Limited liability company (LLC)
Owner-managed and holding businesses.
- Flexible; taxed as pass-through by default
- A foreign-owned single-member LLC files Form 5472 with a pro-forma Form 1120 each year
The World Desk Floor 4 · Americas & Oceania
Room 401
United States
Welcome. How may I help you?
State formation, the EIN, ownership reporting and what an importer of record needs.
The concierge
What do you need in United States?
01 · Set up
Ways to be present
Registry: Each state’s business registry (Secretary of State). Many foreign founders form in Delaware or Wyoming and register in the states where they operate.
C corporation
Businesses raising venture capital.
- Federal corporate income tax plus state taxes
- The usual choice for investors and stock options
Branch of a foreign company
A foreign company operating as itself.
- Registers to do business in each state where it operates
01 · Set up
First registrations
- 01
Formation and registered agent
File formation documents with the state and appoint a registered agent there.
- 02
EIN
Employer Identification Number from the IRS. Applicants without an SSN or ITIN apply by fax or mail on Form SS-4.
- 03
Beneficial ownership reporting
Since FinCEN’s interim final rule of March 2025, US-formed companies are exempt; foreign companies registered to do business in a state must report.
- 04
State taxes
Sales tax permits and state registrations where the business has nexus.
02 · Trade
Moving goods
- 01
Act as importer of record: file CBP Form 5106 to create the importer number (usually the EIN)
- 02
Post a customs bond for formal entries (generally above US$2,500)
- 03
For ocean cargo, file the Importer Security Filing (10+2) at least 24 hours before loading abroad
- 04
The US$800 de minimis exemption is suspended (indefinitely from 24 June 2026), so low-value shipments need entries too
- 05
Check product rules with partner agencies (FDA, USDA, FCC and others)
03 · Close
Done when
Watch
- Tariffs are changing quickly: the Supreme Court ended IEEPA tariffs in February 2026 and new tariffs were imposed under other laws. Check current rates before pricing
Sources
Checked against
- CBP: Importer Security Filing FAQ cbp.gov
- Federal Register: de minimis suspension (June 2026) federalregister.gov
- Skadden: Supreme Court ends IEEPA tariffs skadden.com
- Plus each authority’s own portal. Several points come from practitioner reports; where they disagreed, the text above says so.