How to Start a U.S. LLC from Argentina

Forming a U.S. LLC from Argentina is usually straightforward at the state level. The more important work is deciding how the company will be owned, managed, taxed and used, and then keeping the structure compliant after formation.

This guide focuses on the practical issues we most often see with Argentine founders, investors and privately held businesses. It is not a substitute for advice on the law of the chosen U.S. state or for individualized U.S. tax advice.

1. Can an Argentine resident own a U.S. LLC?

Yes. An LLC is created under the law of a U.S. state, and foreign ownership is common. A non-U.S. owner should nevertheless plan the structure before filing because ownership, management, U.S. activities and the number of members affect federal tax classification and reporting.

For U.S. federal income tax purposes, the IRS generally treats a domestic LLC with one member as a disregarded entity unless it elects to be treated as a corporation. A domestic LLC with two or more members is generally classified as a partnership unless it elects corporate treatment.

2. Choosing the state: Florida, Wyoming or Delaware?

There is no universally “best” state. The choice should follow the business rather than the other way around. Factors can include where the company will actually operate, the ownership and investment plan, annual state costs, the need for a particular corporate-law environment, and practical banking or counterparty requirements.

The correct answer may also be a state other than these three. If the company will actually conduct business in another state, forming elsewhere can create an additional foreign-registration layer rather than eliminating local obligations.

3. The formation process

1. Define the owners and management. Decide who will hold the membership interests, the percentages, whether the LLC will be member-managed or manager-managed, and who will have authority to act.
2. Select the state and company name. Confirm availability and determine whether the intended business creates a reason to use a particular jurisdiction.
3. Appoint the registered agent and file the formation document. The filing is made with the relevant state authority.
4. Obtain the EIN. The Employer Identification Number is issued by the IRS and is commonly needed for banking, tax administration and counterparties.
5. Put the internal corporate documents in place. A standard Operating Agreement and initial written consents can document ownership, management and authority even where the state does not require the Operating Agreement to be filed publicly.
6. Complete banking/KYC and operational onboarding. Banks and fintech providers apply their own eligibility, KYC and source-of-funds procedures.
7. Calendar annual state and federal compliance. Formation is the beginning of the compliance cycle, not the end.

4. EIN: an ITIN is not automatically required

A common misconception is that a foreign owner must first obtain an ITIN before the LLC can receive an EIN. The current IRS instructions for Form SS-4 state that if the responsible party does not have and is ineligible to obtain an SSN or ITIN, the applicant may enter “foreign” or “N/A” on line 7b.

The responsible party is generally the individual who ultimately owns or controls the entity or exercises effective control over it. The Form SS-4 should be completed consistently with the actual ownership and management of the LLC.

5. What does the Operating Agreement do?

The Operating Agreement is the internal agreement governing the LLC. For a simple company it typically records ownership, management, distributions, decision-making and basic transfer provisions. It is different from the state formation filing and ordinarily is not the document that creates the LLC.

A standard Operating Agreement can be appropriate for a straightforward ownership structure. More sophisticated arrangements—multiple economic classes, investor rights, vesting, options, special voting arrangements or complex transfer restrictions—should be treated as custom work and may require counsel admitted in the governing U.S. jurisdiction.

6. Banking is a separate onboarding process

A formed LLC and an EIN do not guarantee approval by a bank. Financial institutions perform their own onboarding and may request identification, residential address evidence, source of funds, business purpose, contracts, invoices, website information and explanations of expected activity.

For a foreign-owned company, it is useful to think of banking as a separate workstream: the company must be properly documented, but the institution still decides whether the relationship fits its risk and eligibility criteria.

7. U.S. federal tax classification and reporting

The words “LLC” describe a state-law entity, not a single federal tax regime. The federal classification depends on the number of members and any elections made by the entity.

A particularly important rule for Argentine owners is the reporting regime for a foreign-owned U.S. disregarded entity. IRS instructions provide that a foreign-owned U.S. disregarded entity that has reportable transactions may be required to file Form 5472 attached to a pro-forma Form 1120, even though the entity does not otherwise file Form 1120 as a normal corporate income tax return.

For this purpose, reportable transactions can include more than ordinary sales or expenses. The Form 5472 instructions expressly address amounts connected with the formation, contributions, distributions, acquisition and disposition of the entity. This is one reason a foreign-owned LLC should not be treated as “set it and forget it” after formation.

8. BOI reporting: current 2026 position

FinCEN changed the Corporate Transparency Act reporting rules. Under the final rule announced on August 11, 2026, U.S. companies are exempt from BOI reporting requirements. The remaining federal BOI regime is directed at certain foreign entities registered to do business in the United States.

Because this area changed substantially between 2024 and 2026, older articles and formation checklists may still describe requirements that no longer apply to a newly formed domestic U.S. LLC.

9. Do not ignore the Argentine side

A U.S. LLC does not remove the owner from Argentine legal, tax or reporting considerations. For an Argentine resident, the consequences can depend on matters such as the nature of the activity, where decisions and services are performed, how income is earned and distributed, the ownership chain and the individual or entity holding the interest.

Those issues should be analyzed separately from the U.S. state formation. Where necessary, the U.S. federal or state-law component should also be coordinated with appropriately qualified U.S. tax or legal advisers.

10. Practical checklist before you form

• Who will own the LLC, and in what percentages?
• Will it be single-member or multi-member?
• Who will manage it and sign for it?
• What will the company actually do, and where will that activity occur?
• Which state has a real reason to be selected?
• What addresses will be used for the entity, owner and responsible party?
• Will the company need an EIN immediately for banking or operations?
• Is a standard Operating Agreement sufficient, or are custom economic/governance provisions required?
• What annual state filings and federal information returns will apply?
• What Argentine tax and reporting consequences need to be considered?

Frequently asked questions