There are only four states that allow anonymous LLCs. Therefore your options for these are limited. However, these states are also among the states with the simplest and cheapest incorporation processes.
Wyoming, Delaware, and New Mexico allow you to form LLCs, keeping your name out of public records. Keep in mind that these LLCs are obviously not 100% anonymous. The registered agent must always know who is behind an LLC and disclose this information to the state upon request.
- Delaware does not require a list of the names of LLC members and managers. Requires a registered agent to be listed, as well as the incorporator / organizer. To maintain complete privacy it is necessary to hire third party suppliers for these services;
- New Mexico does not collect information on LLC members / managers. There is also a complete lack of annual reports, commissions or fees. Similar to Delaware, you will need third party vendors to maintain complete privacy;
- Nevada and Wyoming both allow “appointment services”. When using such services, a nominee will appear in the public records, rather than the real owners.
Side note: Regardless of the state or setting you use to incorporate your LLC, When you wish to register for an Employer Identification Number (EIN), which is required to obtain bank and payment processing, you must disclose all information to the ‘IRS. However, the IRS will be aware of the beneficial owner of the company.
How to open an llc in the USA?
At this point, I will show you step by step, how to set up your LLC, receive the EIN from the IRS, open bank accounts remotely and finally how to get payment processing (Stripe) and Paypal, so you can start billing. your customers. The steps you need to follow can be summarized as follows:
- Decide the status of your LLC;
- Choose a name and compare it with your state database;
- Use a service provider to open the LLC and act as a registered agent;
- Apply for an EIN;
- Open bank accounts and request payment processors.
Requirements for forming and managing an LLC
Tax code for your company – ein: employer identification number
The EIN (Employer Identification Number) is a unique 9-digit number assigned to your company by the IRS. The EIN is used to identify a company for tax purposes with the IRS. Think of it as a social security number for your business.
This number is required to meet the formation requirements for your LLC. Having an EIN is also virtually non-negotiable when opening a bank account or applying for commercial accounts with payment processors such as Stripe or Paypal.
How to get an ein as a non-resident without ssn or itin
To apply for an EIN, you must complete the SS-4 form “Application for an employer identification number”. To get an EIN, you need three things:
- A trade name;
- A business address in the United States;
- A brief explanation of the main commercial activity and the main product or service that the company will offer or sell.
Bank accounts for a foreign owned LLC
A company without a bank account is not a real company. In addition to receiving wire transfers, paying bills and invoices, you will also need a bank account to use for your business accounts and payment processors.
So one of the most important questions to ask is where and how to get good bank accounts. In the USA there are two categories:
- Traditional banks, such as Bank of America, Chase, and so on
- Neo-banks, like TransferWise
Traditional banks generally have higher requirements and internal compliance guidelines. Typically, such accounts cannot be opened remotely. The owner or manager of the company must appear in person.
Opening an account with fintechs and “neo-banks” companies is generally easier. Their KYC requirements are lower and there are several options that can be done remotely.
Remote account opening
As part of the Know-Your-Customer (KYC) guidelines, traditional banks will require that a company representative appear in person at a branch. However, there are some fintech companies that will allow you to verify without having to be physically present.
As of December 2020, there are three fintechs opening accounts with US bank details for non-resident LLC owners, remotely.
Opening US accounts in person
When you really move to the United States, opening accounts for your LLC becomes easy enough. There are literally hundreds of options available, including many of the big banks like Chase, Wells Fargo, Bank of America, TD Bank, and many more.
LLC to start a business while remaining in Italy: can it be done?
At this point in the reading I’m sure you are seriously considering a USA LLC for your business. Alongside the information I have given you so far, you must keep in mind that there are regulations in Europe (and in Italy) that bind resident subjects in setting up companies abroad.
In recent years, many digital entrepreneurs who do not have a physical place of business but work online have decided to open companies in the United States and manage their business from there. This, considering all the tax advantages that there are for non-resident subjects who decide to incorporate an LLC.
Since the possibility of opening an LLC is extremely easy, this has led over the years to give the impression that opening a company in the US and reducing the tax burden is, by and large, completely legal.
The problem of fictitiously incorporated companies abroad
You must know that if the company is fictitiously established abroad, that is, the company is foreign-dressed, you risk incurring a tax assessment from Italy. If you believe that it is enough to set up the company, open the registered office to operate from Italy and not pay taxes in the United States and in Italy, you are making a mistake.
In a situation like this, there are very significant risks on the Italian side, both for the foreign company and for the entrepreneur who manages it from Italy. In fact, should the Italian financial administration become aware of this situation, it would certainly have something to say about the company you opened in the United States.
This dispute would materialize in an assessment notice for tax inversion of the company, with the contestation of the higher taxes that have not been paid in Italy. These are penalties ranging from 120% to 240% (with an increase of 1/3 for foreign income) of taxes due and not paid in Italy.
It goes without saying that this is a very heavy dispute, if you consider that it can be applied for each previous annuity that is still ascertainable (in this case the last 8 years).
What to do to properly open an llc in the usa?
As you will have understood, opening an LLC in the United States is possible. However, you need to pay close attention to how you work. The risks I just told you about are concrete and real. For this reason I do not recommend improvising to set up a company abroad without the help of experienced professionals in this area.
Very often in the studio we are contacted by entrepreneurs who realized too late the risks they were running and once the Italian assessment notice arrives it is difficult to defend themselves. In these situations, it should be said, there is very little to do.
The planning of a business abroad is complex and cannot be replaced by a certainly commendable initiative, such as the one promoted by the USA.
If you find consultants who tell you that you can manage everything from Italy and open an LLC in the USA for your business, they are wrong. In this case either it is negligence, or it is a scam put in place just to sell you services that will not help you. In fact, if your situation turns out to be not regular, you will only have time counted before an investigation by Italy.