LLC Formation Service. More Australians are opening a US company without ever leaving home. A US LLC lets you sell to American customers, use US payment tools, and build credibility in the world’s largest market. The whole process runs online.
This guide walks through how to register a US LLC from Australia, what it costs, and the rules you need to follow on both sides of the Pacific.
What Is a US LLC and Why Australians Form One
An LLC, or Limited Liability Company, is a US business structure that separates your personal assets from your business debts. You do not need to be a US citizen or resident to own one. Australians can form an LLC entirely online, though owning one brings specific US tax reporting duties.
Common reasons Australian founders choose a US LLC:
- Access to US payment platforms such as Stripe, with fewer limits than the Australian version
- A US business address and bank account for American customers and suppliers
- Simpler structure than a corporation, with one layer of tax in most cases
- Stronger trust with US clients, since a local entity feels familiar to them
If your main customers are in Australia, a Pty Ltd company may still suit you better. A US LLC makes the most sense when your revenue, customers, or platform of choice sits in the United States. Our USA LLC Formation service walks Australian founders through this decision before filing anything.
Can Australians Register a US LLC Online? (Yes, Here Is How)
Yes. The entire process, from filing to getting an EIN, can be done from Sydney, Melbourne, or anywhere else in Australia. Here are the five steps.
Step 1: Pick a State
Every US state has its own LLC rules and fees. Non-US residents with no US office, store, or employees can form an LLC in any state, regardless of where they live. Wyoming and Delaware are the two most common choices for non-residents.
Step 2: Choose a Registered Agent
A registered agent is a person or company with a physical address in your chosen state who receives legal and tax mail on your behalf. Every US LLC must maintain one at all times. Since you have no US street address, you must use a professional registered agent service rather than acting as your own.
Step 3: File Your Formation Documents
You or your formation service files the Articles of Organization (called a Certificate of Formation in Delaware) with the state. Filing typically takes a few business days once submitted.
Step 4: Get Your EIN Without an SSN
An Employer Identification Number (EIN) is required for taxes and for opening a US bank account. Because you do not have a Social Security Number, you cannot use the IRS online EIN portal. Instead, you apply using IRS Form SS-4, leaving the SSN field blank and noting you are a foreign applicant. The form goes to the IRS by fax, mail, or an international phone line. This step commonly takes two to four weeks for non-residents, so most founders let a formation service handle the filing.
Step 5: Open a US Business Bank Account
Once you have your LLC and EIN, you can open a US business bank account. Many foreign-friendly fintech providers let Australians do this fully online, though some traditional banks still ask for an in-person visit.
Wyoming vs Delaware: Which State Should Australians Choose?
This is the most common question for Australian founders, and there is no single right answer.
Wyoming costs less to form and maintain. The state filing fee runs around $100, and the annual report fee sits at a $60 minimum. Wyoming has no state income tax and keeps member and manager names off public filings, which appeals to founders who want privacy and low ongoing costs.
Delaware costs more to maintain. It charges a filing fee near $90 to $110, plus a flat annual LLC tax that rose to $400 starting with the 2026 tax year. Delaware is known for its well-established business court and case law, which matters more if you plan to raise investment or expect legal disputes.
For most solo Australian founders selling to US customers or using US payment platforms, Wyoming’s lower ongoing cost makes it the more common pick. If you plan to raise venture funding later, ask your adviser about Delaware before you file, since investors are more familiar with it.
Costs to Register and Maintain a US LLC From Australia
Reported figures vary by provider, but the rough shape looks like this:
- State filing fee: around $90 to $110 one time, depending on the state
- Registered agent: roughly $50 to $300 a year
- Annual state fee: $60 minimum in Wyoming, up to $400 flat in Delaware
- EIN application: free through the IRS if filed yourself, or bundled into most formation service packages
- Estimated total annual maintenance: some providers quote figures starting near $379 a year for Wyoming and $619 a year for Delaware, covering the state fee, registered agent, and required IRS filings
These figures come from formation service providers and change over time, so confirm current pricing directly with the state and your chosen service before you commit.
