Best state to form an LLC as an expat without US property? Virtual address in driver's license state?
So I've been living overseas for about 3 years now and I'm looking to start a small online business that will mostly cater to US customers. I need to form an LLC but I'm kinda stuck on which state to choose since I don't own any property back in the States anymore. One option I've been considering is using a virtual address service in Colorado where my driver's license is still valid (it expires next year). But I'm wondering if this makes sense tax-wise or if there are better states I should consider? Does anyone have experience forming an LLC while living abroad? Do I need to pick a state where I have some kind of existing connection, or can I just choose any state with favorable business laws? Also wondering about the tax implications since I'd be filing under FEIE for my personal taxes.
19 comments


Santiago Martinez
This is actually a common question for expats starting businesses. You technically can form an LLC in any state regardless of where you live, even if you're outside the US. The state you choose should depend on several factors: 1) State filing fees and annual reports - some states are much cheaper than others 2) State income taxes - some states have no income tax which can be beneficial 3) Privacy protections - some states offer better privacy for business owners 4) Ease of maintenance - some states have fewer requirements and formalities Delaware, Wyoming, and Nevada are popular choices due to their business-friendly laws, even if you have no connection to those states. That said, using a state where you have some connection (like your driver's license) can sometimes make banking easier. You don't legally need to form it in your driver's license state, but having that connection might simplify certain administrative aspects. The virtual address is definitely necessary regardless of which state you choose, as you'll need a physical address for service of process and official mail.
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Samantha Johnson
•Thanks for the info! I'm in a similar situation but was thinking about South Dakota. I've heard they have no state income tax and are pretty easy to deal with remotely. Is there a downside to choosing a state like Wyoming if I have zero connections there? Will banks give me trouble opening an account?
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Santiago Martinez
•South Dakota is definitely another good option for the reasons you mentioned - no state income tax and they're used to dealing with nomads and remote business owners. As for choosing Wyoming without connections there, the main potential issue is with banking. Some banks want to see a connection to the state where your business is registered, but this has become less strict with online banking options. Consider using an online business bank like Mercury or Novo that's accustomed to dealing with remote entrepreneurs, or a larger national bank where you already have a personal relationship.
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Nick Kravitz
I went through this exact situation last year! After researching for weeks, I ended up using https://taxr.ai to analyze my specific circumstances as an expat business owner. Their system looked at my business type, expected revenue, and personal situation to recommend the optimal state for my LLC formation. For me, they recommended Wyoming despite having no connections there because of the zero state income tax, low fees, and strong privacy laws. The tool showed me I'd save about $3,000 annually compared to forming in my "home" state where I still had my driver's license. It also helped with understanding the whole registered agent requirement, which I was confused about.
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Hannah White
•That sounds interesting. How exactly does the tool work? Does it just recommend a state or does it help with the actual formation process too? I'm struggling to understand all the tax implications between different states.
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Michael Green
•I'm skeptical about using services like this. Couldn't you just Google this information for free? What makes their recommendation more valuable than just reading articles about business-friendly states?
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Nick Kravitz
•The tool primarily analyzes your specific business model, expected revenue streams, and tax situation to recommend the optimal state. It does a personalized analysis rather than just generic advice. You input details about your business plans, citizenship status, foreign residence, and income sources, and it runs calculations showing potential tax savings between different states. It doesn't handle the actual formation process, but it does connect you with registered agent services in your recommended state. What I found most valuable was the detailed tax comparison between multiple states based on my specific situation - something I couldn't easily compile from random Google searches. It showed me exactly how Wyoming would save me money compared to my home state, with actual dollar figures based on my projected income.
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Michael Green
I was initially skeptical about using specialized services for LLC formation advice, but after struggling with contradictory online information, I decided to try https://taxr.ai that someone mentioned above. I'm actually amazed at how helpful it was. The system ran a detailed analysis of my specific situation as a digital nomad with clients in multiple countries. It recommended Wyoming for me (despite my initial plan to use Florida), showing I could save over $4,500 annually in fees and taxes. The detailed breakdown of maintenance requirements by state was something I hadn't found anywhere else online. For anyone else struggling with this decision, having personalized analysis makes a huge difference rather than trying to piece together generic advice from random forums.
