Frequently asked questions
The answers we give most often. If your situation is not covered, ask the assistant.
General
Can I form a US LLC without being American?
Yes. No nationality, residency or visa is required to form or own a New Mexico LLC. You need a valid identity document, an address and a registered agent in the state — that last requirement is handled by Speed LLC.
Why choose New Mexico rather than Delaware?
Delaware is designed for companies raising outside investment: it imposes a franchise tax and high annual fees. New Mexico requires no annual report and no state tax on revenue. For a single-person, self-funded business, it is considerably cheaper to maintain.
How long does formation take?
The New Mexico Secretary of State processes online filings within one to three business days. The IRS takes three to six weeks to issue an EIN to a non-resident. Speed LLC shows you where your file stands at every moment.
Why use Speed LLC rather than doing it myself?
You can file the articles yourself for $50. But you must then appoint a registered agent (paid), draft a compliant operating agreement, obtain an EIN and track your deadlines — including a federal return carrying a $25,000 penalty. Speed LLC automates the documentation and the monitoring.
What is a registered agent, and is it mandatory?
It is a person or company with a physical address in New Mexico, authorised to receive legal process and official mail on behalf of your LLC. It is a legal requirement, and the address must be a physical location: a PO box is not sufficient.
Tax
Will I pay US taxes?
A single-member LLC owned by a non-resident is by default a disregarded entity for US tax purposes: it pays no federal income tax, but it must file an information return (Form 5472 together with Form 1120). You remain taxable in your country of residence, where you report the LLC's income. Speed LLC provides a guide per country but does not replace individual tax advice.
What is Form 5472, and what happens if I forget it?
It is the annual information return required for a single-member LLC owned by a non-resident. It is due by 15 April of the year following the tax year. Failure to file carries a flat penalty of $25,000. Speed LLC calculates the deadline, warns you in advance and prepares the form under the Autopilot plan.
Banking
Can I open a US bank account remotely?
Yes. Mercury, Relay and several other institutions accept non-resident-owned LLCs and open accounts entirely online. They generally ask for the Articles of Organization, the Operating Agreement, your EIN and your passport — exactly the documents Speed LLC produces.
How do I get my EIN?
The EIN is issued by the IRS using Form SS-4. A non-resident without a Social Security number cannot apply online: the application is made by fax or post, which takes three to six weeks. Speed LLC prepares the pre-filled SS-4 and its cover letter, ready to send.
Legal and obligations
Is my personal information public?
The Articles of Organization filed in New Mexico list the registered agent's name and address, not the members'. Your home address is therefore not exposed on the public register, provided you do not appoint yourself as agent.
Can I change my LLC's name later?
Yes, by filing an amendment with the Secretary of State. It costs a fee and must be documented, notably with your bank and your clients. It is therefore best to check name availability thoroughly from the outset.
What if I want to close my LLC?
An LLC that stops trading without being formally dissolved continues to exist and remains subject to its filing obligations, including Form 5472 and its potential penalty. Closing requires filing articles of dissolution and closing the bank account.
Cannot find your answer?
The Speed LLC assistant answers your questions in French, English, German, Spanish and Italian, drawing on our documentation.