Country GuidesOctober 14, 20269 min readBy Daniel Sato

How to Start a US LLC From Brazil as a Non-Resident

A step-by-step guide to forming a US LLC from Brazil: choosing a state, getting an EIN without an SSN, banking, US filings, and Brazilian tax points.

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You can start a US LLC from Brazil without a visa, an SSN, or a trip to the US. Most Brazilian founders form in a low-cost state like Wyoming or New Mexico, get an EIN, and open a US business bank account online. The two things to plan for are the yearly IRS filing for foreign-owned LLCs and how Brazil taxes income and assets you hold abroad.

Bottom line

  • Where to form: Wyoming or New Mexico, unless you are raising venture capital. Then look at Delaware.
  • What you need: a valid passport, a US registered agent and address, and an EIN. Your CPF is useful in Brazil but the IRS doesn’t need it.
  • The ongoing work: Form 5472 with a pro forma Form 1120 each year in the US, plus your Brazilian declarations, done with a contador.

Can a Brazilian resident start a US LLC?

Yes. US states don’t require LLC owners to be US citizens or residents, so a Brazilian citizen living in São Paulo can own 100% of a US LLC. What you do need is a US registered agent and a US mailing address in the state where you form.

A US LLC (limited liability company) is a business entity formed under one state’s law. It separates your personal assets from the company’s debts. For a non-resident, its practical value is access to US payment processors, US marketplaces, and clients who want to pay a US company in dollars.

The LLC lets you own a US business. It does not let you work in the US. Running the company from Brazil is fine. Doing the work physically inside the US needs a visa, which is a separate process.

Step 1: Choose the right state

Brazilian founders who sell online should usually form in Wyoming or New Mexico, because both are cheap to run and simple to maintain. You don’t need to form in the state where your customers live.

Here’s how the common choices compare:

Factor Wyoming New Mexico Delaware
State filing fee $100 (Wyoming Secretary of State) $50 (New Mexico Secretary of State) Check the Delaware Division of Corporations
Annual state filing Annual report, $60 minimum No annual report for LLCs Flat annual LLC tax due every June 1
Owner privacy Owners not listed in public filings Owners not listed in public filings Owners not listed in public filings
Best for Ecommerce, SaaS, freelancers, agencies Founders keeping fixed costs as low as possible Startups planning to raise venture capital
Weakest point Annual report fee every year Fewer banks and investors know it Highest yearly cost of the three

If you’re torn between the two cheaper options, read our Wyoming vs New Mexico LLC breakdown. For a wider comparison, see the best state to form an LLC for non-residents.

Step 2: Form the LLC with a formation service

The easiest route from Brazil is a formation service. It files your Articles of Organization, acts as your registered agent, and gives you a US address for official mail. You can file with the state yourself, but you’ll still need a registered agent in that state.

Bizee (formerly Incfile) is a low-cost formation service that works well for Brazilian founders who want to keep setup costs down. It handles the state filing and can serve as your registered agent. Always check the current pricing page, since add-ons and state fees vary.

Start your LLC with Bizee

When you file, you’ll choose:

  • Company name. It must be available in your state and end with “LLC” or “Limited Liability Company.”
  • Management structure. Most single-owner companies pick member-managed.
  • Registered agent. This is the person or company that receives legal notices for your LLC in the state.

A registered agent is a person or business with a physical address in the formation state who accepts lawsuits and official notices for the LLC. Our guide on what a registered agent is covers it in more detail.

After you file, write an operating agreement even if you’re the only owner. Banks often ask for one, and it records that you own 100% of the company.

Step 3: Get an EIN without an SSN

You can get an EIN (Employer Identification Number) from Brazil without an SSN or ITIN. File Form SS-4 with the IRS by fax or mail, or let your formation service apply for you.

An EIN is the federal tax ID the IRS gives a business. You’ll need it to open a US bank account, sign up for payment processors, and file your annual IRS forms.

The IRS online EIN application generally requires an SSN or ITIN, so most Brazilian founders apply with a paper SS-4. Fax gets an answer much faster than mail. If you don’t have a fax machine in Brazil, an online fax service works. We walk through the process in how to fax Form SS-4 from abroad and how to get an EIN without an SSN.

You generally do not need an ITIN to run a US LLC that has no US-source income. Our guide on ITIN vs EIN for non-residents explains when you would need one.

Step 4: Open a US business bank account and payment processing

Most Brazilian founders open a US business account with an online bank or fintech that accepts non-resident owners. You’ll usually need your formation documents, your EIN letter, your operating agreement, and your passport.

Approval depends on each bank’s rules about where owners live and what the business does. Have a clear description of your business and a website ready, because banks ask about both. Our guide to US business bank accounts for non-residents covers what to prepare.

Once you have the bank account, you can connect US payment processors and marketplaces. See payment processing for non-resident LLCs for the options.

