differently from the U.S. Define it with your accountant before forming.
  • Personal banking. Mixing personal and company expenses weakens the liability protection the LLC offers.

How we look at it

An LLC is a tool, not a strategy. Before forming one, we define the goal (management, liability, succession or taxes) and who will handle the filings every year. A simple, well-kept structure is worth more than a sophisticated one that gets forgotten.

Frequently asked questions

Can a foreigner open a U.S. LLC without a visa?

Yes. No visa or U.S. residence is required to own an LLC.

How much does it cost to keep an LLC?

Besides state fees, budget for a registered agent and accountants in the U.S. and at home, usually a few thousand dollars a year.

Do I need an LLC to buy property in Miami?

No. You can buy in your own name. An LLC makes sense depending on your goal and the size of your U.S. assets.

Infinity⁹ is an Exempt Reporting Adviser with the SEC, CRD# 330526. Infinity⁹ is not a law firm or a tax adviser. This content is educational and does not constitute legal, tax or investment advice, or an offer of securities. Fees and rules reflect October 2026 and may change. Consult lawyers and accountants in the U.S. and in your home country before forming a company.

Sources

  • IRS, Form SS-4 and Form 5472 instructions
  • Florida Division of Corporations (Sunbiz), LLC fees
  • FinCEN, March 2025 interim final rule on beneficial ownership reporting
WRITTEN BY

Ahmad Ashrafi is Founder and CEO of Infinity⁹ in Miami and Chief Investment Officer of A9 Family Office. Since 2012 he has managed capital for Latin American families, today more than 75 families across 10 countries. He studied at Babson College, with specializations at Harvard in family office wealth management and at MIT in real estate investment, and is a member of the Forbes Finance Council.

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