How to register a company in the USA?

We tell you how to register a company in the USA. Actually, it is a process that you can do in a simple way if you follow some key steps.

First, you must choose the type of legal entity, such as an LLC or a Corporation, and select the state where you want to register it.
Next, it is important to make sure that the trade name you choose is available.
You will also need to designate a registered agent with a U.S. address to receive legal notices. Once this is defined, you will file the formation documents with the appropriate state’s secretary of state (such as Articles of Organization in the case of an LLC).
Next, you will need to apply for an EIN (Employer Identification Number) with the IRS, which can be done online.
Finally, with the EIN you will be able to open a business bank account and start operating formally in the United States is one of the most attractive destinations in the world for entrepreneurs, investors and businessmen from all over the world.
With a strong economy, a well-defined legal environment, and access to one of the largest markets on the planet, registering a company in the U.S. is not only a strategic opportunity, but also a way to internationalize your business, protect your assets, and access advanced financial services.

However, the business registration process in the United States can seem complex if you are unfamiliar with the legal system, state and federal tax laws, or the implications of choosing one legal structure over another. Add to this other practical factors, such as obtaining an EIN (Employer Identification Number), choosing a state, opening bank accounts, or contracting for accounting services.

In this article we walk you step by step through how to register a company in the U.S. whether you are a resident, non-resident, foreigner or part of an international team. You will see that, with the right advice, the process is more accessible than it seems.

Here we will not only tell you what you need to do, but we will also explain why each step is important, how it can impact your business, and give you practical advice based on real-world experience from a tax consulting firm specializing in U.S. foreign companies.

Whether you want to form an LLC (Limited Liability Company), a Corporation (C-Corp or S-Corp), or simply explore your options, this guide is designed to give you the clarity you need to make informed decisions.

Choosing the right legal structure for your business

One of the most important steps in registering a business in the United States is choosing your legal structure. This decision will directly impact how you will pay taxes, how much personal liability you will have for debts or lawsuits, how you will attract investors, and even how easy it will be to scale your business. Therefore, it is not a step you should take lightly.

Main legal structures in the U.S.

Here are the most common ones:

LLC (Limited Liability Company): It is one of the most popular forms for small and medium-sized businesses. It provides limited liability protection to its owners (called “members”), while allowing flexible management and a favorable tax burden (income can be “passed through” directly to members without paying federal corporate taxes).
C-Corporation: It is an independent legal entity that pays corporate taxes. It is ideal for companies seeking to attract investors, issue shares or go public. Its main advantage is the possibility of unlimited growth, but it has a more formal structure and may be subject to double taxation (the company pays taxes on profits and shareholders on dividends).
S-Corporation: Similar to a C-Corp, but with “pass-through” tax treatment (avoids double taxation). It has specific requirements, such as no more than 100 shareholders and that all of them be U.S. citizens or permanent residents.
Sole Proprietorship or Partnership: Informal forms, in which the business is not registered as a separate entity. They have a lower initial cost, but do not offer liability protection, which represents a significant risk for many entrepreneurs.

Choosing the wrong structure can mean paying more taxes, taking unnecessary legal risks, or limiting your ability to grow. For example, if you are a non-resident alien, you cannot open an S-Corp, and if you want to attract capital, an LLC is probably not as attractive as a C-Corp.

That is why, at our tax consulting firm, we always recommend starting with a target analysis session:

Looking for a simple way to operate?

Are you expecting investors?

Planning to expand?

Are you an alien without immigration status in the U.S.?

All of these questions will influence the best structure for you. A large portion of our international clients choose to start with a Delaware or Florida LLC because of its simplicity, low cost and reasonable tax burden. Then, if the business grows, it is possible to restructure into a C-Corp with the proper accounting and legal support.

Choose the state where to register your company

Although the federal government regulates many aspects of the U.S. tax system, the laws for registering a business vary considerably from state to state. Therefore, it not only matters which structure you choose (LLC, C-Corp, etc.), but in which state you incorporate.

