Wyoming LLC for non-US residents: Form 5472, banking and tax (2026)

A Wyoming LLC is a cheap, legitimate way for a non-US founder to get a US legal entity, a US EIN, US business banking and US payment processing. It is not a tax haven. A single-member LLC is generally ignored for US income tax, so the tax question moves to wherever you personally live and work, and there are US filings with a $25,000 penalty if you miss them.

Last checked: September 2026

In short:

  • Forming a Wyoming LLC costs a $100 filing fee and the annual report is at least $60, and non-residents also need a registered agent with a physical address in Wyoming.
  • A foreign-owned single-member LLC must file a pro forma Form 1120 with Form 5472 attached, and the IRS penalty for failing to file Form 5472 is $25,000.
  • A Wyoming LLC is not a tax haven: a single-member LLC is generally ignored for US income tax, so the tax question moves to wherever the owner personally lives and works.

What it costs to form and keep

According to the Wyoming Secretary of State’s fee schedule:

  • Articles of Organization: $100 filing fee.
  • Annual report: the greater of $60 or two-tenths of one mill on the dollar ($0.0002) of the company’s assets located and employed in Wyoming. For a typical online business with no Wyoming assets, that’s $60.
  • Due date: annual reports are due on the first day of the anniversary month of formation. If you haven’t paid within 60 days of the due date, the entity can be dissolved.

You also need a registered agent. The state’s form says the registered agent “must have a physical address in Wyoming.” Non-residents almost always pay a commercial registered agent for this, which is an extra annual cost. Shop around, and read the renewal terms.

Getting an EIN without an SSN

You’ll need an Employer Identification Number (EIN) for banking, Stripe and IRS filings. The IRS’s Form SS-4 instructions give international applicants three routes:

  • Phone: 267-941-1099, 6:00 a.m. to 11:00 p.m. Eastern, Monday to Friday. The caller must be authorised to receive the EIN.
  • Fax: 304-707-9471 from outside the US (855-215-1627 from inside).
  • Mail: Internal Revenue Service, Attn: EIN International Operation, Cincinnati, OH 45999.

If the responsible party has no SSN or ITIN and isn’t eligible for one, the instructions say to enter “foreign” or N/A on line 7b. You don’t need an ITIN just to get an EIN.

The filing most people miss: Form 5472 and pro forma 1120

A single-member LLC owned by a foreign person is a “foreign-owned US disregarded entity.” The IRS treats it as a corporation for one purpose: reporting transactions with its foreign owner and other related parties. Per the Form 5472 instructions, these entities must file a pro forma Form 1120 with Form 5472 attached by the due date, including extensions.

This applies even if the LLC owes no US tax, and often even if the only “transaction” was you putting money in or taking money out.

The penalty is severe. The IRS instructions state that “a penalty of $25,000 will be assessed on any reporting corporation that fails to file Form 5472 when due.” If the failure continues more than 90 days after IRS notice, another $25,000 applies for each 30-day period. Budget for a preparer who does these every year.

BOI reporting: largely gone for US LLCs

The Corporate Transparency Act’s beneficial ownership (BOI) reporting was narrowed sharply in March 2025. FinCEN’s interim final rule of 26 March 2025 redefined “reporting company” to exclude domestic entities. FinCEN then issued a final rule on 11 August 2026, effective 14 August 2026, making the exemptions permanent.

A Wyoming LLC is a domestic entity, so it doesn’t file BOI reports, even with a foreign owner. BOI reporting now applies only to foreign entities registered to do business in the US. Check Beneficial Ownership Information Reporting | FinCEN.gov if you see older advice telling you to file.

How it’s taxed: pass-through and “effectively connected income”

A single-member LLC is disregarded by default, so its income is treated as yours. As a non-resident alien, you owe US federal income tax on that income mainly if it is effectively connected income (ECI). The IRS describes ECI as US-source income connected with a US trade or business, taxed at the same graduated rates as US citizens. A foreign person generally has to be engaged in a US trade or business to have ECI. The IRS says personal services need to be “considerable, continuous and regular” to count.

