In Short: Forming a US LLC From Nigeria
A Nigerian resident can form and own a US LLC entirely online, with no US visa, Social Security number or visit. The work splits into two sets of rules: US filings and Nigerian foreign exchange and tax rules.
- Who can form one: any Nigerian citizen or resident. The US places no citizenship or residency requirement on LLC owners.
- Best state for most founders: Wyoming, at $100 to form and $60 a year, or New Mexico, at $50 to form with no annual report.
- EIN: no SSN or ITIN is needed. The IRS accepts Form SS-4 by fax or mail, and BusinessAnywhere files it for $97.
- US tax filing: a single-member LLC owned by a non-US person files Form 5472 with a pro forma Form 1120 every year. The IRS penalty for missing it starts at $25,000. No BOI report is due.
- Nigerian rules: money moves through an authorised dealer bank under the CBN Foreign Exchange Manual, and residents report worldwide income under the Nigeria Tax Act 2025.
- Cost with BusinessAnywhere: $197 in year one for a Wyoming LLC with the EIN, and $207 a year after.
A US LLC gives a Nigerian founder a US company to invoice US clients in dollars, sell on US marketplaces and apply to US payment processors. Stripe serves Nigeria through Paystack rather than its standard US platform, so a US company with a US bank account is the route to US payment rails. Forming one takes four steps: pick the state, file the company, get the EIN and open a bank account. Keeping it in good standing means one state filing and one federal filing a year, plus your Nigerian tax return.
This guide covers both sides: the US filings and the Central Bank of Nigeria and Nigeria Tax Act rules that apply to residents of Nigeria from 2026.
US LLC From Nigeria at a Glance
| Who can form | Any Nigerian citizen or resident; no US visa, SSN, ITIN or visit required |
|---|---|
| Recommended states | Wyoming ($100 to form, $60 a year) or New Mexico ($50 to form, no annual report) |
| Registered agent | Required in the state of formation; BusinessAnywhere includes year one free, then $147 a year |
| EIN | Form SS-4 by fax or mail without an SSN; BusinessAnywhere files it for $97 |
| US federal filing | Form 5472 with a pro forma Form 1120 each year for a single-member LLC |
| BOI report | Not required; FinCEN exempts companies formed in the US |
| Nigerian rules | CBN Foreign Exchange Manual (2026), Nigeria Tax Act 2025, annual return by March 31 |
| Year-one cost with BusinessAnywhere | $197 for a Wyoming LLC with the EIN |
Can a Nigerian Resident Own a US LLC?
Yes. No US state requires an LLC owner to be a US citizen or resident, and the whole process runs online. You need a passport, a US registered agent in the state of formation and, for most banks, a US business address. You do not need a US visa to own the company. A visa matters only if you plan to work in the United States in person.
Owning the LLC and working inside the US are different questions. Running the company from Lagos, Abuja or Port Harcourt and selling to US customers is ownership. Moving to the US to run it requires a visa that permits work.
Step 1: Choose the Right State
Form the LLC in the state where it does business. For a Nigerian founder selling online with no US office or staff, that is any state you choose, so the choice comes down to cost and upkeep. A low yearly state cost matters more when every dollar is bought with naira.
| State | Formation fee | Yearly state cost | Best for |
|---|---|---|---|
| Wyoming | $100 | $60 minimum annual report | Most non-resident founders: low cost, strong privacy |
| New Mexico | $50 | No annual report | The lowest ongoing state cost |
| Delaware | $110 | $300 annual LLC tax | Founders raising venture capital, who form a Delaware corporation instead |
| Your US operating state | Varies | Varies | Founders with a US office, staff or warehouse there |
See the full breakdowns of Wyoming LLC costs, New Mexico LLC costs and Delaware LLC costs.
Step 2: File the LLC and Appoint a Registered Agent
- Pick a name and check it is available in the state’s business search, such as the Wyoming business search.
- Appoint a registered agent with a street address in the state. The agent receives lawsuits and state notices for the company. You cannot act as your own agent from Nigeria.
- File the Articles of Organization with the Secretary of State and pay the state fee.
- Sign an operating agreement. Banks ask for it, and it records who owns the company. Co-founders set out each member’s share here.
- Save the stamped articles; you need them for the EIN and the bank.
