How to Form a Wyoming LLC for Non-Residents

Wyoming business formation is basically the same for non-residents as for residents. Having done this for clients worldwide, we’ll run you through everything you should know as a non-resident forming an LLC in Wyoming.

Choose a Unique Business Name

Your business name must be unique from those already registered. Use the Wyoming Secretary of State’s business name search to check this.

When choosing a unique business name for your Wyoming LLC, verify it’s distinguishable from other registered entities. Classified by the Secretary of State as “In most cases, distinguishable is as simple as a letter or number which makes a name different than an existing record.”

Some words are non-distinguishable, so view the business entity name tips to ensure your LLC name is compatible. Failure to do so can slow the LLC registration process and incur additional fees.

Remember to include “Limited Liability Company,” “LLC,” or “L.L.C.” at the end of your name to meet the LLC designation requirement. Be cautious with restricted words like “Bank” or “Insurance,” as they may require additional paperwork.

If you’re not ready to form your LLC immediately, you can reserve a name for 120 days by filing an Application for Reservation of Name.

Consider trademark implications. It’s also wise to check your business’s domain availability.

You Need a Wyoming Registered Agent

Every state in America requires an LLC to have a registered agent. A registered agent is the point of contact between your business and the state. A registered agent receives legal notices and government correspondence for your business. For example, if your LLC was sued the papers would be delivered to your registered agent.

Wyoming companies are required to have a registered agent with a physical address in the state. For non-residents, this means using registered agent services. This service will act as your registered agent in Wyoming and notify you of any important correspondence.

Be careful of low-quality registered agents. Using their address as your business address can make it difficult to open a business bank account. If they have no policies to protect the address, other companies might misuse it on the internet and it therefore gets flagged.

Our Wyoming Registered Agent Service is available to those who want a high-quality registered agent. We can also provide your business with an actual, separate physical address in Wyoming if you need a business address to set up accounts with banks, for example. Contact our team if that’s a concern for you.

Remember, P.O. boxes aren’t allowed as registered agent addresses in Wyoming.

File the Articles of Organization

The articles of organization establish your LLC within the state. It sounds complicated, but the information you must provide is relatively simple. However, it’s important to get it right.

LLC’s name
Principal office address
Mailing address (if different)
Registered agent’s name and Wyoming address
Organizer’s information
Management structure

You can file online through the Wyoming Secretary of State or by mail, with online filing being faster and more convenient for non-residents.

As a non-resident, you can sign electronically if filing online. Once approved, you’ll receive a filed copy of your Articles of Organization, which is needed for opening bank accounts and conducting business activities.

We take care of this in our basic incorporation package.

Draft an Operating Agreement (Optional)

Although Wyoming doesn’t legally require an operating agreement for LLCs we recommend it. All of our LLCs come with a basic operating agreement created by an attorney.

This agreement outlines your Wyoming LLC’s ownership structure, management responsibilities, and operational procedures.

It’s particularly essential for non-residents as it establishes clear rules for running your business from afar and helps maintain your limited liability company’s protection.

As a non-resident, it’s advisable to have the document in English and consider a translated version for personal reference (if necessary).

Consider having a U.S.-based attorney review your operating agreement to confirm it complies with Wyoming law and protects your interests as a non-resident. Even for single-member LLCs, an operating agreement reinforces the separation between you and your business structure.

File Your BOI Within 30 Days

Business owners must comply with the new Beneficial Ownership Information (BOI) reporting requirement. This obligation stems from the Corporate Transparency Act and applies to most LLCs, including those in Wyoming.

A BOI establishes who the owners of an LLC are. The information is only available to the government and isn’t published in public records.

You’ll file your BOI report directly with the Financial Crimes Enforcement Network (FinCEN) using their secure system, not with the Wyoming Secretary of State.

For LLCs formed on or after January 1, 2024, you must file within 30 days of formation. Your report must include details about beneficial owners, such as names, birthdates, addresses, and identifying numbers from acceptable documents.

Given the complexity, consider seeking professional help to guarantee compliance with this new requirement for your Wyoming LLC. We do this for you as part of our Complete LLC Package.

What are the Additional Requirements?

Right now you might only care about getting your LLC up and running. This is understandable but we want to make sure you’re prepared for the future.

This is why it can help to have a service like Start in Wyoming maintain your LLC structure. We take care of maintaining your business standing.

Visit our Wyoming LLC non-resident requirements page to get a full rundown of what’s required for non-residents.

Request an EIN

An EIN (Employer Identification Number) is a unique nine-digit tax ID assigned by the IRS. It’s used to open a US bank account and hire employees. We recommend applying for an EIN as soon as you register your LLC as it can take time to arrive.

As a non-resident, you must apply for an EIN by phone or mail using Form SS-4. You can’t apply online without a U.S. SSN or ITIN (Individual Taxpayer Identification Number).

