LLCLast updated: August 6, 2026By Founders Credit

Should a European Freelancer Open a US LLC?

For most European freelancers, a US LLC is not required to work with US clients or get paid in dollars. It becomes worth considering once you need a US bank account, a US business credit card, or a more credible entity to bill through, and once you understand what it actually changes for your taxes at home. Here's the honest breakdown, not the sales pitch.

$25,000
Minimum IRS penalty for a foreign-owned LLC that misses its Form 5472 filing
IRS Form 5472 Instructions
$300
Delaware's flat annual LLC franchise tax, regardless of revenue
Delaware Division of Corporations
7-11 weeks
Typical IRS processing time for an ITIN application
IRS.gov

What a US LLC Actually Does for a Freelancer

A US LLC is a legal entity you register in a state, usually Delaware, Wyoming, or New Mexico. On its own, it doesn't give you a tax break, a visa, or US residency. What it does give you is a US business identity: a US company name, a US EIN, and access to US business banking and card products that are hard or impossible to get as an individual freelancer billing from abroad.

For a European freelancer, the LLC is a tool, not a strategy. It solves specific problems. It doesn't solve tax planning by itself, and anyone telling you otherwise is skipping the details.

The Real Reasons Europeans Open a US LLC

The Tax Reality Nobody Explains Clearly

This is the part most articles get vague about, so here it is straight: a single-member LLC owned by a non-US person is treated by default as a 'disregarded entity' for US federal tax purposes. If the LLC has no US-source income effectively connected to a US trade or business, it generally owes no US federal income tax on foreign-earned freelance income. But the LLC still has annual filing obligations, specifically Form 5472 attached to a pro forma Form 1120, even when there's zero US tax due. Missing this filing carries a real penalty, not a slap on the wrist.

Just as important: the LLC does not erase your home country tax obligations. If you're tax resident in Germany, Spain, Portugal, or anywhere else in Europe, you're still taxed on your worldwide income there, and many countries have controlled foreign company (CFC) rules that can attribute the LLC's income back to you personally regardless of where the LLC is registered. A US LLC changes where you bank and invoice from. It does not automatically change where you're taxed. Talk to a tax advisor in your home country before assuming otherwise, this article is educational, not tax advice.

Costs and Ongoing Obligations

How to Set It Up Remotely, Step by Step

  1. Decide if you actually need US banking or a US business credit card, that's usually the real driver, not the LLC itself.
  2. Choose a state. Wyoming and Delaware are the two most common choices for foreign-owned single-member LLCs, each with different cost and privacy tradeoffs.
  3. Appoint a registered agent in that state, required by law, and usually handled by whoever forms the LLC for you.
  4. File formation documents (Articles of Organization) and get your Certificate of Formation.
  5. Apply for an EIN with the IRS. This can be done without an SSN, though it takes longer by fax or mail than the online process available to US persons.
  6. Apply for an ITIN if you need one for banking, tax treaty benefits, or specific platforms.
  7. Open a US business bank account remotely, this is the step where most DIY founders get stuck, since many banks still expect a US visit or a US address.
  8. Apply for a US business credit card once banking and credit history exist for the entity.
  9. File Form 5472 and the pro forma 1120 every year, on time, even with no US tax owed.

This is exactly the process Founders Credit handles end to end for European founders and freelancers: LLC formation, EIN, ITIN, US business bank account, and US business credit cards including Amex, done remotely without a US trip. We built the service because steps six and seven above are where most people get stuck for months on their own.

When This Doesn't Apply

Frequently Asked Questions

Do I need a US LLC to invoice US clients as a European freelancer?

No. You can invoice US clients directly as an individual or through your home country business. A US LLC becomes useful mainly when you want US business banking, a US business credit card, or a more US-native billing setup.

Will a US LLC lower my personal taxes in Europe?

Generally no. Your home country still taxes you on worldwide income based on your tax residency, and CFC rules in many European countries can attribute the LLC's profits back to you personally. The LLC changes where you bank, not where you're taxed.

Can I form and run a US LLC without ever visiting the US?

Yes. Formation, EIN, ITIN, and increasingly US business banking and credit cards can all be handled remotely, which is the whole premise of a done-for-you service like Founders Credit.

Do I need an SSN or ITIN to open a US LLC?

No SSN or ITIN is required to form the LLC itself or to get an EIN, though an ITIN is often needed later for certain bank accounts or tax treaty filings.

What happens if I forget to file Form 5472?

The IRS penalty starts at $25,000 for a missed or incomplete Form 5472 filing, even if the LLC owed zero US tax that year. This filing is not optional just because there's no tax due.

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Disclaimer: This article is educational and based on hands-on experience helping non-US founders access the US financial system. It is not legal, tax, or financial advice. Rules and issuer policies change. Consult a US-licensed CPA or attorney before acting.