A US company with almost nothing to file each year
A New Mexico limited liability company, formed for people who do not live in the United States. Registered agent included for the first year, operating agreement drafted, and the EIN application filed with the IRS — including the part that cannot be done online without a social security number.
Why New Mexico
Most people arrive asking for Delaware, because it is the name they know. Delaware earns its reputation with investors and share classes; if you are one person invoicing clients, what you inherit is a franchise tax bill every year for a structure you are not using.
New Mexico does the opposite. There is no annual report to file with the state and no franchise tax on an LLC, so once it exists, it largely leaves you alone. The members' names are not published in the state filing either, which is privacy from casual searching — not from banks, and not from tax authorities, who see everything regardless.
What is done for you
| What | When |
|---|---|
| Name availability check with the Secretary of State | Before filing |
| Articles of organization filed | A few business days |
| Registered agent with a physical New Mexico address | First year included |
| Operating agreement, single or multi-member | With the filing |
| Certificate of organization | On issue |
| EIN application prepared, signed and filed with the IRS | After formation |
| Business account application, prepared and introduced | Once the EIN arrives |
The EIN is the part that takes time
The company can exist within days. The EIN — the federal number every bank asks for — is the slow step, and the one most formation services are vague about. If you have no social security number, the online application is closed to you: the form is signed and sent to the IRS international unit, and the answer comes back in weeks.
Two things are worth knowing before you start. The confirmation letter is issued once and never reissued, so it is kept safe from the first day. And a second application for the same company creates a second number, which then has to be cancelled by post — so it is filed once, correctly.
One annual obligation that is not optional. A foreign-owned single-member LLC must file Form 5472 with a pro forma 1120 every year, even with no revenue and no activity. The penalty for missing it is 25,000 dollars. It is said here, before you buy, because the cost of hearing it later is the whole point.
What this is not
- Not tax advice. Where your income is taxed depends on where you live and where the company is managed. Ask a qualified adviser in your own country before you file.
- Not anonymity. The state filing does not publish members, but banks, payment providers and tax authorities all identify you. Treat it as privacy from strangers, nothing more.
- Not a guaranteed bank account. The application is prepared and introduced. Approval belongs to the provider.
- Not a way to escape reporting at home. Most countries require residents to declare foreign companies. Plan on that basis.
Questions people actually ask
Why New Mexico rather than Delaware or Wyoming?
Because of what you do not have to do afterwards. New Mexico requires no annual report and charges no franchise tax on an LLC — Delaware bills a franchise tax every year, Wyoming requires an annual report. New Mexico also does not publish the members' names in the public filing. For a one-person company with no investors, the upkeep is simply lower.
Do I need to be American, or have a US address?
No. A New Mexico LLC can be formed and owned by someone with no US residence, no social security number and no US address. What you do need is a registered agent with a physical address in the state, which is arranged for you and included for the first year.
How long does it take, and what about the EIN?
The LLC itself is usually filed within a few business days. The EIN — the federal tax identification number banks ask for — is a separate step with the IRS. Without a social security number it cannot be requested online: the form is signed and faxed to the IRS international unit, and the answer takes weeks rather than days. That is the real timeline, and you are told it up front rather than after payment.
Will I be able to open a US bank account?
Several providers open business accounts for foreign-owned LLCs once you have the EIN and the formation documents. What is arranged here is a prepared application and an introduction — not a guarantee. Traditional branch banking in the United States generally expects you to appear in person, which is a different exercise entirely.
What do I have to file every year?
New Mexico itself asks for nothing annually. The federal obligations are another matter: a foreign-owned single-member LLC must file Form 5472 with a pro forma 1120 every year, even with no revenue at all, and the penalty for missing it is 25,000 dollars. Anyone who sells you a New Mexico LLC without mentioning that is not doing you a favour.
Is an LLC taxed in the United States?
A single-member LLC with no US business presence is usually treated as a disregarded entity, meaning it is not itself taxed federally — the income flows to you, and is taxed where you are resident. That is a general statement, not advice on your situation, and it is exactly the point to put in front of an accountant in your own country before you file anything.