Can a Non-US Resident Form a US LLC Without an SSN?
Yes, you can form a US LLC and get its EIN without an SSN or ITIN. Here's what you actually need, how to apply for the EIN by phone, fax or mail, and what comes after formation.
By IncorpLab™ Team · Last checked against the IRS Instructions for Form SS-4 (Rev. December 2025) on October 14, 2026
Short answer: Yes. A non-US resident can form a Wyoming or Delaware LLC and get its EIN without an SSN or ITIN. The state filing doesn't ask for one, and the IRS issues EINs to international applicants by phone, fax or mail, with "Foreign" written in the SSN/ITIN field of Form SS-4.
Key takeaways
- Forming the LLC with the state requires no SSN, ITIN or US residency.
- The IRS online EIN application needs an SSN, ITIN or EIN, so non-US founders apply by phone, fax or mail instead.
- On Form SS-4, write "Foreign" on line 7b, where the responsible party's SSN or ITIN would go.
- Only international applicants can get an EIN by phone: +1 267-941-1099.
- Owning a US LLC comes with yearly filings, including Form 5472.
In this guide: What you need · Forming the LLC · The EIN without an SSN · Step by step · After formation · FAQ
What does a non-US founder need to form a US LLC?
A passport, proof of your home address, a registered agent in your LLC's state, and an available company name. You don't need an SSN, an ITIN, US residency or citizenship, or a trip to the US.
The passport and proof of address are usually requested by your formation provider or registered agent to verify who you are. The state itself mainly needs your company name and registered agent.
Do I need an SSN to form the LLC with the state?
No. A Wyoming LLC is formed by filing Articles of Organization, and a Delaware LLC by filing a Certificate of Formation. Neither asks for an SSN or ITIN, and neither requires the owner to live in the US. What both states do require is a registered agent: a person or company with an address in that state, who receives official legal documents for the LLC.
Not sure which state to choose? Wyoming is known for low yearly fees and privacy, and Delaware for its business law. We compare them in detail in our guide to Wyoming vs Delaware for non-US residents.
How do I get an EIN without an SSN or ITIN?
Apply with Form SS-4 by phone, fax or mail, and write "Foreign" on line 7b where the SSN or ITIN would go. The IRS online application isn't available to you, because it needs an SSN, ITIN or EIN for the responsible party.
- Phone: only international applicants can get an EIN by phone. Call +1 267-941-1099 (not toll-free) during US Eastern weekday hours. The EIN can be issued during the call.
- Fax: send the completed, signed Form SS-4 to 304-707-9471 from outside the US, or 855-215-1627 from inside the US.
- Mail: Internal Revenue Service, Attn: EIN International Operation, Cincinnati, OH 45999. This is the slowest route.
The "responsible party" on Form SS-4 must be a person, not a company, who controls the LLC, which is usually you. The IRS issues only one EIN per responsible party per day.
Step by step: from anywhere to a US LLC
- Choose a state. Most non-US founders choose Wyoming or Delaware.
- File with the state, naming your registered agent.
- Get the EIN with Form SS-4, once the state has approved the LLC.
- Stay compliant: the Wyoming Annual Report or Delaware Annual Tax, registered agent renewal, and your federal filings.
What comes after formation?
An LLC has yearly obligations even with no income. Foreign-owned single-member LLCs usually file Form 5472 with a pro forma Form 1120 every year, due April 15. Wyoming LLCs file an Annual Report each year, Delaware LLCs pay a $400 Annual Tax by June 1, and the registered agent must be renewed.
A US LLC and EIN also let you apply for US business bank accounts and payment services, but each provider makes its own decision on every application.
Frequently asked questions
Can a non-US resident own a US LLC?
Yes. Neither Wyoming nor Delaware requires LLC owners to be US citizens or residents.
Do I need an ITIN to get an EIN?
No. Write "Foreign" on line 7b of Form SS-4 and apply by phone, fax or mail.
Can I apply for an EIN online without an SSN?
No. The online application requires the responsible party to have an SSN, ITIN or EIN.
Do I have to visit the US to form an LLC?
No. State filings and the EIN application can be done entirely from abroad.
Who is the responsible party on Form SS-4?
The person who controls the LLC and its funds, usually the owner. It must be an individual, not another company.
How IncorpLab can help
We form Wyoming and Delaware LLCs for non-US founders and apply for the EIN directly with the IRS by phone. Your EIN typically arrives 1–3 working days after state approval; the IRS sets the final timeline. See our formation packages, with state fees shown separately from ours.
This article is general information, not tax or legal advice. IncorpLab is a private document preparation and filing service and is not affiliated with the IRS or any state. You can file with the state and apply for an EIN with the IRS yourself at no cost.
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