This step may seem technical, but it has major tax, legal and operational implications, especially if you are a foreign entrepreneur or do not plan to physically live in the US.

Why does the state matter?

Each state in the U.S. has its own rules about:

Annual registration and maintenance costs.
Level of privacy offered to owners.
Annual reporting requirements.
State and local tax rates.
Legal protection and corporate responsibility.
Banking and commercial regulations.

Some states such as Delaware, Wyoming, and Florida have earned a reputation for being “business friendly” because of their policies that are favorable to new businesses, investors, and foreigners.

Main options to register your company

Delaware: It is the most popular state to register C-Corporations and companies seeking to attract capital investment. It offers:
- A judicial system specialized in corporate law.
- High privacy for shareholders.
- Low registration cost.
- Allows you to register a company without being physically present.
Wyoming: Similar to Delaware, but more economical for LLCs. It is widely used by digital entrepreneurs, nomads, or small businesses looking for:
- Low state tax burden.
- High confidentiality.
- Zero state corporate taxes.
Florida: Excellent for those planning to have a physical presence. It is a popular state among Latino entrepreneurs. Offers:
- Modern infrastructure and connections with Latin America.
- Reasonable cost of registration.
- There is no state personal income tax.
California or New York
- Although they are key states for size and economy, they have stricter regulations and higher fees. Recommended only if you are going to operate directly there.

Many times entrepreneurs believe that they must register the company in the state where they will live or do business. While that is valid, it is also possible to register in a more favorable state (such as Delaware) and then obtain a foreign qualification in the state where you will operate.

In consulting for international clients, we usually recommend Delaware for C-Corps and Wyoming or Florida for LLCs, depending on the type of company, level of privacy desired and tax projections.

Imagine you are an Argentine developer who wants to bill digital services from the US, but you won’t live there. Registering your LLC in Wyoming will allow you to operate globally, without paying state taxes, with low maintenance costs and a 100% online experience.

Therefore, choosing the right state in which to register your company can represent a huge competitive and fiscal advantage, especially if you do it with the right advice from the first step.

Legal requirements and documents necessary for incorporation

Once you have defined the legal structure of your company and the state where you are going to register it, it is time to deal with the specific legal requirements.

This step involves gathering the necessary documentation and submitting the formal application to the appropriate Secretary of State.

This process can be done in many cases remotely and digitally, especially if you have the support of a tax consulting firm specialized in company incorporation.

All these steps will help you to clarify your doubts about How to register a company in the USA.

What documents are needed to incorporate a company in the USA?

Documents and requirements may vary slightly depending on the state and structure chosen (LLC or C-Corp), but in general the following are requested:

For an LLC:

Articles of Organization (Articles of Organization) This is the main document that formally registers your business with the state. It includes the company name, address, name of the registered agent and general purpose.
Operating Agreement (Operating Agreement) Not always mandatory, but highly recommended. It defines the internal rules of operation of the LLC, the rights, and duties of the members, how profits are distributed and how decisions are made.

For a C-Corporation:

Articles of Incorporation (Similar to Articles of Organization, but for corporations. Includes the number of authorized shares, type of shares, name of initial officers and legal address.
Corporate Bylaws (Internal Regulations) Document that establishes the internal functioning of the company, board meetings, voting, designation of officers, etc.

Other common requirements:

Registered Agent (Registered Agent: Every company must designate a person or entity physically located in the state of registration, who will receive legal notices and official documents. Many consulting firms offer this service.
U.S. Commercial Management: You can use the registered agent’s address or contract a virtual office service if you do not reside in the USA.
Commercial Name Available: You must make sure that your company name is available in the chosen state. This can be verified online before registering.

One of the most common mistakes when registering a company is to do so without an Operating Agreement or without clearly defining who has decision-making power and how responsibilities are distributed. This can lead to internal conflicts, tax problems or even blockages in bank accounts.

In addition, not having a reliable registered agent or using a false address may result in revocation of registration by the state.

Thus, in our tax consulting firm we guide our clients in the drafting of these documents, and we even provide them ready to sign in customized formats according to the type of company and the client’s objectives.