Tax and Compliance Rules Australians Must Not Skip
IRS Form 5472 for Foreign-Owned LLCs
Most foreign-owned single-member LLCs must file Form 5472 with a pro forma Form 1120 every year, even with no income. This is an information return, not necessarily a tax bill. Missing this filing carries a steep penalty starting at $25,000, so mark this on your calendar the moment your LLC is approved.
Do You Need to Register With ASIC?
Generally, no. Simply owning and running a remote US LLC from Australia does not automatically require ASIC registration. This changes if your LLC starts “carrying on business” inside Australia, such as opening a local office or hiring Australian staff. Speak with an adviser if your setup includes any local presence.
ATO Rules and the Australia-US Tax Treaty
As an Australian tax resident, you are assessed on worldwide income at your marginal tax rate. Where the same income is taxed in the US, you may be entitled to a foreign income tax offset under the Australia-US tax treaty. The ATO has also confirmed that rules around a US LLC interest are complex, and it recommends tailored technical advice.
One area to watch is the controlled foreign company (CFC) rules. If you, alone or with associates, hold a controlling interest of 40 percent or more in your LLC, it may be treated as a CFC, which can change how your income is taxed in Australia. This is a genuine grey area, so get advice from a tax agent who understands both US and Australian rules before you file your first return.
How Long Does It Take?
Most Australian founders can expect this rough timeline:
- LLC formation: 3 to 10 business days, depending on the state
- EIN approval: 2 to 4 weeks for non-residents
- US bank account setup: 1 to 2 weeks after the EIN is issued
Budget around 4 to 6 weeks from start to a fully working LLC with a bank account.
How to Choose an LLC Formation Service
Ask a formation service these questions before paying:
- What is included in the price? Some quotes cover only the state filing, not the EIN or registered agent.
- Do they handle the EIN filing for foreign applicants? This step trips up many first-time founders.
- Do they explain Form 5472? A service that skips this warning is not looking out for you.
- How fast do they respond? Time zone gaps between Australia and the US can slow things down if support is limited.
- Do they offer a real US mailing address? This matters if you plan to open a bank account or receive physical mail.
How Mark X Media Can Help
Mark X Media supports Australian founders through the full setup process for a US LLC, from choosing a state through to registered agent and EIN support, as part of our broader work helping businesses grow online. Once your LLC is formed, our digital marketing, website development, and SEO optimisation teams can help you reach US customers from day one. Browse our USA LLC Formation service for details, or view our portfolio of past client work.
FAQs
Can I form a US LLC from Australia without visiting the US?
Yes. Every step, from filing your formation documents to getting your EIN, can be completed online. Some traditional banks still prefer an in-person visit for a bank account, but many online-friendly banks let you open one remotely.
Do I need a Social Security Number to get an EIN?
No. You apply using IRS Form SS-4, leave the SSN field blank, and note that you are a foreign applicant. The form is submitted by fax, mail, or an international IRS phone line rather than the standard online portal.
Which state should I pick, Wyoming or Delaware?
Wyoming generally costs less to maintain each year and keeps owner names off public filings. Delaware suits founders planning to raise investment later, since it carries a stronger reputation in legal and investor circles. Most solo Australian founders choose Wyoming for the lower ongoing cost.
Do I have to register my US LLC with ASIC?
Usually not, if you are running the business remotely with no physical office, warehouse, or local staff in Australia. If your LLC starts operating inside Australia in a real way, ASIC registration may apply, so check with an adviser.
What is Form 5472, and why does it matter?
Form 5472 is an IRS information return that most foreign-owned single-member LLCs must file every year, along with a pro forma Form 1120, even if the LLC made no money. Missing the deadline can bring a penalty starting at $25,000, so treat this as a non-negotiable annual task.
Will I be taxed twice, once in the US and once in Australia?
Not usually, thanks to the Australia-US tax treaty and the foreign income tax offset. However, the ATO has confirmed that rules around US LLC interests are complex, particularly around controlled foreign company rules. Get advice from a tax agent familiar with both countries before you lodge your first return.
Final Thoughts
Registering a US LLC from Australia is genuinely achievable in a few weeks, and the online process makes it more accessible than ever. The part founders underestimate is the ongoing compliance, especially Form 5472 and the Australian tax side. Get the setup right the first time, and get tax advice early. If you want help forming your US LLC and building your US-facing website and marketing, contact Mark X Media to get started.
