For the purposes of starting a US LLC, non-citizens living inside or outside of the US can both legally form a US LLC.
Meets State Requirements Some states, such as California, Delaware, Maine, Missouri, and New York, require LLCs to have operating agreements. It may jeopardize your corporate status with those states if you don't. And therefore, your liability protection is at risk.
A foreign-owned LLC is an entity in which a foreign entity owns an interest, either directly or indirectly. This can be a single owner or a group of owners. The most common example of a foreign-owned LLC is a single-member LLC owned by a foreign investor.
It is a user's guide that defines their various rights of ownership, management, decision participation, and under what circumstances they may transfer their ownership interest in the organization. An operating agreement is optional, and authorized by the North Carolina Limited Liability Company Act (“the Act”).
Once you (and the other LLC Members, if applicable) sign the Operating Agreement, then it becomes a legal document. Can I write my own Operating Agreement? Yes, but we recommend using an Operating Agreement template. An Operating Agreement is a legal document.
US LLCs that are owned by a single non-resident alien (or by some other type of non-US person, such as a non-US corporation) are required to file IRS Form 5472. Not filing the 5472 (or completing it incorrectly) can have huge negative consequences–the IRS could impose a $25,000 fine.
For most non-U.S. residents, Wyoming stands out as the best state to register an LLC due to its low costs, strong privacy protections, and supportive business environment.
In conclusion, it is possible to be a member of an LLC without ownership. This can occur in various situations, including non-owner members, manager-managed LLCs, passive members, and special purpose entities.
Foreign-owned Single Member LLCs are required to file Form 5472, “Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business.” This form collects information on transactions between the LLC and its foreign owner or other foreign-related parties.
Benefits of a single-member LLC The operating agreement allows you to make all decisions on your own as the solo member. For federal tax return purposes, all LLC business' income and business LLC's profits are reported on the owner's personal tax return. You do not need a separate tax return for the business's profits.