For example, a Mexican client who wanted to register her LLC in Florida to offer coaching services needed support with the articles of organization and did not know how to structure her operating agreement. We helped her formalize the entire package of documents, including the registered agent and business address.

Today your company is operating smoothly and has an active EIN and bank account.

Entrepreneurship in the U.S. is more affordable than it seems

Registering a company in the United States may seem a challenging process at first, especially if you are a foreigner or are not familiar with the country’s tax and legal regulations. However, as we have seen throughout this article, with the right guidance, the path becomes clear, safe, and strategic.

Every decision, from the legal structure to the state where to register your company, to the documents, the EIN and the bank account, directly influences the future of your business. That’s why having a specialized consulting firm not only saves you time, but can save you thousands of dollars and headaches.

The United States remains one of the most open and stable countries for global entrepreneurship. Its legal system, technological resources and robust marketplace allow people from anywhere in the world to be part of its economy.

And the best part: you no longer need to be physically present or have an immigration status to start operating legally and professionally.

Whether you are a freelancer, plan to scale a startup or expand an international brand, opening a company in the U.S. may be the turning point your business needs.

“Success is not about where you start, but where you dare to build. Today, the world is your market… and America can be your starting point.”

JJRB

Frequently Asked Questions (FAQs): Registering a company in the U.S.

Can I register a company in the U.S. if I am not a citizen or resident?

Yes, you do not need to be a citizen or have permanent residency to register a company in the U.S. Any foreigner can form an LLC or a C-Corporation, as long as they have the proper documents and a registered agent in the state where they will incorporate the company.

What is the difference between an LLC and a C-Corporation?

An LLC is simpler and more flexible, ideal for small or medium-sized businesses. It has tax benefits by avoiding double taxation.

A C-Corporation is a more formal structure, designed for companies that plan to scale, attract investors or go public. It is subject to corporate taxes and dividends.

What is the best state to register my company if I do not live in the U.S.?

It depends on your objectives. The most recommended states for foreigners are:

Wyoming: low cost and confidentiality.
Delaware: ideal for C-Corps and companies looking for investors.
Florida: recommended for operations with physical presence or relations with Latin America.

Do I need to be physically in the United States to register my company?

No. You can do it completely online with the help of a tax consultant. From registration to obtaining the EIN, everything can be handled remotely.

What is a Registered Agent and why do I need one?

It is a person or company physically located in the state of incorporation, responsible for receiving legal notices. It is mandatory to have one, even if you do not reside in the U.S.

How much does it cost to register a company in the USA?

The cost varies depending on the state and the services you hire. On average:

State registration: between $50 and $500 USD.
Registered Agent: between $50 and $150 USD annual.
Consulting services: b, depending on what they include (documents, EIN, bank account, etc.).

Can I open a bank account in the U.S. as a foreigner?

Yes, but not all banks allow it easily. Generally you need:

EIN of the company.
Documents of incorporation.
Valid passport.
Direction test.

Many consulting firms offer access to online banking or assistance for face-to-face openings.

What taxes do I have to pay if my company is registered in the USA?

It depends on several factors:

Legal structure (LLC or C-Corp).
State of incorporation.
Whether or not you have a physical presence in the US.
If you have income connected to the U.S.

An LLC with no physical presence may be exempt from some federal taxes if it has no ECI (income effectively connected with the U.S.), but it is always recommended to consult with a tax advisor.

What is the EIN and how do I obtain it?

The Employer Identification Number (EIN) is the tax identification number issued by the IRS. It is required for:

Tax returns.
Open business bank accounts.
Hiring employees within the country.

It can be applied for online or by fax, but if you are a foreigner, it is advisable to do it with the help of a consultant, since the process is more complex without an SSN.

Is it possible to have foreign partners or several persons in an LLC?

Yes, an LLC can have one or several members, and it doesn’t matter if they are citizens or residents. You can even have a single-member LLC (Single-Member LLC), which is widely used by freelancers, consultants and digital creators.