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Forming a US LLC & Getting an EIN
State Choice, Registered Agents, Operating Agreements, EINs for US and Non-US Founders, BOI Status in 2026, Banking, and Annual Compliance
13 chapters · about 9,260 words (~31 pages) · instant PDF download · by Omer Muneer Qazi
What this guide helps you do
- Choose the right state and structure for your LLC.
- File articles of organisation and appoint a registered agent.
- Get a free EIN, open a business bank account and set up taxes.
- Write an operating agreement and keep your liability protection intact.
- Stay compliant with annual reports, licences and tax deadlines.
Table of contents
Chapter 1: Is an LLC the Right Structure?
- The main options compared
- What "limited liability" really protects
- When an LLC may not be the best choice
- Decision worksheet
Chapter 2: Choosing the State: Home State, Wyoming, or Delaware
- The rule that matters most: foreign qualification
- When each choice makes sense
- Fee comparison for common choices (as of 2026, verify current figures)
- Taxes: forming elsewhere does not avoid your home state
- Special considerations for non-US founders
- Registering as a foreign LLC in another state
- Decision guide
Chapter 3: Naming Your LLC
- State naming rules
- Name search steps
- DBAs (assumed names)
Chapter 4: The Registered Agent
- Your options
- Choosing a registered agent service
Chapter 5: Filing the Articles of Organization
- Information you will need
- Member-managed vs manager-managed
- Step-by-step filing
- Processing times
- Publication requirements
- Formation cost worksheet
Chapter 6: The Operating Agreement
- Why it matters even for one owner
- What to include
- Multi-member issues to settle before you sign
- Single-member operating agreement outline
Chapter 7: Getting an EIN
- Before you apply
- Option 1: Online (US-based applicants)
- Option 2: Fax or mail Form SS-4 (anyone)
- Option 3: Phone (international applicants only)
- EIN for non-US founders without an SSN or ITIN
- EIN troubleshooting
- After you get the EIN
Chapter 8: Beneficial Ownership (BOI) Reporting: Where Things Stand in 2026
- The timeline in brief
- What this means for you (as of late 2026)
- Why it still matters to watch
Chapter 9: Tax Classification and Your First Tax Obligations
- Default classifications
- Electing a different classification
- Federal filing for foreign-owned single-member LLCs
- State taxes and fees to know about
- First-year tax checklist
Chapter 10: Opening a Business Bank Account
- Documents banks typically ask for
- Choosing a bank
- Options for non-US founders
- Payment processors and marketplaces
- Keeping the liability shield intact
Chapter 11: Licenses, Permits, and Insurance
- Licenses and permits to check
- Insurance basics
- Contracts every new LLC should have
Chapter 12: Staying in Good Standing Year After Year
- Annual requirements in selected states (as of 2026, verify current figures)
- Your compliance calendar
- Records to keep forever
- 30/60/90-day plan
Chapter 13: Changes, Templates, and Closing an LLC Properly
- A worked cost example: home state vs out-of-state formation
- Common changes and how to make them
- Template: Written consent of the sole member
- Template: Record of capital contribution
- Template: Request to a bank for account opening appointment
- Closing an LLC the right way
- Frequently asked questions
Common Mistakes to Avoid
Final Checklist
Who it is for
- First-time founders forming a US LLC.
- Sole proprietors moving to an LLC.
- International founders setting up a US company.
Free sample · the first 605 words of chapter 1
A limited liability company (LLC) is a business entity created under state law. It separates the business's legal obligations from your personal assets, while letting you choose how the IRS taxes it. For most first-time small business owners, it is the default choice, but not always the right one.
The main options compared
| Structure | Liability protection | Default federal tax treatment | Formation cost | Paperwork | Best for |
|---|---|---|---|---|---|
| Sole proprietorship | None; you are the business | Schedule C on your personal return | $0 (plus local licenses, DBA if needed) | Lowest | Testing an idea, very low-risk side work |
| General partnership | None; partners personally liable | Partnership return (Form 1065) | $0 to a small DBA fee | Low | Rarely recommended without an entity |
| Single-member LLC | Yes, if maintained properly | Disregarded entity (Schedule C) | State fee, roughly $35–$500 | Low to medium | Most solo owners |
| Multi-member LLC | Yes | Partnership (Form 1065, K-1s) | Same | Medium | Co-founders, small partnerships |
| S corporation (an election, not an entity) | Through the LLC or corporation | Pass-through with owner salary | Election is free (Form 2553) | Higher (payroll) | Profitable owners, often above about $50,000–$80,000 net profit |
| C corporation | Yes | Corporate tax, then tax on dividends | State fee | Highest | Raising venture capital, issuing stock options |
What "limited liability" really protects
If the LLC signs a lease, borrows money, or is sued for a business debt, creditors generally can reach only the LLC's assets, not your house or personal savings. That protection has limits:
- Your own actions. If you personally cause harm (for example, you are negligent on a job site), you can be personally liable regardless of the LLC.
- Personal guarantees. Landlords, lenders, and some suppliers ask owners to guarantee debts personally. The LLC does not protect you from what you guarantee.
- Piercing the veil. A court may disregard the LLC if you treat it as your personal wallet: mixing funds, ignoring formalities, or underfunding it. Chapter 10 covers how to avoid this.
- Taxes. Certain unpaid taxes, especially payroll taxes withheld from employees, can be assessed against responsible owners personally.
That is why insurance (Chapter 11) matters as much as the LLC.
When an LLC may not be the best choice
- You plan to raise venture capital or issue stock options soon. Most institutional investors expect a Delaware C corporation. Converting later is possible but costs money.
- You are only testing an idea with no customers yet. A sole proprietorship plus insurance may be enough for a few months; form the LLC when revenue or risk appears.
- You are in a profession that requires a professional entity. Some states require licensed professionals (doctors, lawyers, accountants, architects, sometimes engineers) to use a professional LLC (PLLC) or professional corporation, with extra licensing-board rules.
- Your state's annual cost is high relative to your profit. California's $800 minimum annual LLC tax and Massachusetts' $500 annual report fee (as of 2026) are meaningful for a tiny side business. Weigh the protection against the cost.
Tip: An LLC does not change your taxes by itself. A single-member LLC is taxed the same as a sole proprietorship by default. The tax benefits people talk about usually come from the S corporation election, covered in Chapter 9.
Decision worksheet
Answer yes or no:
- Will you sign contracts, leases, or hire anyone in the next 12 months?
- Could a customer, employee, or member of the public be injured or suffer financial loss because of your work?
- Do you have personal assets (home equity, savings) worth protecting?
- Do you have a co-founder or partner?
- Do clients or payment platforms require you to have an entity or EIN?
- Do you expect more than about $10,000 in profit this year?
Keep reading in the full guide.
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Read first: How to Get an EIN Number for Free (and When Your LLC Needs One)
Step-by-step guide to getting an EIN free from the IRS: who needs one, the online application, Form SS-4 for international founders, LLC tax choices, and mistakes to avoid.
Frequently asked questions
How much does an EIN cost?
Nothing. The IRS issues EINs free of charge. Websites that charge a fee are third-party services, not the IRS.
Does a single-member LLC need an EIN?
A single-member LLC with no employees and no excise tax obligations may not be required to have one for federal tax purposes, but most need one in practice to open a business bank account, hire, or use payment processors, and many states require one.
Can a non-US resident get an EIN?
Yes. International applicants without an SSN or ITIN can apply using Form SS-4 by fax or mail, or by phone through the IRS international line, rather than through the online application.
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