In practice, a founder who lives and works entirely outside the US, with no US office, staff or agents, often has no ECI and no US tax to pay, provided the filings are made. That’s fact-specific: US inventory, staff or time spent working in the US can change it.

Why it’s not a tax haven for most people

Zero US tax does not mean zero tax. Three things follow you home:

  • Your personal tax residence. If you’re tax resident somewhere with worldwide taxation, a disregarded LLC’s profits are usually taxable to you there, often as if you’d earned them directly. Some countries instead treat the LLC as an opaque company, which creates mismatches. Get local advice.
  • Management and control tests. Many countries treat a company as resident where it’s really run. The UK’s test, for example, looks at where “central management and control actually abides.” If you run the LLC from your laptop in a country with this kind of rule, the LLC itself may become tax resident there.
  • CFC rules. Countries with controlled foreign company rules can tax their residents on low-taxed profits kept in foreign companies they control.

Banking and payments

  • Mercury accepts international founders for companies formed in the US. It needs a physical address; registered agent addresses, PO boxes and UPS Store addresses aren’t accepted. Some countries and business types are prohibited. Mercury is a fintech, not a bank; banking is provided by partner banks that are FDIC members. In 2026 Mercury began asking some customers for proof of US business operations (for example a recent US utility bill) and says it may restrict or close accounts that can’t show it, so have a plan B such as Relay or Wise Business (US LLC for non-residents (2026): Delaware vs Wyoming vs New Mexico).
  • Relay accepts US businesses owned by non-US persons if the business has “an operating presence in the U.S.” It requires a physical US address (no PO boxes or virtual mailboxes) and applies enhanced due diligence to foreign owners.
  • Wise Business verifies US businesses with an EIN and photo ID for non-US owners. It doesn’t accept registration agencies, mail forwarding or virtual addresses, and it can’t onboard businesses from Nevada or US territories.
  • Stripe requires owners and representatives of US companies without an SSN or ITIN to provide their local non-US tax ID and documentation showing they aren’t a US taxpayer.

The common thread: a registered agent address alone often isn’t enough, so sort out your physical address before you apply.

Related: Why banks close digital nomads’ accounts, and which are safer bets · Wise vs Revolut for digital nomads: fees, limits and when you need a local bank · Where to incorporate as a digital nomad: US LLC, UK, Estonia, UAE · Wise Business account review (2026): fees, eligibility and risks · US LLC for non-residents (2026): Delaware vs Wyoming vs New Mexico

Related guides: US expat taxes (2026): filing, FEIE, FBAR and catching up · Holding company for founders (2026): how it works and where to set one up · Banks that accept non-US and non-resident addresses (2026): member list · Payment processors and merchant of record (2026): Stripe, Paddle, Polar

Quick answers

Q: How much does a Wyoming LLC cost for a non-US resident?
The Wyoming Secretary of State charges a $100 filing fee for Articles of Organization. The annual report fee is the greater of $60 or $0.0002 per dollar of Wyoming assets, which is $60 for a typical online business. Non-residents also pay a commercial registered agent, which is an extra annual cost.

Q: Do non-US owners of a Wyoming LLC pay US tax?
A single-member LLC is disregarded by default, so its income is treated as yours. As a non-resident alien you owe US federal income tax mainly on effectively connected income. A founder living and working entirely outside the US, with no US office, staff or agents, often owes no US tax, provided the filings are made.

Q: Does a Wyoming LLC need to file a BOI report?
No. FinCEN’s March 2025 interim final rule excluded domestic entities from BOI reporting, and a final rule effective 14 August 2026 made the exemptions permanent. A Wyoming LLC is a domestic entity, so it doesn’t file, even with a foreign owner. BOI reporting now applies only to foreign entities registered to do business in the US.

Sources

Over to you: If you run a Wyoming LLC from abroad, how does your country of residence treat it, as transparent or as a company? And which bank approved you, and what did you use as your physical address?