Form an LLC or corporation with the state, ownership and tax route matched to how your business will actually operate. HSJGlobal supports US founders, non-residents and overseas companies with formation, EIN coordination, registered-agent arrangements and the first compliance calendar.
If you will operate from one US state, forming there is often more practical than choosing Delaware or Wyoming simply because they are well known. If you are based overseas, those states may still be suitable—but only after checking customers, employees, inventory, fundraising plans and tax exposure.
State registration creates the entity. It does not by itself guarantee a bank account, payment-platform approval, limited tax exposure or permission to conduct a regulated activity.
EIN, licences, tax classification, banking and annual compliance need their own plan.
A useful recommendation starts with where the business is managed, where it has people or premises, what it sells and whether outside investment is expected.
If you work, employ staff, hold inventory or maintain premises in one state, that operating state is usually the first jurisdiction to test. Forming elsewhere may add foreign-qualification filings rather than remove local obligations.
A US LLC can support international services, software or e-commerce, but the decision should include EIN access, information returns, banking evidence and tax rules in both the United States and the owner's home country.
A Delaware C corporation is often considered when institutional fundraising, preferred shares, option plans and a familiar investor-governance framework matter more than the lowest annual state cost.
An overseas parent may form a US subsidiary or register the foreign company to do business. Liability separation, contracts, transfer pricing, payroll and the intended US footprint usually decide which route is workable.
The legal entity and its tax classification are connected, but they are not the same decision. Start with ownership, liability, fundraising and governance before looking for a tax label.
| Route | Often suitable when | Federal tax starting point | Main point to check |
|---|---|---|---|
| Limited Liability Company | Closely held businesses, professional services, e-commerce, property projects or flexible ownership arrangements. | A single-member LLC is generally disregarded and a multi-member LLC is generally a partnership unless an eligible election changes the classification. | Owner residency, income source, state nexus and foreign-owner information reporting can change the filing position. |
| C corporation | Investor-backed startups, businesses issuing shares or options, and operations that want a separate corporate taxpayer. | The corporation generally files Form 1120 and pays federal corporate income tax, with state taxes considered separately. | Governance, payroll, franchise tax, shareholder distributions and investor documents require more administration. |
| Foreign qualification or foreign corporation registration | An existing US or overseas entity is already doing business in another US state and does not need a new subsidiary for commercial reasons. | Tax treatment depends on the existing entity, its US activities and any applicable treaty position. | The business may have filings and fees in both its formation jurisdiction and each state where it is qualified. |
For many US founders, the state where the business is genuinely operated is the practical choice. The SBA notes that a company active in another state may need foreign qualification there and may pay taxes and annual-report fees in both states.
Compare the total of the formation state, every operating state, registered-agent cost, tax filings and licences. The cheapest formation fee can produce the more expensive structure.
Usually the first choice for a US-based small business with founders, employees, inventory or premises in that state.
Often considered by non-resident or location-independent LLC owners. The current state filing fee is US$100; the annual licence tax starts at US$60.
Common for venture-backed C corporations. A Delaware LLC currently costs US$110 to form and, under the 2026 fee change, carries a US$400 annual tax.
Florida, Texas, California, New York and other states may be the correct answer when the commercial activity, staff, property or licensing obligation is there.
You do not need a finished business plan. You do need consistent answers to the points that appear across the state filing, EIN application, operating documents and later bank or licence applications.
The certificate is an important milestone, not the finish line. We separate the work into stages so you know what is controlled by the state, the IRS, a bank or another authority.
Map owners, locations, activity, employees, inventory, fundraising and target customers.
Compare liability, governance, tax classification and possible foreign qualification.
Settle the company name, registered agent, filing data and operating or corporate documents.
Submit the formation or qualification filing and respond to state comments if any arise.
Use the correct IRS route for the responsible party and principal place of business.
Address banking, licences, sales tax, payroll, bookkeeping and the annual filing calendar.
Depends on the state, filing method, expedited service and whether the filing is returned for correction.
The IRS says eligible US online applicants may receive an EIN immediately. International applicants use phone, fax or mail; fax processing is generally about four business days and mail about four weeks, subject to delays.
Timing depends on provider KYC, activity, address evidence, state or local authorities and industry approvals.