Use your name exactly as it appears on your Nigerian international passport on every filing, and keep the same order of first, middle and last names throughout. BusinessAnywhere files the LLC for $0 plus the state fee, includes the first year of registered agent service and renews it at $147 a year. Standard filing takes 10 to 14 working days, or 5 days for $57 and 2 days for $77.
Step 3: Get an EIN Without an SSN
The EIN is the company’s US tax number. Banks, payment processors and marketplaces ask for it. Without an SSN or ITIN you cannot use the IRS online application, so the request goes on Form SS-4 by fax or mail, with “Foreign” entered on the line for the responsible party’s tax number. A faxed SS-4 takes 4 to 6 weeks to come back from the IRS.
You do not need an ITIN to get an EIN. BusinessAnywhere’s EIN application service prepares and files Form SS-4 for $97 for owners with or without an SSN. You need an ITIN later only if you file a US personal return, and BusinessAnywhere’s ITIN application partner handles that.
Step 4: Open a US Business Bank Account
Several US fintech banks open accounts for non-resident owners online. They ask for the stamped articles, the EIN letter, the operating agreement, your passport and a US business address. Use the same address, phone number and spelling of your name on every application; mismatches are the most common reason accounts are declined. Each bank keeps its own list of supported countries, so confirm Nigeria is on it before you apply.
A registered agent address is not a mailing address for most banks. A virtual mailbox gives the company a US street address with mail scanning, from $20 a month billed annually. See our business banking options for founders outside the US. US clients and platforms that pay the LLC ask for a W-8BEN-E for a foreign-owned LLC or a W-9, depending on how the LLC is classified.
Nigerian Rules: CBN Foreign Exchange Regulations
Money moving between Nigeria and your US LLC falls under the Central Bank of Nigeria Foreign Exchange Manual (4th edition, May 2026). The manual sets three rules that shape how a Nigerian founder funds and runs a US company:
- Payments abroad go through a bank: residents make payments to persons outside Nigeria on application, with documentation, through an authorised dealer bank. Form A covers payments for service transactions.
- Service export income is recorded: receipts for services exported by Nigerian residents, including ICT, digital, professional and business services, are remitted through an authorised dealer bank, which captures them against your invoices, contracts and evidence of the inflow.
- Records follow the money: keep the LLC’s invoices, the operating agreement and the bank statements on file for every transfer in or out.
Formation fees, the registered agent and the EIN service are payments for services, paid by card or from a domiciliary account. Pay from an account in your own name, never through a third party or a parallel-market dealer, so every transfer has a bank record. Capital you send to the LLC as an investment needs the documentation your bank asks for, so confirm the route with your bank and a chartered accountant before the first transfer.
US Tax Filing: Form 5472 and the Pro Forma 1120
A single-member LLC owned by a non-US person is a disregarded entity for US income tax, but it still files Form 5472 with a pro forma Form 1120 every year. The return reports transactions between you and the company, including the money you put in and take out. It is due by April 15 for a calendar-year company, and the IRS penalty for missing it starts at $25,000. An LLC with two or more members is a partnership by default and files Form 1065 instead.
An LLC with no US office, staff or US-based work by the owner does not owe US federal income tax when its income is not effectively connected with a US trade or business. Confirm that this applies to you before you rely on it. BusinessAnywhere’s US LLC tax filing service prepares and files Form 5472 with the pro forma Form 1120 for $497 a year. Our guide to Form 5472 and the pro forma 1120 walks through the return line by line.
No beneficial ownership (BOI) report is due. FinCEN’s final rule, effective August 14, 2026, exempts all companies formed in the United States, including LLCs owned by non-US persons. See the FinCEN BOI page.
Nigerian Tax: The Nigeria Tax Act 2025
The Nigeria Tax Act 2025 took effect on January 1, 2026. It replaced the Personal Income Tax Act and the Companies Income Tax Act, and the federal tax authority is now the Nigeria Revenue Service (NRS), formerly FIRS. Five rules matter for a US LLC owner:
- Residency: you are resident if you have a domicile, permanent home or habitual abode in Nigeria, spend 183 days or more in Nigeria in any 12-month period, or have substantial economic or family ties there.
- Worldwide income: residents are taxed on income from every country, whether or not it is brought into Nigeria. Personal income tax runs from 0% on the first ₦800,000 to 25% above ₦50 million a year.
