A US LLC, from Australia. Read this first.
Forming the LLC itself takes a day. The part that actually matters for an Australian founder is how the ATO treats it afterwards, and that answer is less settled than most US-based guides let on.
Want an Australian company (Pty Ltd) instead?
This page is about forming a US LLC as an Australian founder. If you want an Australian Pty Ltd, that lives on a different page.
What's included
- LLC or C-Corp filed in the state you choose, in 1-2 business days
- EIN from the IRS, generally faster for Australian founders than for non-English-speaking jurisdictions
- Registered agent and a US business address
- Operating agreement and your stamped formation certificate
- The domain, if you still need one, at the price you keep renewing at
- Bookkeeping and US tax filing when the company starts trading
What it costs
Plus the state filing fee, paid straight through to the Secretary of State. Wyoming $100, New Mexico $50, Delaware $110 with a $300 annual franchise tax on top.
The classification problem, in plain terms
The IRS and the ATO can disagree about what your LLC even is
By default the IRS treats a single-member US LLC as fiscally transparent, meaning the LLC itself pays no federal tax and profit flows straight to your personal US return. Australian tax law does not automatically follow that characterisation. The ATO's long-standing approach has generally been to assess a US LLC as a company for Australian purposes, transparent to the IRS but opaque to the ATO. That mismatch can create double taxation or at least a much messier return than a founder expects, and the position is genuinely one to get confirmed for your specific structure rather than assumed.
Controlled foreign company rules can apply on top
If you and associates hold enough of the LLC, Australia's CFC attribution rules may require you to include the entity's income on your Australian return even before you draw anything out, depending on the facts. This is exactly the kind of detail a registered tax agent needs to look at before you form anything, not after.
The US-Australia double tax agreement decides who taxes what, eventually
The DTA exists precisely to prevent double taxation between the two systems, but it does not automatically resolve a classification mismatch on its own. Get advice on whether a C-Corp election, rather than the LLC default, produces a cleaner outcome for your specific situation before you file anything with the IRS.
Can you actually open a US bank account?
The honest answer, which is more than most providers will give you.
Banking is the easy part here
- Mercury accepts Australian founders without the friction seen elsewhere.
- Relay also accepts Australia, including international wires.
- Wise Business, Payoneer and Stripe all work normally once the LLC has its EIN.
What to know before you rely on it
- Nobody can guarantee an account, even in a market this straightforward. Partner-bank policy can change.
- A registered agent address is not a business address and some providers will still query it.
- The EIN generally arrives faster for English-speaking, low-risk jurisdictions, but 4-6 weeks is still the number to plan around, not the 1-2 days quoted for the state filing.
- None of this touches the ATO classification question above. Sort that out with a registered tax agent before you decide the LLC is even the right vehicle.
Why we say this out loud. Every competitor advertises a US bank account as though it were part of the package. It is not, for anyone, and pretending otherwise just moves the disappointment to after you have paid. Form the company for the entity, the EIN and the ability to take Stripe payments. Treat the bank account as a separate application with a real chance of rejection.
Real platforms this comes up against
Everything else your US company needs
EIN without an SSN
The step that stalls most non-US founders. We run the SS-4 process end to end.
Form 5472 and US filings
Foreign-owned LLCs file every year even at zero income. The penalty for missing it is $25,000.
Form the company
LLC or C-Corp in any of the 50 states, with the EIN and registered agent included.
Founders from other countries
Exchange control, your SARS position, and the honest answer on US banking.
CBN currency rules, Stripe access, and which banks actually work.
BoG licensing rules, GRA filing, and the Stripe-Paystack workaround.
PayPal's 2026 freeze wave, CBK's no exchange controls, and the KRA position.
PayPal's 8% conversion tax, CBE forex rules, and the zero-rated VAT on exports.
BIR registration, remittance limits, and Mercury vs Relay.
SBP rules, why PayPal is not the answer, and what is.
PayPal's announced-but-not-live access, CBSL's 2026 repatriation rules, and IRD's new freelancer tax.
Bangladesh Bank's 2026 forex overhaul, the IT tax exemption, and Mercury's ban.
SBV forex rules, Decree 117's platform withholding, and why Stripe needs a US LLC.
Why Stripe is invite-only, Mercury's ban, and the DHE repatriation rules.
The 100% tax deduction that still needs a foreign bank, and why Stripe still says no.
The cepo cambiario after 2025, why Stripe still won't onboard you, and the LEC.
The 9x IOF shock, why Stripe needs a CNPJ, and the Carne-Leao filing.
IRD's foreign investment fund rules and the US-NZ DTA.
How this works. NameMarshal is not a law firm or an accountancy practice, and nothing on this page is legal or tax advice. Company formation, EIN and registered agent services here are fulfilled by our formation partner doola. 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.