Separate government charges from professional work and recurring compliance. A low filing fee does not show the full first-year cost.
| Cost item | Current reference point | What changes the amount |
|---|---|---|
| State formation filing | The SBA says registration is under US$300 in most cases. Wyoming LLC is US$100; Delaware LLC is US$110. | State, entity, pages, share structure, expedited service and certified copies. |
| Registered agent | Provider fee quoted separately unless a package expressly includes it. | State, service level, mail handling and renewal terms. |
| EIN | Free when obtained directly from the IRS. A service fee only covers preparation and coordination. | Domestic online eligibility or international phone, fax or mail route. |
| Annual state cost | Wyoming starts at US$60. Delaware LLC annual tax is US$400 under the 2026 fee change; Delaware corporation franchise tax varies. | State, entity, assets, authorised shares, foreign qualification and late filing. |
| Tax, licences and operations | Quoted after the activity and operating states are known. | Sales-tax nexus, payroll, city or county licences, regulated activity and accounting volume. |
Government amounts above are stated in US dollars because the agencies charge in US dollars. They were reviewed on 7 September 2026 and should be reconfirmed before filing.
The IRS treats an LLC according to the number and type of owners and any tax election. A single-member LLC is generally disregarded for federal income tax, while a multi-member LLC is generally treated as a partnership unless an election applies. That classification does not answer where the owner or income is taxable.
For non-resident owners, US trade or business activity, effectively connected income, US-source income, treaties, employees and assets all matter. A C corporation generally pays federal corporate income tax and may also face state tax.
See how ongoing compliance support is organisedA foreign-owned US disregarded entity that has a reportable transaction generally files Form 5472 with a pro forma Form 1120. The IRS penalty for failing to file a complete and correct Form 5472 starts at US$25,000.
Annual reports, franchise taxes, sales tax, payroll, business licences and foreign qualification depend on where and how the company operates—not only where its certificate was filed.
FinCEN's final rule of 11 August 2026 exempts entities created in the United States and US persons from BOI reporting. Certain foreign-law entities registered to do business in a US jurisdiction may still need to report.
Banks and payment providers run their own KYC, sanctions, fraud and commercial-risk reviews. Some accept remote applications; others require a US visit, an eligible country of residence or stronger evidence of US activity.
A registered-agent address is for legal service of process. It should not be presented as a genuine operating address when a provider asks where the company is managed or conducts business.
Review business bank account opening supportRequirements vary by provider and country. HSJGlobal can prepare and coordinate an application but cannot guarantee acceptance.
These are starting fees for HSJGlobal's professional work. Government charges and third-party services are shown separately in the written quotation.
For a founder who already knows the entity, state, owners and operating plan.
For an overseas founder who needs the formation, EIN route and ownership records coordinated together.
For a startup preparing a Delaware C corporation for founders, shares and future investment.
Most avoidable problems begin before the certificate is issued. A short pre-filing review is usually cheaper than restructuring later.
You may still need registration, tax and annual filings in the state where you actually operate.
The owner, tax election, income source and activities determine the filing position.
A registered-agent address, mailing address and real operating address perform different roles.
The bank makes a separate decision and may request evidence the state never asked for.
State reports, franchise tax and foreign-owner information returns can arise even before meaningful revenue.
Owners abroad may also have tax-residence, controlled-company or disclosure duties at home.
Agency procedures and state fees change. These are the primary sources we check before confirming a route or quotation.
These answers cover the starting point. Your operating state, owners, activity and tax residence can change the result.
In many cases, yes. A non-US resident can own a US LLC or C corporation, subject to state rules, regulated-industry restrictions and tax requirements. The company needs a registered agent in its formation state, and the owner should confirm the EIN, banking and reporting route before filing.
There is no universal best state. A founder operating from a US state will often form there to avoid duplicate foreign-qualification costs. A non-resident without a fixed US operating state may consider Wyoming, while an investor-backed startup often considers a Delaware C corporation.
An SSN is not always required. International applicants whose principal place of business is outside the United States cannot use the IRS online EIN application, but may apply by phone, fax or mail using Form SS-4. The IRS issues EINs free of charge.
No. An LLC is a state-law entity, while its federal tax treatment depends on its owners, elections, income source and business activities. State taxes, sales tax, payroll obligations and the owner's home-country tax rules may also apply.
Sometimes. Some banks and financial platforms accept remote applications, while others require a US visit or additional evidence. Approval remains the provider's decision and depends on ownership, business activity, countries involved, address evidence and source of funds.
Under FinCEN's final rule issued on August 11, 2026, entities created in the United States and US persons are exempt from BOI reporting. Certain entities formed under foreign law and registered to do business in a US jurisdiction may still have reporting duties.
We can help you compare the state and entity, coordinate formation and the EIN route, and set out what must happen after registration. If a different structure or operating state is more practical, we will say so before filing.
A short summary is enough. Please do not send passports through the initial enquiry form.
Tell us what support you need, from company setup and banking to accounting, tax and ongoing compliance.