How to Form a US LLC from the UK: A Guide for British Founders

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How to Form a US LLC from the UK: A Guide for British Founders
Step-by-step guide for UK founders to form a US LLC: choose state, hire a registered agent, get an EIN, and open a US bank account.

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Yes – I can form a US LLC from the UK without a US address or SSN. In most cases, I pick a state, hire a registered agent, file the LLC, get an EIN, draft an Operating Agreement, open a US bank account, and then handle US and UK tax filing. For many foreign founders, setup takes about 2 to 6 weeks.

Here’s the short version:

  • Wyoming is often the lower-cost option for online businesses.
  • Delaware is more common for startups that plan to seek VC money.
  • I need a registered agent with a physical address in the state.
  • I can get an EIN without an SSN or ITIN, but I must use Form SS-4.
  • Banks often ask for:
    • formation documents
    • EIN letter
    • Operating Agreement
    • passport
    • proof of UK address
  • After setup, I still have to deal with:
    • state renewals
    • IRS filings
    • FinCEN BOI reporting
    • HMRC reporting in the UK

A few numbers matter right away:

  • Wyoming annual report: $60
  • Delaware franchise tax: $300
  • IRS EIN fee: $0
  • Form 5472 late-filing penalty: starts at $25,000

If I want the simple route, the flow looks like this:

  1. Choose Wyoming or Delaware
  2. Appoint a registered agent
  3. File the Articles of Organization
  4. Apply for the EIN
  5. Sign the Operating Agreement
  6. Open a US business bank account
  7. Set up bookkeeping and track filing dates

Quick comparison

Item Wyoming Delaware
Best fit Online business, e-commerce, solo founders VC-backed startup, more legal structuring
State filing fee About $100 About $90+
Annual state cost $60 $300
State income tax None None for many non-residents
Privacy High High

The main point: forming the LLC is only half the job. I also need clean documents, a bank-ready setup, and a plan for US and UK tax rules from day one.

How to Form a US LLC from the UK: Step-by-Step Process

How to Form a US LLC from the UK: Step-by-Step Process

Choose a State and Gather Your Filing Details

Start by picking your state. After that, pull together the information you’ll need for both the LLC filing and your bank application.

Wyoming vs. Delaware: Which State Works Better for UK Founders?

For most UK founders running a remote business, Wyoming is the simpler fit. Delaware makes more sense for venture-backed startups or companies with more legal moving parts.

Feature Wyoming LLC Delaware LLC
Best For Online businesses, e-commerce, consultants Startups seeking VC, complex legal needs
State Filing Fee ~$100 ~$90+
Annual State Cost $60 (Annual Report) $300 (Franchise Tax)
State Income Tax None None (for non-residents)
Privacy High – members not on public record High – members not on public record
Legal System Business-friendly courts Highly sophisticated Court of Chancery

For many UK founders, lower cost and less admin matter more than a court system built for large corporate disputes.

If your LLC has a physical office or employees in another state, you’ll also need to register there as a foreign LLC.

Documents and Details to Prepare Before You File

Before you file, get these details lined up:

  • LLC name: Check if it’s available in your chosen state’s business name database. It must include "LLC" or "Limited Liability Company."
  • Valid UK passport: This is your main ID for the filing.
  • UK residential address: Your home address in the UK, used as your personal address in the formation documents.
  • Proof of address: A recent utility bill or bank statement showing your UK address.
  • Ownership percentages: If the LLC has more than one member, decide each person’s ownership share before filing.
  • Management structure: choose between a member-managed vs. manager-managed LLC structure to decide who will run day-to-day operations.
  • Business purpose: A short description of what the business does. You’ll need this for the filing and later bank applications.
  • Registered agent details: The name and physical US address of your registered agent in the formation state.

One small thing that saves headaches later: keep three addresses separate. Use one for the registered agent and legal notices, one for mailing, and one for business operations.

With that sorted, the next step is choosing a registered agent.

How to Appoint a Registered Agent in Your Formation State

Every US LLC must have a registered agent with a physical street address in the formation state. That agent receives legal notices and official government mail. You’ll list the agent’s name and street address in the Articles of Organization.

If you’re a British founder, a professional registered agent is usually the easiest route. Look for one that offers:

  • a physical street address in the formation state
  • digital document forwarding
  • deadline reminders

That setup helps keep your UK address off public filings and makes sure someone is available during business hours to receive legal mail.

