Tool · Business structure
LLC, C-Corp or DBA? The answer for a founder abroad.
Checked by the BaseAcross team.
Which company should you form?
Question 1 of 6
- Which company, and why
- What your country does with it
- Every form it files a year, and the penalty
- What you owe the US yourself
- What isn't open to a founder abroad
Where do you live?
Your country can change the answer more than anything below. Your answer will include what your own country does with the company.
Or tap one
Will you raise money from US investors in the next two years?
This one counts most. A yes outweighs the next two answers together.
Or press 1–3 on your keyboard.
Will you grant stock or options to co-founders, employees or advisers?
A fixed split between co-founders isn't an option plan.
Or press 1–2 on your keyboard.
If you had to choose, which matters more this year?
Pick the one you'd keep if you could only have one.
Or press 1–2 on your keyboard.
Who will own it?
Two or more owners change the yearly return, not the choice.
Or press 1–2 on your keyboard.
Will it have staff, an office or stock in the US?
Selling to Americans from your desk abroad doesn't count.
Or press 1–2 on your keyboard.
What you'll get
- Federal return
- –
- If it's missed
- –
- Yearly state charge
- –
In your words
I live in , , , , and .
Tap any part of the sentence to change it. Nothing is ordered here. Nothing you choose is stored or sent. Not tax advice.
All five structures
Live · updates as you answer
- LLC, one owner: One owner. Usually no US tax, run from abroad.
- LLC, co-founders: Two or more owners. Taxed as a partnership.
- C-Corporation: Issues stock. Pays 21% on its own profit.
- DBA, sole proprietor: A trade name, not a company.
- S-Corporation: A corporation taxed through its owners.
Side by side
Five structures, for someone who lives abroad.
What each one is, what it files, and whether you can use it. Tap a column to focus it.
The full LLC vs C-Corp guide| The basics | |||||
|---|---|---|---|---|---|
| What it is | A company the IRS looks through to you | A company taxed as a partnership | A company that's its own taxpayer | A trade name for you | A corporation taxed through its owners |
| Open to a founder abroad | Yes | Yes | Yes | Not in practice | No |
| Protects your own assets | Yes | Yes | Yes | No | Yes |
| Tax and filing | |||||
| US tax on profit, run from abroad | Usually none | Usually none | 21% at the company | On you, if it's a US business | — |
| Federal return each year | Form 5472 with a pro forma 1120 | Form 1065 and a K-1 each | Form 1120, with Form 5472 | Form 1040-NR, if it's a US business | — |
| Missing it costs | $25,000 | $255 a member a month | $25,000 for the 5472 | — | — |
| Cost and growth | |||||
| Yearly state charge | $60 in Wyoming | $60 in Wyoming | From $450 in Delaware | Set by the state or county | — |
| Investors' SAFEs and options | No, convert first | No, convert first | Yes | No | — |
The worries
What founders abroad are afraid of, answered.
Five worries, each with a plain answer.
"I'll pay US tax and home tax on the same profit."
An LLC run from abroad usually pays no US income tax, and you pay no US self-employment tax. Your own country taxes the profit once. A C-Corporation is the one that's taxed twice: 21% at the company, then tax on dividends.
"If I pick wrong, I'm stuck."
An LLC converts to a Delaware corporation when an investor asks, for lawyers' fees and a few weeks. Starting with the LLC and converting later is the usual path. Most companies never need to.
"There's a penalty I don't know about."
There is one, and it's large: $25,000 for a missed Form 5472, owed with no income too. The tool lists every form your company files and when. Put the April date in your calendar now.
"My country will treat it as one of its own companies."
40 of the 100 countries in our guides can tax a company as their own if it's run from there. Choose your country in the tool to see whether yours is one, and what its guide says to do.
"I need a US address, an SSN or a visit."
None of the three. A registered agent gives the company its US address, the EIN comes without an SSN, and nothing in the process requires a trip.
Questions
Questions about LLCs, C-Corps and DBAs from abroad.
If yours is not here, email us at hello@baseacross.com before you order.
Should a non-US founder form an LLC or a C-Corp?
An LLC if customers will fund the company and you'll take the profit out. Run from abroad, its profit usually isn't taxed by the US, and Wyoming charges $60 a year to keep it. A Delaware C-Corporation if you'll raise from US investors or give staff stock, because SAFEs, rounds and option plans are written for its shares.
What's the difference between a DBA and an LLC?
A DBA is a name you trade under. It creates no company, so the business's debts and lawsuits are yours. An LLC is a separate company that signs the contracts and holds the debts. An LLC can register a DBA too, if you want to trade under a brand.
Can a non-US resident get a DBA?
A DBA attaches to a business that already exists, so on its own it would make you a US sole proprietor. That gives no protection, and Stripe's US sole proprietor account needs a US individual with an SSN or ITIN. Form an LLC instead, and add a DBA to it if you want a second name.
Can a non-US resident own an S-Corporation?
No. The IRS instructions for Form 2553 say an S-Corporation can have no nonresident alien shareholders. A provider that sells you one is selling an election you can't make.
How is a single-member LLC owned from abroad taxed?
The IRS looks through it to you. If you run it from abroad, with no US staff, office or stock, it usually has no US business, so its profit isn't taxed by the US. It still files Form 5472 with a pro forma Form 1120 every April, and missing it costs $25,000.
How is a C-Corporation taxed when the owner lives abroad?
It pays 21% federal tax on its profit and files Form 1120, with Form 5472 when a foreign person owns 25% or more. Dividends to you have 30% US tax withheld, or your treaty's lower rate after you give it a W-8BEN.
What does an LLC with co-founders file?
A multi-member LLC is a partnership for US tax. It files Form 1065 by 15 March with a Schedule K-1 for each member. Filing late costs $255 per member for each month, for up to 12 months. If it has US business income, it also withholds tax on its foreign members' share.
Can my LLC be taxed as a corporation?
Yes. An LLC can elect to be taxed as a corporation by filing Form 8832. It then pays the 21% corporate tax and files Form 1120, but keeps its operating agreement. It still can't issue stock, so it doesn't help with investors.
Can I convert an LLC to a C-Corp later?
Yes. A Wyoming LLC can convert into a Delaware corporation when an investor asks. Expect lawyers' fees, filing fees in both states and a few weeks. If you know you'll raise within two years, forming the corporation now usually costs less.
Which state should a founder abroad choose?
Wyoming for an LLC: $102.40 to file and $60 a year, with no owner named on the public record. Delaware for a C-Corporation: $110 to file and from $450 a year, the state investors' documents assume.
Where these answers come from
- IRS Publication 519, US tax guide for aliens
- IRS instructions for Form 5472
- IRS instructions for Form 1120
- IRS Publication 515, withholding of tax on non-resident aliens
- IRS instructions for Form 1065
- IRS instructions for Forms 8804, 8805 and 8813 (partnership withholding)
- IRS instructions for Form 2553 (S-Corporation election)
- IRS, limited liability company
- SBA, launch your business: choose a business structure
- Stripe, tax ID requirements for US sole proprietorship accounts
Your country's answer comes from its guide, which cites its own tax authority. This page is general information, not tax advice. If yours looks wrong, email us.
Ready when you are
Know which one? We file it.
About four minutes of questions. You see the whole order, the Wyoming or Delaware fee included, before anything is charged.
You're startingLLC · Wyoming
Start a companyLaunch · $351.40 · Wyoming fee included