Phone Number (Not a toll-free number): 267-941-1099

To fax or mail your form send it to the relevant IRS office.

It’s important to note that while an EIN is necessary for tax purposes, it doesn’t automatically subject your LLC to U.S. income tax.

Annual Report

An Annual Report is due on the first day of your LLC’s anniversary month. For example, if your ‘initial filing’ date is May 15, your Annual Report is due May 1 of each year.

This report can be filed online through the Wyoming Secretary of State’s website.

The Annual Report requires basic information about your LLC, including its name, filing ID number, principal office address, and details about members or managers.

You’ll also need to provide a brief description of your business activities. The filing fee is $60 for most online submissions, and it’s essential to file on time to avoid a $50 late penalty.

To guarantee you don’t miss the deadline, consider setting up reminders or using a service to handle the filing for you.

Taxes

Even though Wyoming has no state income taxes you may still be responsible for paying federal taxes to the United States Treasury as a non-resident. Given the complexity of international tax laws, we highly recommend consulting with a tax professional familiar with both the U.S. and your home country’s tax laws. This will help you to understand your tax liability and file the correct tax return, if necessary.

How Much Does an LLC Cost for Non-Residents?

The Wyoming LLC fees and costs are straightforward:

$100 filing fee
$3.75 online payment charge
$125 Wyoming registered agent

$228.75 Total

Don’t forget the annual report fee of $60, which you’ll pay each year to maintain your LLC’s good standing, along with an online payment fee. Note the annual reporting fee may be more if you own land or equipment in Wyoming. Find out more about Wyoming LLC non-resident costs to see exactly how much it costs to form and maintain a WY LLC.

The cost is the same for non-residents as it is for residents. However, the confusing and time-consuming nature of the formation documents means many people choose to use a formation service.

Forming an LLC is the foundation of your business. Contact our team to help file your business with a high-quality address managed by a Wyoming attorney.

Do I Need a Business License in Wyoming?

Most LLCs formed in Wyoming will not require a business license to operate. This is especially true for non-residents who are unlikely to create a local business.

Some industries that may require a license include:

Transportation
Construction
Food production

What is a DBA?

A DBA, also known as a trade name or assumed name, allows your Wyoming LLC to conduct business under a name different from its legal name. This is not required for a Wyoming LLC and can be skipped.

It’s important to note that a DBA doesn’t create a separate legal entity; your Wyoming LLC remains responsible for all obligations under the DBA.

Non-Residents Should Be Wary of Low-Quality Addresses

We’ve seen a rise in non-residents who’ve had their business bank accounts flagged.

This is because they’ve used a registered agent or LLC service address. This means thousands of businesses have the same address that’s been spammed all over the internet. When this happens it’s only a matter of time before banking providers flag your business account.

Many entrepreneurs and digital nomads come to us after their accounts are frozen or “subject to review.” Banking providers are increasingly asking for utility bills to prove your business address is legitimate. By involving a Wyoming attorney, we’re able to help you survive Know Your Customer checks.

Choose Start in Wyoming if you want a protected business address. For customers with a physical lease with us, or who use our Complete LLC Package, we arrange for utility bills upon request.

While it might be tempting to cut costs, investing in a quality address service can provide long-term benefits and peace of mind. Research thoroughly before choosing an address provider, looking for established companies with good reputations.

What are the Benefits of a Wyoming LLC?

Wyoming LLCs are the most popular choice for non-residents due to several key advantages:

No state income tax
Anonymous LLCs; Wyoming’s strict privacy laws don’t require personal names on public records
Asset protection; Wyoming has some of the strongest regulations to protect your assets through charging order protection
Low formation fees and maintenance costs
Flexibility to operate as either a single-member LLC, multi-member LLC, or a corporation with the same protection. Many states don’t offer single-member LLCs the same level of protection.

All of these advantages make Wyoming the best state for non-residents to start an LLC. Learn about the benefits of a Wyoming LLC for non-residents to take advantage of Wyoming’s business environment.

Want an Attorney to Form and Manage Your LLC?

Start in Wyoming provides high-quality Wyoming registered agent and LLC formation services. Every LLC is formed and managed by a Wyoming attorney.

We work with non-residents to file their LLCs, obtain their EINs, file their BOIs, and even help them open US bank accounts. View our Wyoming LLC for Non-Residents here.

Still have questions? Contact our team and we’d be happy to help.

Written by Max Lapit. Max is the Director of Marketing at Start in Wyoming. Having worked in the M&A and SEO industries he’s helped hundreds of entrepreneurs buy, sell, and grow businesses. Now, at Start in Wyoming, he’s helping people start businesses.
Reviewed by Alex Freeburg. Alex is the Founder of Start in Wyoming and the Managing Attorney at his Wyoming law firm Freeburg Law. When not suing corporations, he’s spreading the word about Wyoming being the best place in the world to start an LLC.

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