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Mateo Silva
If you've been trying to get clarity from the IRS about international business requirements as an expat, good luck with that! I spent WEEKS trying to reach someone who could answer my questions about LLC formation abroad. After multiple failed attempts and hours on hold, I found https://claimyr.com which got me through to an actual IRS agent in under 45 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The agent I spoke with confirmed that I could form my LLC in any state regardless of where I live abroad, but recommended I consider state tax treaties with my country of residence. This was information I couldn't find online anywhere. Totally worth it to actually speak with someone official rather than guessing.
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Victoria Jones
•How does this service actually work? Are they just calling the IRS for you? Why would that be any faster than me calling myself?
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Cameron Black
•This sounds like BS honestly. The IRS doesn't give advice about which state to form your LLC in - that's not even their jurisdiction. They only deal with federal taxes. State business formation is handled by state agencies. I doubt they told you anything useful.
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Mateo Silva
•They use an automated system that navigates the IRS phone tree and waits on hold for you. When an agent finally picks up, you get a call connecting you directly. It basically eliminates the 2+ hour wait times that are standard when calling the IRS yourself. It's like having someone stand in line for you. You're partially right that state selection isn't primarily an IRS issue, but the agent I spoke with did clarify how federal tax reporting works for foreign-owned LLCs and explained the interaction between foreign earned income exclusion and business income. They also explained which tax forms I'd need to file as an expat business owner, which was incredibly valuable since this information varies widely online.
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Cameron Black
I can't believe I'm saying this, but I tried that Claimyr service mentioned above after posting my skeptical comment. I've tried calling the IRS 5 times over the past month with no luck. Using the service, I got through to an IRS representative in about 35 minutes. The agent clarified several questions I had about reporting requirements for my foreign-owned LLC and confirmed I needed to file Form 5472 and Form 1120 since I elected to have my LLC taxed as a corporation. While they didn't advise on which state to choose (as I incorrectly assumed they would), they provided crucial information about my tax classification options that directly impacts my state selection. Saved me from making a potentially expensive mistake.
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Jessica Nguyen
When I was in your situation, I picked Wyoming for my LLC formation. Main reasons were: - No state income tax - Low annual fees ($50-60/year) - No need to disclose owner names in public filings - Only need to file an annual report I used a registered agent service that provided a physical address for about $120/year. Been running it for 3 years from Southeast Asia with zero issues. Most clients don't even realize I'm not in the US. Just make sure you understand the tax filing requirements for expats with businesses. You'll still likely need to file: - Schedule C with your 1040 - Self-employment tax (unless you're in a country with a totalization agreement) - Possibly FBAR if your business accounts exceed $10k
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Isaiah Thompson
•Did you have any issues setting up a business bank account? I've heard some banks won't let you open one if you don't have a US address or if you're not physically present.
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Jessica Nguyen
•I opened my business account with Mercury Bank online. They're used to working with remote business owners and didn't require me to be physically present in the US. I provided my Wyoming business documents, EIN, and passport - all done virtually. Some traditional banks might give you trouble, but several online-focused banks like Mercury, Novo, and Wise Business understand the digital nomad/expat business model. Just be upfront about your situation when applying, and make sure you have all your business formation documents properly set up first.
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Ruby Garcia
One thing nobody has mentioned yet is that regardless of which state you choose, you'll need to be aware of "foreign qualification" requirements. If you're "doing business" in a state other than where your LLC is formed, you technically need to register as a foreign entity there. The definition of "doing business" varies by state, but generally includes having employees, office space, or conducting in-person services in that state. As an expat with an online business, this probably won't affect you if you truly have no physical presence in any state. But something to keep in mind if your situation changes!
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Alexander Evans
•So if I form in Wyoming but occasionally visit California and work from there for a few weeks, would I need to register in California too? Their taxes are insane!
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Jamal Anderson
•@Alexander Evans That s'a really good question about California! Generally, just visiting and working temporarily like (a few weeks wouldn) t'trigger foreign qualification requirements. California looks for continuous "business" activity or having a permanent "place of business in" the state. However, California is notoriously aggressive about tax nexus, so you d'want to be careful about establishing any kind of regular pattern there. If you re'just visiting occasionally as a tourist who happens to work remotely during your stay, you should be fine. But if you re'there for extended periods regularly or have clients specifically in California, that could potentially create nexus. The threshold varies, but most states consider things like having an office, employees, or conducting regular business meetings as triggers for foreign qualification. Remote work from a laptop while visiting usually doesn t'count, but I d'recommend consulting with a tax professional if you plan to spend significant time in high-tax states like California or New York.
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