How to Open an LLC in the United States: Steps, Requirements, and Costs

Opening an LLC in the United States is often sold as a two-click process: you choose a state, appoint a registered agent, apply for an EIN, and you're done. In practice, if you're outside the United States, there are key details you need to review before submitting any application. The official rules and costs vary depending on your activity, the state you choose, and the country where you pay taxes. Here, we lay out the actual steps, requirements, and costs for opening your LLC with a clear head.

Before opening an LLC: what structure are you creating?

An LLC (Limited Liability Company) is an entity created under the laws of a specific US state. It is not equivalent to a Spanish commercial company, and its tax treatment by the IRS varies depending on the number of members or the tax elections made.

In addition, your country of residence does not automatically follow US criteria. If you live in Spain, for example, Hacienda applies its own rules to classify the entity, distributions, salaries, and related-party transactions. If you're evaluating whether this structure is right for you, in our guide on what an LLC is and what to consider if you live in Spain, we analyze that context in depth.

One point we always clarify: having an LLC alone does not guarantee you a bank account, access to Stripe, lower taxes, or financing. It is a business tool that must align with your actual operations and tax residence.

How to open an LLC in the United States step by step

1. Define why you need the LLC

Before drafting documents, define exactly what the company will do: sell software, provide consulting, run an agency, operate an ecommerce business, or manage international contracts.

We would review these aspects first:

• Where you live and where you will actually manage the operations from.
• Which countries your customers, team, and suppliers are in.
• Whether you will have a physical presence or employees in the United States.
• Which banks and payment gateways you need to connect.
• How you will withdraw or reinvest the income.

Forming an entity in the United States does not erase your personal tax residence. If you're in Latin America, you can review what an LLC is in the USA: a clear guide for Argentinians or consult LLC in the United States from Mexico: a guide to deciding and complying, because understanding the obligations in your country is essential before moving money.

2. Choose the state of formation

Each state has its own rules, forms, and fees. There is no perfect state for every international founder.

If your activity does not require a physical presence in the United States, what we normally compare are factors such as:

• The initial registration cost and recurring fees.
• Mandatory periodic reports.
• The level of privacy in public records.
• The state's administrative efficiency.
• Whether your activity will require you to register the company in another state later.

The SBA explains business registration, noting that requirements vary depending on the activity and structure. You should confirm fees directly with the relevant Secretary of State before filing anything. If you have questions about basic corporate concepts, it will also help to review what LLC means in the United States: a clear guide.

3. Appoint a registered agent

Your LLC is required to have a registered agent with a physical address in the state where it is formed. Their role is to receive official notices and legal documents on behalf of your company.

The registered agent does not replace your business address, handle your accounting, or provide legal advice. Before hiring one, check how they will notify you of received mail and how much it costs to renew their service each year.

4. File the formation document

Depending on the state, the document is called Articles of Organization or Certificate of Formation. It is submitted to the relevant state authority with the company's essential information.

Before submitting it, make sure to check:

• The name's availability and exact spelling.
• Your registered agent's complete information.
• The information that will be visible in public records.
• The LLC's management structure.
• Current official fees.

Keep in mind that government fees are paid separately from our services and become nonrefundable once the application is submitted to the state.

5. Prepare the operating agreement

The Operating Agreement is the internal document that establishes how the company operates: each member's ownership percentage, management, initial contributions, profit distribution, and the protocol if a member leaves.

Although in many states it does not have to be filed with the public registry, banks and financial institutions will ask for it to verify who has control. If you have partners or investors, it is a document that should be structured with individual legal review.

6. Apply for the EIN

The EIN (Employer Identification Number) is the federal tax identifier issued by the IRS for your company. You will need it for administrative procedures, tax returns, and opening bank accounts.

The IRS publishes the official ways to apply for an EIN. The available method depends, among other factors, on whether the responsible party has a US taxpayer identification number. Do not assume fixed processing times: always verify current IRS information when you apply. In our guide on what the EIN is and how to apply for it from outside the United States, we explain the details of the process.

7. Evaluate banking and payments

Once the LLC has been formed and the EIN assigned, you can apply for a corporate bank account and set up payment processors. Each bank or platform applies its own identity, risk, residency, and business activity screening criteria.

They will normally ask for the formation documents, EIN, operating agreement, your valid personal identification, proof of address, and details about your customers and suppliers. Always review each institution's current requirements.

Neither forming the LLC nor hiring us for support guarantees approval for a bank account or payment gateway. Our practical recommendation is to never rely on a single platform and to always have operational alternatives ready.

8. Organize annual compliance

Forming the company is only the starting point. Depending on the state, your business model, and your tax classification, you will need to file state reports, pay renewal fees, and comply with US tax authorities.

If the LLC is owned by a foreign owner, there are specific information-reporting obligations. One of the most common is Form 5472, an information return filed with the IRS for certain reportable transactions. Whether it is required depends on the facts of your case, and you can consult the official Form 5472 instructions published by the IRS.

At the same time, you must review your obligations in your country of residence, such as Spain, analyzing personal or corporate taxes, possible information-reporting obligations, and whether the place of effective management is located there. US rules do not replace those of your country.

Common requirements for opening an LLC from abroad

Although each state and banking platform may request specific information, what you normally need to have on hand is:

• A valid passport or identification for each owner.
• Personal residential address and contact information.
• The chosen name for the LLC.
• A clear explanation of the business activity.
• The selected state of formation.
• The registered agent's information.
• Information about the owners and managers.

For the bank or EIN, you may be asked for additional documentation, so always confirm current requirements before paying fees or submitting information.

How much does it cost to open an LLC?

The final cost is not limited to the initial filing. To prepare a realistic budget, calculate:

1. State formation fee.
2. Registered agent fees and annual renewal.
3. Periodic reports or recurring state fees.
4. Document handling and shipping.
5. Tax preparation and accounting in the United States.
6. Tax advice in your country of residence.
7. Optional services for the EIN, bank account opening, or administrative support.

There is no single state fee because each Secretary of State sets its own prices and updates them independently.

At Maera, our Starter plan costs 297 USD as a one-time payment, plus the fees charged by the state you choose. If you need ongoing support throughout the year, we also offer maintenance plans. You can check what each option includes in our plans.

Mistakes to avoid

• Registering in a state just because you saw it repeatedly online, without analyzing your operations.
• Believing that an LLC automatically eliminates your taxes in your country of residence.
• Mixing personal expenses with company funds.
• Ignoring notices sent by the registered agent or the state.
• Filing returns or forms without clearly understanding the period and transactions being reported.
• Allowing your entire business to depend on a single bank account or payment processor.
• Assuming that having the company formed guarantees financial access.

The goal is not to open the LLC as quickly as possible, but to build a structure that you can manage and keep compliant over time.

Professional disclaimer

We are an administrative service: we are not a law firm or accounting firm, and we do not provide legal, tax, or investment advice. We help you register your LLC and handle the paperwork, but your specific case—both your obligations in the United States and your taxation in Spain or your country of residence—must be reviewed by qualified professionals.