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The Daily Insight

Can a non-resident have a LLC in any state?

Author

James Craig

Published Feb 26, 2026

You have the choice between any of the 50 US states, when registering your LLC. As a non-resident with an LLC treated as a disregarded entity, some of the differences between the states become less important. Differences in state tax rates won’t matter for example, as you will aim to be not liable to pay them.

Who is a nonresident alien, single-member LLC and Form 5472?

The dual taxing regime that applies to nonresident aliens, The rules specific to ownership of real estate by nonresidents, The requirement that pertains specifically to nonresident aliens who own single-member LLCs to file Form 5472. Who Is a Nonresident Alien?

How is a LLC treated as a nonresident alien?

If you have a single-member LLC, the LLC is treated as a disregarded entity for tax purposes unless a corporate election is made. That means if you are a nonresident alien individual, you report the business or rental activity of the LLC on Form 1040NR (U.S. Nonresident Alien Income Tax Return). There is only a single level of taxation.

Who is indirectly owned by a single member LLC?

Indirectly owned means the LLC is owned by another Disregarded Entity LLC, which then owns the Single-Member LLC There are more complex examples of indirect ownership, however, that is beyond the scope of this article and you will need to speak to an accountant for assistance if you have a more complex entity structure.

Which is the best legal entity for non-residents?

US LLCs can be one of the best legal entities for non-US entrepreneurs. They enable access to all the benefits of a first world jurisdiction, such as banking, payment processing, and good reputation, while maintaining a relatively low tax rate and manageable levels of compliance requirements.

Can a non-US citizen open a LLC in the USA?

The USA can be one of the biggest tax havens in the world. A US-based LLC opened by a non-US citizen or non-resident can allow for earnings, that are completely tax-free. The setup can work for all sorts of different business models: An LLC is a pass-through or tax-transparent entity.

What makes you a non resident of the United States?

You are a non-resident alien if you are not any of the following: 1 A US citizen 2 A US permanent resident (i.e.“green card holder”), or 3 You have lived in the US enough time to pass the “substantial presence test.”