Amazon FBA formation

The company that clears Seller Central's tax interview.

You can sell on Amazon as a foreign individual with a W-8BEN and no EIN. The moment you form a US LLC to do it properly, the rules change: your LLC needs an EIN, an annual Form 5472, and the correct tax form in Amazon's own interview -- which is not always the one its system defaults to.

Form my Amazon FBA company Start with formation
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What's included

  • LLC or C-Corp formation in the state you choose, in 1-2 business days
  • EIN from the IRS, no SSN or ITIN required, for Seller Central's tax interview
  • Registered agent and US business address, both required for account verification
  • Guidance on the W-8BEN-E vs W-9 question Amazon's system does not explain
  • Form 5472 filing support once your LLC is formed, so a $25,000 penalty never becomes your problem
  • US business bank account guidance for your Amazon disbursements

What it costs

$297 /year

Plus your state's filing fee, paid directly to the Secretary of State. The same formation plan every other NameMarshal company uses.

10% off with code
Form my Amazon FBA company

What Amazon's own tax interview does not tell you

Amazon's system often pushes foreign-owned LLCs toward the wrong form

A single-member LLC owned by a non-US person is a disregarded entity for tax purposes, which technically points to Form W-8BEN-E. In practice, Amazon's automated tax interview frequently defaults sellers with a US-registered LLC toward Form W-9 instead, and W-8BEN-E is not always offered as an option. Real sellers hit this exact conflict in Amazon's own seller forums as recently as April 2026, with no clear resolution from Seller Support. Get this wrong and you risk a TIN mismatch that triggers 24% backup withholding, or an IRS notice over a year later.

An EIN is not strictly required to sell on Amazon -- until you form the LLC

As an individual foreign seller, a W-8BEN and your home country's tax ID is enough to clear Amazon's interview and avoid backup withholding. The moment you incorporate a US LLC, that LLC needs its own EIN to file the Form 5472 the IRS now requires of it annually, even at zero income. Forming the company without getting the EIN sorted at the same time just creates a second, harder trip later.

FBA inventory sitting in Amazon's warehouses is a different exposure than dropshipping

Amazon distributes FBA inventory across fulfillment centers in multiple states without much visibility for the seller. Unlike a dropshipper with no US footprint, that inventory can create state-level tax exposure in states you never chose to be in. It is worth knowing this is a real, FBA-specific risk before assuming your setup is identical to a dropshipping or Shopify store's.

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Everything else your US company needs

How this works. NameMarshal is not a law firm or an accountancy practice, and nothing on this page is legal or tax advice. Formation, EIN and registered agent are delivered through NameMarshal's formation network. Foreign-owned US LLCs generally have to file Form 5472 with a pro-forma Form 1120 every year, even with no income, and the penalty for missing it is steep. Ask us and we will point you at someone licensed to handle it.