BusinessAnywhere‘s registered agent service costs $147 per year and is free for the first year when bundled with a new LLC formation.

Once the agent is in place, you can move on to filing the Articles of Organization.

File the LLC and Get Your EIN

Once your registered agent is set and your business details are ready, the next step is simple: file the LLC paperwork, then get your federal tax ID. After that, you can move into banking and tax setup.

How to File Your Articles of Organization

The Articles of Organization – called a Certificate of Formation in Delaware – officially creates the LLC. It usually includes the LLC name, registered agent, organizer’s name and address, and principal address.

You can file on your state’s Secretary of State website, or use BusinessAnywhere’s business registration service at $0 plus state fees. State filing fees usually range from $50 to $500, depending on the state.

This part sounds simple, but small mismatches can cause headaches. Make sure the LLC name, business address, and member details match exactly across the Articles, EIN application, and Operating Agreement.

After the state accepts the filing, apply for the EIN.

How to Get an EIN Without an SSN or ITIN

An Employer Identification Number (EIN) is your LLC’s federal tax ID. You need it to open a US bank account and manage IRS reporting.

If you do not have an SSN or ITIN, you must use Form SS-4 by phone, fax, or mail. The IRS online EIN application is not available in that case. For foreign applicants, the IRS usually takes 2 to 4 weeks to issue the EIN.

Hold on to the CP 575. Banks and payment processors often ask for it. If you don’t want to deal with the IRS process on your own, BusinessAnywhere’s EIN application service handles the form preparation, submission, and follow-up for $97.

With the EIN and Operating Agreement ready, you’re set to move to banking.

Why You Need an Operating Agreement and What to Put in It

The Operating Agreement is not filed with the state, but banks often ask for it to confirm ownership and signing authority.

It should spell out member contributions, management authority, profit and loss allocations, and transfer rules for membership interests. If you’re a British founder setting up a multi-member LLC, add buy-sell provisions too. These clauses explain what happens if a member wants to leave, which can help prevent ownership disputes later.

Use the Operating Agreement template, then sign and date it before starting bank applications.

Open a US Business Bank Account From the UK

With your LLC set up and your EIN issued, the next step is opening a US business bank account. This part can feel a bit more hands-on than people expect. Banks often review the founder, the business model, and the documents on their own terms. Approval is discretionary, so it pays to go in prepared.

What Documents to Prepare for Your Bank Application

Get these documents ready before you start any bank application:

Document What Banks Want
Articles of Organization / Certificate of Formation Certified copy of the filed LLC formation document
EIN Confirmation Letter (CP 575 or 147C) Official IRS letter
Operating Agreement Executed copy confirming ownership and management
Valid Passport Required for each beneficial owner with more than 25% ownership
UK Proof of Address Utility bill or bank statement, usually less than 3 months old
Business Description Detailed description of the business and website, if available

Most delays happen because names, addresses, or ownership details don’t line up across documents. And yes, even a small mismatch can slow things down.

Once your paperwork matches, the next hurdle is usually the address you plan to use.

Remote Banking Options and Address Requirements

A remote-friendly US fintech bank is often a smart place to start for UK founders. It’s built for remote setup, accepts non-resident applicants, and usually doesn’t require a minimum balance.

Banks don’t treat every address the same. Your registered agent address, mailing address, and principal business address each serve a different role. In most cases, banks want a real business address, not a P.O. box or a registered agent address. Use the business address listed in your company records, not the registered agent’s address. If you plan to use a virtual office or mailing address, check with the bank first to make sure they’ll accept it.

BusinessAnywhere’s bank account opening assistance is available as an optional add-on to their formation services.

Once the bank account is approved and active, the next piece is payment processing.

Setting Up Payment Processing After Banking

Don’t apply for a payment processor until your LLC is formed, your EIN has been issued, and your bank account is fully active. Payment processors run their own Know Your Customer (KYC) checks, so the information on your application needs to match your LLC and banking records exactly.

After the account is active, keep LLC funds separate from personal funds. Use the account only for LLC income and expenses. That separation helps protect your limited liability status.

US and UK Compliance, Costs, and Timeline

US Tax Filings, State Renewals, and FinCEN Requirements

Once your LLC is active, the clock starts ticking. If you miss a filing date, penalties can hit fast.