- Management and control: the Act treats a foreign-incorporated company that is effectively managed or controlled from Nigeria as a Nigerian company, taxed on its global income. Review how and where the LLC’s decisions are made with your adviser.
- No US treaty: Nigeria has no income tax treaty with the United States; the IRS list of US tax treaties does not include Nigeria. Tax paid abroad is credited up to the Nigerian tax on the same income.
- Annual return: resident individuals file within 90 days of the year end, by March 31, with the State Internal Revenue Service of the state where they live.
How the LLC’s income is classified in Nigeria depends on your facts, so work it out with a chartered accountant. For planning across both countries, BusinessAnywhere offers a tax and residency consultation.
What a US LLC From Nigeria Costs
| Item | Year one | Each year after |
|---|---|---|
| Wyoming state fee | $100 formation | $60 annual report |
| Registered agent (BusinessAnywhere) | Free | $147 |
| EIN (BusinessAnywhere) | $97 | None |
| Total, formation and upkeep | $197 | $207 |
| Form 5472 filing (BusinessAnywhere, optional) | $497 for the formation year, due the next April | $497 |
| Virtual mailbox (optional) | $240 | $240 |
Compare providers in our roundup of the best LLC formation services.
Common Mistakes Nigerian Founders Make
- Skipping Form 5472 because the LLC earned nothing. The filing is due whether or not there was income.
- Moving money through third parties or the parallel market, which leaves no bank record of the transfer.
- Assuming US formation keeps the income out of Nigerian tax. Residents report worldwide income, and an LLC managed from Nigeria can count as a Nigerian company.
- Spelling your name differently on the articles, the SS-4 and the bank application.
- Using the registered agent address as the bank address, which most banks reject.
- Letting the agent lapse, which leads to missed state notices and, in time, administrative dissolution.
Form Your US LLC From Nigeria With BusinessAnywhere
BusinessAnywhere forms your US LLC for $0 plus the state fee, includes a free first year of registered agent service, gets the EIN without an SSN for $97 and files Form 5472 for $497 a year.
Frequently Asked Questions
Can a Nigerian citizen open an LLC in the USA?
Yes. No US state requires an LLC owner to be a US citizen or resident, and the LLC can be formed online from Nigeria without a visa or a US visit.
Do I need an ITIN to form a US LLC from Nigeria?
No. You form the LLC and get the EIN without an ITIN by filing Form SS-4 with the IRS by fax or mail. An ITIN is needed only for a US personal return.
Which state is best for a US LLC from Nigeria?
Wyoming suits most founders, at $100 to form and $60 a year. New Mexico costs $50 to form and has no annual report. Delaware suits founders raising venture capital, who form a corporation.
How much does it cost to form a US LLC from Nigeria?
With BusinessAnywhere, a Wyoming LLC with the EIN costs $197 in year one and $207 a year after, before optional services such as a virtual mailbox or Form 5472 filing.
Does a US LLC owned from Nigeria pay US tax?
A single-member LLC with no US office, staff or US-based work by the owner does not owe US federal income tax when its income is not effectively connected with a US trade or business, but it files Form 5472 with a pro forma Form 1120 every year. The penalty for missing it starts at $25,000.
Do I need to file a BOI report for my US LLC?
No. FinCEN’s final rule, effective August 14, 2026, exempts all companies formed in the United States from BOI reporting, including LLCs owned by Nigerians.
Does Nigeria tax income from my US LLC?
Yes, if you are a Nigerian tax resident. Under the Nigeria Tax Act 2025, residents are taxed on worldwide income whether or not it is brought into Nigeria. Nigeria has no tax treaty with the United States, so relief for any US tax comes from Nigeria’s unilateral foreign tax credit.
How do I move money between Nigeria and my US LLC?
Under the CBN Foreign Exchange Manual, payments abroad and receipts for services exported by Nigerian residents go through an authorised dealer bank. Use your own domiciliary account and keep the invoices and contracts behind every transfer.
This guide summarizes IRS, FinCEN, state, Central Bank of Nigeria and Nigeria Tax Act rules as of November 2026. It is general information, not legal, tax or foreign exchange advice. Confirm your position with a chartered accountant in Nigeria and a US tax professional before you invest or file. Related: forming a US LLC from India and opening a US LLC as a non-US resident.
