Wyoming LLC Non-Resident Requirements Explained

We form and maintain Wyoming LLCs every day for non-residents just like you. Using that experience, here are the requirements we complete for clients.

A Wyoming LLC has the following requirements for non-residents:

• Unique name
• Registered Agent
• Articles of Organization
• BOI
• Annual Report

It’s considered best practice to create an operating agreement and apply for an EIN at the date of formation. An EIN can take several weeks to arrive for non-residents. 

To complete the above requirements on your own, you will need to use the following resources:

• Unique name: Search to check Wyoming’s business entity database
• Articles of Organization: Wyoming Secretary of State to form your LLC
• BOI: FinCEN
• EIN: IRS (non-residents can’t apply online. You must call or mail an SS-4 form)
• Annual report: Wyoming Secretary of State annual report online

If you want to join other entrepreneurs and have your Wyoming LLC formed and maintained by an attorney, check out our Wyoming LLC for Non-Residents. 

We complete everything listed above quickly and correctly. We also create your operating agreement so you can Start in Wyoming the right way.

Are You a US Citizen?

Your residency status doesn’t affect your ability to form an LLC in Wyoming. The state treats non-resident owners just like locals. The structure and management requirements remain the same for all owners.

The main difference is that US citizens will have an SSN (Social Security Number). This makes it easier to file for an EIN and pay tax obligations. You’ll also need to use a Wyoming registered agent service. We’ll explain how to get both of these things below.

If you want even more information, visit our guide on how to form a Wyoming LLC as a non-resident to get a complete Wyoming LLC formation walkthrough.

Wyoming LLC Non-Resident Requirements

Register Your Business Name

The name for your LLC has to be unique according to Wyoming’s Secretary of State business entity database. A unique name means it has to be distinguishable from any name that already exists. For guidelines, view the business entity name tips provided by the Secretary of State.

The name needs to end with “Limited Liability Company,” “LLC,” or “L.L.C.”. When you file your Articles of Organization you’ll be prompted to select which you prefer. There’s no legal difference; it’s whatever you like best.

If you don’t want to create your LLC or corporation now but have the perfect name. You can lock it down for 120 days by completing the name reservation form.

Registered Agent Service

As a non-resident, you’ll need someone with a physical business address in Wyoming to handle official mail and legal papers. This person is called a registered agent.

The registered agent must be available during business hours and the agent’s address can’t be a PO box. A non-resident can use a registered agent service to do this. This is perfectly legal and utilized by most businesses. 

We provide a Wyoming Registered Agent Service for those who want to start an LLC in the state. This is managed by a Wyoming attorney so you can be sure that it’s set up and run correctly.

One of the key benefits is maintaining anonymity in your business operations. Wyoming is one of the only states that doesn’t publish personal information in public records. Using a registered agent means their name and address will be on public record, not yours. This creates a separation between you and your business which provides additional protection.

Articles of Organization

To form a Wyoming LLC you submit the Article of Organization to the Wyoming Secretary of State. This can be done online; all you need to do is follow their instructions. Managing your business assets properly starts with correct formation.

It’s important to get this right as changes can slow down the process and potentially cost additional fees.

The formation is the foundation of your business. If you want an attorney to do it for you, use our Wyoming LLC for Non-Residents service.

File BOI Report

You’ve got 30 days after setting up your LLC to file a BOI report with the Wyoming Secretary of State.

Head over to the Financial Crimes Enforcement Network’s (FinCEN) online portal. This is where you’ll submit your BOI Report.

When you’re filling out the report, you’ll need to provide some key information about your LLC’s beneficial owners. Anyone who owns 25% or more of your LLC or is classed as a beneficial owner.

For each beneficial owner, you’ll need to include:

• Their full name
• Date of birth
• Address
• A unique identifying number (like a passport or national ID number)

Late filing can lead to penalties and fines. You must also let them know if there are changes to the ownership of your Wyoming LLC.

Operating Agreement (Optional)

Creating an operating agreement for your Wyoming LLC is good business practice, even though it’s not legally required. It helps prevent misunderstandings and arguments among members as well as define who owns the LLC. One of the main advantages is clear operational guidelines.

Wyoming doesn’t force you to use a specific format or include certain content. This gives business owners the freedom to tailor it to their needs. Consider getting help from a legal pro to make sure you’ve covered all your bases. They can ensure your agreement addresses everything important for your Wyoming LLC.

Ongoing Requirements

As a non-resident Wyoming LLC owner, you’ve got some ongoing requirements to keep your business in good standing. Stay compliant, and you’ll be able to focus on growing your business without any legal headaches.

File for an EIN

An Employer Identification Number is required to pay taxes, open a business bank account, and hire employees. While it’s not a requirement to form an LLC, most entrepreneurs will need one. Because it can take a while to arrive, it’s best to file for it around the same time you create your LLC.

If you don’t have an SSN you need to use Form SS-4 to apply for your EIN. You must apply via fax or mail. There’s also the option for international applicants to call the IRS.

You’ll need to be a bit patient. Unlike the online application, this method can take a few weeks.

This process might seem a bit old-school, but it’s designed to ensure everyone can get an EIN, regardless of their citizenship status.

Wyoming Annual Report

One of the key things you’ll need to do is file your Wyoming Annual Report.

This is due the first day of the month your LLC was formed. For example, if your ‘initial filing’ date is May 15, your Annual Report is due May 1 of each year. That’s your deadline. We highly recommend staying on top of documents to ensure full compliance with state regulations.

You’ll need some basic info on hand:

• Your business name
• Address
• Ownership details

Taxes

Just because Wyoming has no state income tax doesn’t always mean you can avoid paying taxes. In some cases, you might need to file a tax return even if you don’t have to pay anything. It’s highly recommended to speak to a tax professional if you’re unsure. This is especially important if you operate as a foreign LLC.

Do Non-Residents Need an ITIN?

An ITIN is required to file US taxes. If you don’t have an SSN, you need to apply for an ITIN to file your tax return.

An ITIN isn’t required immediately upon formation. To apply for an ITIN you can attach Form W-7 to your tax return and send it to the IRS. The IRS will provide you with an ITIN.

Read the ITIN instructions from the IRS for the full list of requirements.

Do Non-Residents Need a Business License?

Most non-residents won’t need business licenses. A business license applies to LLCs in sectors such as healthcare, finance, or construction. 

If you’re in doubt, check with the Wyoming Secretary of State’s office. They can tell you if your business needs a state license. 

Wyoming’s local government business requirements are less strict than many other states. It’s one of the many Wyoming LLC benefits for non-residents.

How Much Does a Wyoming LLC Cost for Non-Residents?

To form a Wyoming LLC the costs involved will be the formation fee and the registered agent service.

$100 filing fee
$3.75 online payment fee
$125 Wyoming Registered Agent

$228.75 Total cost.

Still confused by how the costs stack up? Find out the cost of a non-resident Wyoming LLC including formation and maintenance costs.

Want an Attorney to Form Your Wyoming LLC?

Avoid confusing forms and get peace of mind knowing a Wyoming attorney has formed your Wyoming LLC quickly and correctly. Your business formation is the foundation of your business. If there are mistakes it can threaten your business’s standing.

We understand Wyoming LLC non-resident requirements because we form LLCs every day. Check out our Wyoming LLC for Non-Residents; we provide a registered agent, EIN and BOI filing, and LLC formation in one simple package. Start in Wyoming the right way with us.

Want to find out more about Wyoming LLCs? Contact our team and we’d be happy to help.