The Formation Guide

    Start a US business, step by step

    Entity, state, filing, EIN, banking, and the compliance nobody warns you about. Written for founders anywhere in the world, including non-residents, with no marketing spin.

    Starting a US business takes six steps: choose an entity (usually an LLC), choose a state (home state for US residents; Wyoming or Delaware for non-residents), file the formation yourself or through a service, get an EIN, open banking and payments, then keep up with annual compliance. Non-residents can do all of it remotely without a US visit or SSN.

    Step 1

    Choose your entity: LLC or C-Corp

    Most solo founders and small teams start with an LLC: simple, flexible, minimal formalities. Choose a Delaware C-Corp only if you plan to raise venture capital, because investors expect it. You can convert later, so do not over-engineer this decision on day one.

    Step 2

    Choose your state

    If you live in the US, form in your home state; forming elsewhere usually just adds a second state's fees. Non-residents typically pick Wyoming for low fees and privacy, or Delaware if raising from VCs. Watch the recurring costs: some states charge a flat annual franchise tax even at zero revenue.

    Step 3

    File the formation: DIY or a service

    You can file directly with the state for just the state fee, and that is a fine path if you have a US address and know the paperwork. Formation services earn their fee for non-residents and busy founders by handling the filing, registered agent, EIN, and compliance calendar in one place, and by getting it right the first time.

    Step 4

    Get your EIN

    The EIN is your company's federal tax ID; you need it for banking, Stripe, and taxes. US residents with an SSN get one online in minutes. Non-residents without an SSN must apply by fax or mail using Form SS-4, which takes weeks, and this is the step formation services most reliably save you pain on.

    Step 5

    Open banking and payments

    With formation documents and an EIN you can apply to fintech banks like Mercury or Relay and connect Stripe. Approval is not guaranteed: banks review your business model, and high-risk industries face extra scrutiny. Have a real website and a clear description of what you sell before you apply.

    Step 6

    Stay compliant every year

    Formation is not the finish line. Expect an annual state report or franchise tax, registered agent renewal, and federal filings; foreign-owned single-member LLCs generally must file Form 5472 with a pro-forma 1120 each year, with steep penalties for missing it. Put the dates in a calendar or pay a service to own them.

    The fastest path if you want it handled

    Two services we recommend cover filing, registered agent, EIN, and banking guidance in one flow, including for non-residents: Firstbase for a lean, banking-ready setup, or Doola if you want bookkeeping and tax filing bundled in year-round.

    Undecided? Read the head-to-head comparison first.

    Starting a US business: FAQ

    Frequently Asked Questions

    Company first, or idea first?

    You only need a company when you are ready to take money. If you are still choosing what to build, start with a vetted idea and its playbook.