Best US State to Form an LLC if You Live Abroad

If you live outside the US and you're forming an LLC to sell on Amazon, run a SaaS, hold real estate, or just open a Stripe account — congrats, you have an unusual advantage: no home state to default to.

US residents usually have to register in their home state (where they actually operate) and possibly form somewhere else for asset protection. Non-residents skip that complication entirely. The cheapest, most flexible state wins.

Three states get 95% of the non-resident LLC market: Wyoming, Delaware, and New Mexico. Here's how they actually compare.

Wyoming: the default answer for most non-residents

• Filing fee: $100
• Annual report: $60 minimum (scales with Wyoming assets — for non-resident LLCs with no WY assets, you pay the minimum)
• Anonymity: members not on public filings. Your name is invisible to anyone Googling the LLC.
• Asset protection: charging order is the sole remedy for creditors. Among the strongest LLC protections in the US.
• State income tax: none
• Best for: general-purpose non-resident LLC. E-commerce, SaaS, holding companies, real estate.

Delaware: only if you need the case law

• Filing fee: $110
• Annual franchise tax: $300/yr flat
• Anonymity: members not on public filings
• Court of Chancery: the most developed business case law in the US. Predictable rulings on LLC disputes, fiduciary duties, dissolution.
• Best for: entities raising US venture capital (VCs almost always want Delaware), large holding structures, situations where you expect litigation.

New Mexico: the cheapest, but watch the tradeoffs

• Filing fee: $50 (cheapest in the US)
• Annual report: not required
• Franchise tax: none
• Anonymity: members not on public filings — and unlike Wyoming, even the manager doesn't have to be public
• Case law: less developed than DE or WY. If you get sued, the outcome is less predictable.
• Best for: holding LLCs where you just need anonymous ownership and minimal ongoing cost. Skip for operating businesses with real liability exposure.

Quick comparison table

• Year 1 total cost (filing + agent + annual): NM ~$200 · WY ~$260 · DE ~$510
• Ongoing annual cost: NM ~$100 · WY ~$160 · DE ~$410
• Anonymity: all three offer it. NM is the most anonymous (no manager required on filing).
• Asset protection: WY > DE > NM (case law strength)
• Banking acceptance: all three work with most US business banks. DE has the longest history, so older banks may know it best.
• Stripe / Mercury / Wise acceptance: all three work.

Why a real US address matters even more for non-residents

Wherever you form, you'll need a registered agent in that state (a $50–$150/yr service). But that's a legal address only — it's not where your actual business mail goes.

For day-to-day operations, you need a real US business address separate from your registered agent. This is where almost every non-resident gets blocked:

• Stripe wants a US business address that isn't a registered agent or PO Box
• Mercury, Relay, Brex all require a real street address on the application
• Amazon Seller Central verifies the address against postal databases
• USPTO trademarks require a real domicile address that isn't a PO Box
• State tax registrations often need a physical presence address

Our LA address (5062 Lankershim Blvd) is the operating address for a few hundred non-resident LLCs. We forward mail internationally, scan IRS notices the day they arrive, and notarize Form 1583 remotely so you don't have to fly to LA.

The decision tree, simplified

• You want the cheapest, least-paperwork setup for a holding LLC: New Mexico
• You want general-purpose anonymous LLC for an active business: Wyoming
• You expect to raise US venture capital: Delaware (and you'll probably need a C-corp, not an LLC)
• You're a foreign real-estate investor: Wyoming for the parent, then a state-specific LLC for each property
• You sell on Amazon FBA from abroad: Wyoming + a real US business address (see our Amazon FBA address guide)

What you still need after filing

Forming the LLC is the easy part. The full non-resident setup is: form LLC → get EIN (yes, non-residents can get one — Form SS-4 by fax, takes 2-4 weeks) → open US bank account (Mercury and Wise both bank non-resident LLCs) → set up a real US address for operations (us) → register for state sales tax if you sell physical goods. None of these require a Social Security number.