Requirement Due Date Who It Applies To
Form 1065 (Partnership Return) March 15 Multi-member LLCs; issue Schedule K-1s to each member
Form 5472 & Pro Forma Form 1120 April 15 Foreign-owned single-member LLCs (disregarded entities)
Wyoming Annual Report First day of anniversary month Wyoming LLCs ($60)
Delaware Franchise Tax June 1 Delaware LLCs ($300)
FinCEN BOI Report After formation; updates for changes Most LLCs – file after formation and update when ownership changes.

One deadline stands out: the Form 5472 penalty starts at $25,000 if you fail to file, even when no tax is due.

UK Tax Reporting for British Owners of a US LLC

After the US side, there’s the UK side to deal with too: HMRC reporting.

If you live in the UK, HMRC taxes your worldwide income. That includes profit from your US LLC, which you report through Self Assessment. How HMRC treats the LLC matters a lot. It may view the LLC as transparent or opaque, and that changes how you report profits, withdrawals, salary, capital gains, and foreign exchange gains or losses.

This is where people can get tripped up. Your US tax treatment does not decide how HMRC will treat the LLC. A qualified adviser with cross-border experience can check how your setup fits HMRC rules.

Estimated Costs, Timeline, and Final Setup Checklist

Here are the main costs to plan for before you file.

Item One-Time Cost Annual Cost
State Filing Fee $50–$500 (state dependent) –
Registered Agent Included in some bundles $100–$300
EIN Application (IRS fee) $0 –
Wyoming Annual Report – $60
Delaware Franchise Tax – $300
Tax Preparation (Form 5472/1120) – $500–$2,000+
BusinessAnywhere US LLC Tax Filing – $700/year

The BusinessAnywhere US LLC Tax Filing service covers Form 5472 and pro forma Form 1120 preparation and filing, plus one review call. EIN preparation is a $97 add-on.

To wrap up your setup and keep everything on track, focus on these items:

  • File your FinCEN BOI report after formation is confirmed
  • Track USD income and FX in your bookkeeping software
  • Calendar annual deadlines for state reports, registered agent renewals, and federal filings
  • Track registered agent renewal and state fees

FAQs

Do I need to visit the US to form an LLC?

No. You can set up a US LLC from the UK without traveling to the United States. That includes filing the formation paperwork, getting an EIN, and opening a business bank account.

If you don’t have a physical US address, you’ll need to appoint a registered agent in the state where you form the LLC. The agent must have a physical address there and will receive legal and official mail on your behalf.

Can I use my UK home address for my US LLC?

You do not need a U.S. address to own a U.S. LLC.

That said, you usually can’t use your UK home address as the LLC’s official business address.

Every U.S. LLC must have a registered agent with a physical street address in the state where the LLC is formed. And for banking and business mail, you’ll also need a legitimate U.S. business address. Banks generally won’t accept P.O. boxes or foreign addresses for that purpose.

What taxes will I owe in the US and the UK?

As a UK resident, your taxes depend on where the income comes from and your tax residency status. Most US LLCs are pass-through entities, which means the LLC itself usually doesn’t pay federal income tax.

If you have no US-source income, no US employees, and no physical presence in the US, you may owe $0 in US federal income tax. That said, you may still need to file Form 5472 and Form 1120.

On the UK side, you’re usually taxed on your worldwide income. So even if the US doesn’t charge federal income tax, the UK may still tax that income. Because of that overlap, it’s smart to check the US-UK tax treaty rules with a cross-border tax professional.

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About Author

Picture of Rick Mak

Rick Mak

Rick Mak is a global entrepreneur and business strategist with over 30 years of experience in international business, finance and company formation. Since 2001, he has helped register tens of thousands of LLCs and corporations across all 50 U.S. states for founders, digital nomads and remote entrepreneurs. He holds degrees in International Business, Finance and Economics, and master's degrees in Entrepreneurship and International Law. Rick has started, bought or sold over a dozen companies and has spoken at hundreds of conferences worldwide on offshore structuring, tax optimization and asset protection. His work has been featured in Business Insider, Yahoo Finance, Street Insider and Mirror Review. As Manager of BusinessAnywhere, Rick shares guidance drawn from decades of cross-border business experience. To learn how we keep our content accurate, read our editorial guidelines.

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