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Forming a Wyoming LLC From Abroad: Steps, State Fees and What Comes After

How a non-US resident forms a Wyoming LLC, step by step from the Wyoming LLC Act and the Secretary of State's fee schedule - the name, the registered agent, the $100 articles of organization, the EIN, and the yearly annual report and federal filings.

Written by Amel Ouchene, IRS PTIN holderLast updated Not legal or tax advice6 min read

A non-US resident can form a Wyoming LLC without travelling to the United States. The state asks for little: a name that follows the rules, a registered agent in Wyoming, and articles of organization filed with the Secretary of State for $100. That is what "LLC company registration" means in practice in Wyoming. The real work comes next, with the EIN and the yearly filings. This guide follows the order of the steps, with the rule behind each one: the Wyoming LLC Act (W.S. title 17, chapter 29) and the Secretary of State's fee schedule effective July 1, 2026.

In short:

  • State fee to form: $100 for the articles of organization, which can be filed online.
  • Required: a name containing "limited liability company", "LLC" or another form the Act allows, and a registered agent and office in Wyoming, who signs a consent to the appointment.
  • Then: an EIN from the IRS (possible without an SSN), a bank account, and an operating agreement kept with your records.
  • Every year: a Wyoming annual report with a license tax of at least $60, and, for a single-member LLC with a foreign owner, Form 5472 with a pro forma Form 1120 for each year with a reportable transaction.

Step 1: choose a name the state will accept

Under W.S. 17-29-108, the name must include "limited liability company", "LLC", "L.L.C.", "limited company", "LC", "L.C.", "Ltd. liability company", "Ltd. liability co." or "limited liability co.". It must be distinguishable on the Secretary of State's records from other business names, must not be the same as or deceptively similar to a trademark registered in Wyoming, and must not imply a purpose other than those in its articles of organization, or that it is organized under Wyoming's business, close or nonprofit corporation acts. Search the name on the Secretary of State's business search before you file, and keep one or two backups.

Step 2: appoint a registered agent in Wyoming

Every Wyoming LLC "shall have and continuously maintain in this state" a registered office and a registered agent (W.S. 17-29-113). The agent receives legal papers and state notices for the company. If you live abroad, this is in practice a commercial registered agent, which charges its own yearly fee on top of the state's. The articles of organization must be accompanied by "a written consent to appointment signed by the registered agent" (W.S. 17-29-201(c)).

Step 3: file the articles of organization ($100)

The articles are short. Under W.S. 17-29-201(b), they state the LLC's name and the street address of the initial registered office with the name of the initial registered agent. One or more organizers sign them and deliver them to the Secretary of State. The fee schedule lists $100 for "Articles of Organization" and marks them as a filing that can be made electronically, on the state's business portal (wyobiz.wyo.gov). The LLC exists when the articles become effective (W.S. 17-29-201(e)).

The articles do not have to list the owners: the Act only requires the name, the registered office and the registered agent. Banks and the IRS will still ask who owns and controls the company.

Step 4: write an operating agreement

The operating agreement sets the rules between the members, and for a single owner it records who owns the LLC. It is not filed with the state. Banks often ask for it when you open an account, so sign it when the LLC is formed and keep it with the articles.

Step 5: get an EIN

The LLC needs an Employer Identification Number to open a bank account, to be paid by platforms and to file with the IRS. A responsible party without an SSN or ITIN cannot use the IRS online application; the IRS takes Form SS-4 by fax or mail, or by phone for international applicants. Our guide EIN without an SSN gives the IRS channels and the delays, and what banks ask a non-resident owner covers the account.

What you owe every year after

Obligation Who receives it When Amount
Annual report Wyoming Secretary of State On or before the first day of the month the LLC was formed License tax of $60, or $.0002 per dollar of assets in Wyoming if greater (W.S. 17-29-209)
Registered agent Your agent Per your contract Agent's own fee
Form 5472 + pro forma Form 1120 (single-member LLC, foreign owner) IRS, by fax or mail April 15 for a calendar year (or October 15 with Form 7004) No tax, but the penalty for not filing can be $25,000 per related party per year

The federal filing does not depend on the state: it is the same in Wyoming, Delaware or New Mexico. Our guides on the Wyoming annual report and on what a foreign-owned US LLC files each year go into each one. BOI reports to FinCEN are no longer required for US companies; see our BOI guide.

What it costs, in total

The state's part is $100 to form and at least $60 a year. Add the registered agent's yearly fee, which varies by provider, and any formation service's fee. Comparing states? Our Wyoming vs Delaware vs New Mexico guide puts the official numbers side by side.

How Melya helps

Melya's LLC formation for non-resident founders costs from $399, state fees extra. It includes a comparison of the state fees and yearly state filings for your case, the articles of organization filed with the state, coordination with your registered agent, the EIN application (Form SS-4) through the IRS fax or phone channel for applicants without an SSN or ITIN, and a standard operating agreement. After that, the Form 5472 + pro forma 1120 ($249) and the Wyoming annual report filing ($79, state fee extra) keep the LLC up to date.

Melya prepares US tax filings and signs as paid preparer; Melya does not represent clients before the IRS, does not give legal advice and does not advise on the tax rules of your country of residence.

Frequently asked questions

Can a non-US resident own a Wyoming LLC?

Yes. Nothing in the Wyoming LLC Act requires a member or organizer to be a US citizen or resident. What you need in Wyoming is the registered agent.

Do I need to travel to the United States?

Not for the state filing, which can be made online. The EIN can be requested from abroad by fax, mail or phone. Some banks ask for a visit; that depends on the bank.

How much does the Wyoming annual report cost?

At least $60 a year. The license tax is $60 or two-tenths of one mill on the dollar ($.0002) of the company's assets located and employed in Wyoming, whichever is greater.

Does forming in Wyoming change my Form 5472?

No. A single-member LLC with a foreign owner files Form 5472 with a pro forma Form 1120 for each year with a reportable transaction, whatever the state.

Sources

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