When you move money from the US account to Brazil, the transfer goes through a foreign exchange operation. IOF (Imposto sobre Operações Financeiras) applies to foreign exchange in Brazil, and the rate depends on the type of transaction. Ask your bank or contador which rate applies to how you plan to move funds.

Step 5: Know your US filing obligations

A single-member LLC owned by a Brazilian resident with no US trade or business usually owes no US federal income tax. It still has to file Form 5472 with a pro forma Form 1120 every year.

Form 5472 is an IRS information return that reports transactions between a foreign-owned US company and its owner. That includes money you put into the LLC and money you take out. The IRS penalty for not filing starts at $25,000 per form, according to the Form 5472 instructions. That’s why this filing matters more than any other.

Your yearly US checklist usually looks like this:

  1. Form 5472 + pro forma 1120. Due each year to the IRS. Our Form 5472 guide walks through it.
  2. State annual report or tax. This depends on the state, for example Wyoming’s annual report.
  3. Registered agent renewal. Keep it active or the state can dissolve your LLC.

If you sell physical products stored in the US, sell to US customers with a US team, or have other US activity, your US tax position can change. See US LLC taxes for non-residents and our annual compliance checklist.

Step 6: Handle the Brazilian side

Brazil taxes its residents on worldwide income, so owning a US LLC doesn’t take your income out of Brazilian tax. Brazil and the US have no comprehensive income tax treaty. Plan your setup with a Brazilian contador before money starts flowing.

Points to raise with your contador:

  • How Brazil classifies your LLC. The US may treat a single-member LLC as a “disregarded entity,” but Brazil can treat it as a foreign company. That affects how and when profits are taxed.
  • Offshore entity rules. Law 14.754/2023 changed how Brazilian residents are taxed on foreign investments and controlled offshore entities. Ask how those rules apply to your LLC.
  • Income tax declaration. Your LLC interest and foreign bank balances belong on your annual Declaração de Imposto de Renda (DIRPF).
  • Central Bank reporting. The Central Bank of Brazil requires the CBE (Capitais Brasileiros no Exterior) declaration when your assets abroad are above its reporting threshold. Check the current threshold on the Banco Central website.
  • Carnê-Leão. If you pay yourself from the LLC as an individual, monthly tax collection rules may apply.

This is general information, not tax or legal advice. Confirm your setup with a CPA in the US and a contador or attorney in Brazil.

What does it cost to start a US LLC from Brazil?

Most Brazilian founders spend a few hundred dollars to form a Wyoming or New Mexico LLC, counting the state fee and a registered agent. After that, expect yearly costs for the registered agent, state filings, and tax preparation.

The state fees are low: $100 in Wyoming and $50 in New Mexico, according to each Secretary of State. Formation service packages, registered agent renewals, and accountant fees add to that. Paying a contador for Brazilian compliance is a separate cost that many founders forget to budget.

For a line-by-line breakdown, see how much a US LLC costs for non-residents and US LLC annual costs.

Who should start a US LLC from Brazil

A US LLC makes the most sense for:

  • Freelancers and agencies with US clients who want to invoice a US company and get paid in dollars.
  • Ecommerce and Amazon sellers who need a US entity for marketplaces. See US LLC for Amazon FBA as a non-resident.
  • SaaS and digital product founders who need US payment processors and app stores.

It makes less sense if all your customers are in Brazil and pay in reais. In that case, a Brazilian company such as an MEI or LTDA is usually simpler. A US LLC also won’t lower your Brazilian taxes on its own. Its value is access to markets, not tax savings at home.

FAQ

Do I need to travel to the US to form an LLC from Brazil?

No. You can form the LLC, get an EIN, and open many US business bank accounts entirely online from Brazil. Some traditional banks require an in-person visit, but online banks that accept non-residents usually don’t.

Do Brazilians need an ITIN to own a US LLC?

Usually not. You can get an EIN for your LLC without an SSN or ITIN by filing Form SS-4. You may need an ITIN later if you have US-source income that requires a personal US tax return.

Does a Brazilian-owned US LLC pay US taxes?

A single-member LLC with no US trade or business usually owes no US federal income tax. It must still file Form 5472 with a pro forma 1120 every year. Its income is still taxable in Brazil, so plan with a contador.

Which state is best for a US LLC owned from Brazil?

Wyoming and New Mexico are the most common picks because their fees are low and they keep owners’ names out of public filings. Delaware fits better if you plan to raise venture capital from US investors.

Start your US LLC from Brazil

The order is simple: pick Wyoming or New Mexico, form the LLC with a registered agent, get your EIN by SS-4, open a US bank account, and set up your Form 5472 and Brazilian filings before your first sale. A low-cost formation service takes care of the first two steps in one go.

Form your US LLC with Bizee and check the current pricing page for your state. If you’re still comparing services, read our Bizee review first.

Tools mentioned in this article

Bizee (formerly Incfile)

Low-cost LLC formation

llc formationTry Bizee (formerly Incfile)

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