How to Form a Wyoming LLC for a Non-US Resident

One of the best ways to keep filing costs low and set up a business in the US, if you live in another country, is to form a Wyoming LLC non-US resident business.

By taking this step, you will realize a better cash flow and keep yourself protected from liability.

So, how do you get started?

Before you contact me at sam@mollaeilaw.com with your questions, read the following information. It will give you a better idea of why forming a Wyoming LLC non-US resident business may benefit you legally and financially. 

After you have reviewed the details, contact me by email at sam@mollaeilaw.com so we can discuss your business needs.

 

Why Should a Non-resident Form a Wyoming LLC non-US Resident Company?

You may be wondering why, exactly, you should form a Wyoming LLC non-US resident business if you are from another country. For one thing, you will enjoy lower taxes and Wyoming, as far as US states, provides a more business-friendly environment for residents and non-residents alike. In fact, many of the businesses that register Wyoming-based businesses are not located in the US.

Generally, the same business filing fees apply, no matter where the person lives or their country of origin. Moreover, non-residents who operate a corporation or LLC in the state of Wyoming must follow the same state laws as US residents. 

 

How Is a Wyoming LLC non-US Resident Company Established?

When you create a Wyoming LLC non-US resident company, you must go through the Secretary of State for Wyoming. Wyoming is referred to as the home base for a company or the domestic state. Your business is therefore considered a foreign entity in the other 49 US states outside of Wyoming. 

Below, the steps outline what you need to do to form a Wyoming LLC non-US resident company. Again, formation is the same for resident and non-resident alike.

Create a Name for Your Wyoming LLC Non-US Resident Company

To begin, you will need to create a name for your Wyoming LLC non-US resident company and conduct a name search on the database of Wyoming’s Secretary of State. I can help you with this step, as well as the following steps, as you will need expert legal guidance to make sure you comply legally. My email, again, is sam@mollaeilaw.com.

Secure the Services of a Registered Agent in Wyoming for Your Wyoming LLC Non-US Resident Business

Next, you will need to obtain the services of a registered agent in Wyoming for your Wyoming LLC non-US resident business. This person or business entity must be available between the business hours of 9:00 am and 5:00 pm to accept paperwork on behalf of your business. 

A registered agent must be chosen before you set up your LLC. Obtaining a registered agent is a legal requirement, so you need to make sure you find a service or person who can help you with accepting and processing your company’s documents. The registered agent must be used when you are establishing your LLC and after it has been formed.

File Article of Organization for Your Wyoming LLC Non-US Resident Company

If you are forming a Wyoming LLC non-US resident company, you need to file articles of organization for your business. Corporations file articles of incorporation.

Again, to ensure you comply legally, you need my help at sam@mollaeilaw.com. Contact me when you are ready to form your business.

A Special Note about Forming a Corporation for Foreign Investors with Small Companies – You will need my help, as many non-residents begin C-corporations in the US versus LLCs, as the rules and regulations more closely resemble their country’s rules and guidelines. Also, the company defaults to C-corporation status for tax payments to the US Internal Revenue Service (IRS) from US-derived earnings.

I can help you determine which set-up will work the best for your company. Usually, start-ups that wish to keep costs low and avoid liability, like the LLC structure. 

I can explain the differences to you when you get started. Shoot me an email at sam@mollaeilaw.com for all the details.

Obtain an Employer Identification Number or EIN for Your Wyoming LLC Non-US Resident Business

To do business and pay US taxes, you will need to obtain an EIN for your Wyoming LLC non-US resident business. After your LLC is officially formed, you can apply for this tax number. File SS-4 with the US IRS and send the form by fax or mail. A non-resident cannot apply on the IRS website or by phone. 

This may serve to be somewhat of a hassle. That is why you need my legal support. Contact me at sam@mollaeilaw.com so you can avoid any problems along these lines.

 

How Is a Wyoming LLC Non-US Resident Company Different than a Wyoming Non-resident Corporation?

At this point, you may be wondering how a Wyoming LLC Non-US resident business differs from a non-resident corporation in Wyoming? If you form an LLC, all the members own the company. However, if you choose to incorporate, or form a C-corporation, the ownership is divided into stock shares. These shares pay dividends if the company makes money.

The C-corporation is taxed twice – once on the income and another time on the stock dividends. Directors in a corporation elect officers, such as the President, Secretary, and Treasurer. The officers are appointed or elected to oversee the company’s operations. 

 

How Do You Keep Your Wyoming LLC non-Use Resident Business in Force Legally?

Whether you form a Wyoming LLC non-US resident business or incorporate as a non-resident in Wyoming, you must file an annual report. This report is filed, yearly with the Secretary of State’s office. Regardless of your citizenship status, the report costs $50.

 

When Is the Annual Report Due for Wyoming LLC Non-US Resident Businesses?

An annual report is due, each year, on the first day of the month, your Wyoming LLC non-US resident business was formed. If you do not have this report filed, the Secretary of State’s office will dissolve the entity. 

You definitely do not want this to happen. That is why you need to seek legal guidance and direction from an experienced business attorney in the US, such as myself.

Email me at sam@mollaeilaw.com about maintaining your business entity as a non-resident or a resident in the US.

 

What Other Legal Requirements Should Be Followed for Opening and Establishing a Wyoming LLC Non-US Resident Company?

Besides submitting the required paperwork and obtaining a registered agent, you will also need an attorney’s help for some other start-up activities for your Wyoming LLC non-US resident company.

Opening a Bank Account in the US

You will need to open a bank account in the US if you want to do business in the US. This can be difficult to do if you don’t have the support of a lawyer. I can help with these details as well.

You can start by emailing me at sam@mollaeilaw.com for further information.

Paying Taxes in the US

You cannot set up an S-corporation if you do not live in the US and do business here. Therefore, you must choose to be taxed, in most cases, as a C-corporation, partnership, or LLC.

As a non-resident in Wyoming who owns an LLC, you are taxed only on the income you earn from US sources. Therefore, the income that comes from other countries will not be taxed. However, initially, you still must pay taxes on US-based income at a 30% tax rate.

You will file these taxes with the US IRS on IRS form 1040-NR, If the amount due is less than the initial 30% taxed rate, you will receive a refund. To ensure the tax is being paid properly, you will need to get help from a tax withholding agent to make sure the correct tax is paid.

Because of this one tax mandate, many non-residents elect to either form a corporation as a non-resident or conduct business solely outside the US. If you take this approach, you will not need to pay the IRS any tax.

 

What Happens Next?

If you wish to set up a Wyoming LLC non-US resident business, you will find that, by contacting me at sam@mollaeilaw.com, you will realize the following benefits:

• You will get your filings and start-up steps handled confidentially and privately, with no hassles or confusion. I can answer all your questions in this respect.
• The filings will be faster, as the Secretary of State’s office is familiar with my firm.

As you can see, you can realize your non-resident business goals of establishing a business in the US. You just need to learn more about what entity is right for you.

That is where I can help – now and as you grow in your business. Once more – I am always available to help.

Contact me today at sam@mollaeilaw.com with your inquiries.