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The LLC is a flexible business structure available in the United States, and almost anybody can register it, including non-U.S. citizens and foreign entities. Here is what you should know about eligibility and requirements toward setting up an LLC in the U.S.

Read more: Company registration in the USA

Eligibility to Register an LLC

U.S. Citizens and Residents:

U.S. citizens and residents can easily form an LLC in any state without restrictions. LLCs can have a single member, called a Single-Member LLC, or multiple members, called a Multi-Member LLC.

Non-U.S. Citizens and Foreign Nationals:

It also has the added advantage that an LLC can be formed and fully owned by non-U.S. citizens who do not need to obtain U.S. residency or a special visa. Therefore, LLCs are appealing for international entrepreneurs that want to set up a business in the United States. However, under U.S. tax law, there may be special requirements that apply to foreign members, including filing certain IRS forms and addressing withholding taxes.

Requirements for Forming an LLC

Registered Agent :

Every LLC is required to designate a registered agent with an address in the state of formation. This said agent can then be made responsible to receive any form of legal documents addressed to the LLC.

State-Specific Requirements:

Each state has its own rules regarding the establishment of an LLC, such as filling fees and compliance matters. Delaware and Wyoming are considered among the friendliest business states.

Employer Identification Number (EIN):

The LLC must obtain an EIN for tax purposes from the IRS; this can be obtained by both citizens and non-citizens alike. In a nutshell, United States citizens, residents, and foreign nationals may all file an LLC, as long as they meet the specific state requirements and appoint a registered agent.

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