How to Set Up a US LLC from Switzerland (2026 Guide)
A US LLC gives Swiss founders a US bank account, US payment processors, and a Delaware or Wyoming entity that clients trust, all without ever flying to America. Here is how the setup actually works, and what Swiss tax rules mean for you as the owner.
Why Swiss founders form a US LLC
Switzerland has excellent domestic company structures, but a GmbH or a Sarl does not solve the problem most founders actually have: getting paid by US customers, qualifying for Stripe or Mercury without friction, or invoicing American clients who expect a US entity on the contract. A US LLC, usually formed in Wyoming or Delaware, gives you that without requiring US residency, a US visa, or a trip to the States. The LLC itself does not grant you any immigration status, and it does not make you a US tax resident. It is purely a business structure.
Most Swiss founders who go this route are running SaaS products, consulting practices, e-commerce brands, or agencies that bill US or global clients in USD and want a US bank account and card stack that works with the payment tools everyone else uses.
Choosing a state
You do not need to live in, or ever visit, the state where your LLC is formed. What matters is cost, privacy, and ongoing compliance burden.
| State | Best for | Notes |
|---|---|---|
| Wyoming | Most solo founders and small teams | Low annual fees, strong privacy, no state income tax, the common default for non-US founders |
| Delaware | Startups planning to raise venture capital | Investor-familiar, franchise tax can be higher, more paperwork as you scale |
| New Mexico | Very lean solo operators | Cheap, but less standardised support infrastructure than Wyoming |
If you are not raising institutional funding, Wyoming is almost always the simpler and cheaper choice. You will need a registered agent with a physical address in the state, since that is a legal requirement and you will not have one yourself.
The actual setup steps
- Form the LLC. File Articles of Organization with the state, name a registered agent, and get your formation documents and operating agreement.
- Get an EIN. This is your federal tax ID, and you need it to open a bank account, file with the IRS, and generally operate. Non-residents without a Social Security Number apply using Form SS-4, filed by fax or mail directly with the IRS, since the online EIN application requires an SSN or ITIN. This step is the one most people underestimate for how long it takes.
- Decide if you need an ITIN. An ITIN (Individual Taxpayer Identification Number) is for people who are not eligible for a Social Security Number but still need to file US tax forms, for example if you personally have US-source income to report. You do not need an ITIN just to get an EIN for the LLC. You may need one later if you file a personal US return.
- Open a US business bank account. Mercury, Wise, and Relay all support remote onboarding for foreign-owned LLCs, and each will ask for your EIN, formation documents, and identity verification. Approval is not guaranteed and depends on the provider's own risk review.
- Get business cards. Once the account is open, most of these platforms offer a business debit or charge card, useful for software subscriptions, ad spend, and separating business from personal spending.
This is exactly the sequence Founders Credit handles end to end for European founders, LLC formation, EIN, ITIN where needed, and a working US bank account and card, without you having to chase the IRS or a bank compliance team yourself.
Annual IRS compliance, even with zero revenue
A single-member LLC owned by a non-US person is, by default, a disregarded entity for US federal tax purposes. That means the LLC itself does not pay US federal income tax, its activity is reported as if it were the owner's. But disregarded does not mean invisible to the IRS. Every foreign-owned single-member LLC must file Form 5472 alongside a pro-forma Form 1120, every year, even if the LLC had no income and no activity at all. This is an information return, not a tax calculation, but skipping it carries a penalty of 25,000 dollars per late or missing filing. If your LLC also has a US trade or business, or US-source income, additional filings may apply. Most Wyoming and Delaware LLCs also owe a small annual state fee or report to stay in good standing.
How Switzerland treats your US LLC
This is the part that trips up Swiss founders, and it is genuinely more nuanced than for residents of many other countries. The US and Switzerland do not automatically agree on how to classify the same entity.
The US, by default, treats a single-member LLC as disregarded, transparent for tax purposes, with income flowing straight to you as the owner. Switzerland does not automatically follow that classification. Swiss tax practice generally looks at legal form and, importantly, at where the entity is effectively managed. If a US LLC is run day to day by someone resident in Switzerland, making decisions from Switzerland, Swiss tax authorities can take the position that the LLC has its effective place of management in Switzerland. Depending on how the entity is characterised, this can mean the LLC is treated as a separate corporate taxpayer subject to Swiss taxation, rather than as a transparent pass-through the way the IRS sees it.
That mismatch creates real risk of double taxation if it is not planned for properly: the IRS sees no US entity-level tax and just wants your annual 5472 and pro-forma 1120, while Swiss cantonal tax authorities might view the same entity as a Swiss taxable presence on its worldwide profit, or view distributions to you as dividend income. Cantons administer this differently, and Swiss tax practice on foreign LLCs is not perfectly uniform across cantons, so a structure that works cleanly for a founder in Zug may be treated differently in Geneva or Zurich.
The US LLC does not remove your Swiss tax obligations. It is a US business and banking structure, not a substitute for Swiss tax planning.
None of this means you should not use a US LLC from Switzerland. Plenty of Swiss founders do, cleanly, by being deliberate about it: keeping clear records of where management decisions happen, understanding that Swiss tax on your worldwide income and possibly the entity still applies, and getting a Swiss tax advisor to confirm how your specific setup, revenue level, and canton will be treated before you rely on the structure for anything beyond banking and invoicing. This is a one-time conversation with a local advisor, not a reason to avoid the LLC altogether.
A realistic setup order
Form the LLC and get the EIN first, since a bank account is what most founders actually need urgently. Get Swiss tax advice on your specific situation in parallel, not after the fact. File the 5472 and pro-forma 1120 every year without fail, regardless of revenue. Treat the ITIN as something you get if and when a specific US filing requires it, not as a default step everyone needs.
Glossary
EIN: Employer Identification Number, the federal tax ID for your LLC, required to open a US bank account.
ITIN: Individual Taxpayer Identification Number, for people ineligible for a Social Security Number who still need to file a US tax return, unrelated to visa status.
Disregarded entity: the IRS default for a single-member LLC, where the entity's activity is reported as belonging to the owner rather than taxed separately.
Form 5472: an annual information return required from foreign-owned single-member LLCs, filed with a pro-forma Form 1120, carrying a 25,000 dollar penalty if missed.
Registered agent: a person or company with a physical address in your formation state, legally required to receive official mail on the LLC's behalf.
Effective place of management: the location where key business decisions are actually made, which Switzerland can use to assert tax jurisdiction over a foreign entity regardless of where it is legally formed.
Frequently asked questions
Do I need to travel to the US to set up an LLC from Switzerland?
No. Formation, the EIN application, and US bank account onboarding with providers like Mercury or Wise can all be completed remotely from Switzerland. The main bottleneck is usually the EIN, since non-residents apply by fax or mail rather than online.
Which state should a Swiss founder choose?
Wyoming is the common default for solo founders and small teams because of its low annual costs and simple compliance. Delaware is more common if you are planning to raise venture capital, since investors are more familiar with it, but it comes with higher franchise tax and more paperwork.
Will Switzerland tax my US LLC or just tax me personally?
It depends on how the LLC is classified and where it is effectively managed. If Swiss authorities view the LLC as effectively managed from Switzerland, they may treat it as a taxable entity in its own right rather than as a pass-through the way the IRS does. Get a Swiss tax advisor to review your specific setup before assuming either way.
Do I need an ITIN before I can get an EIN?
No. The EIN is obtained for the LLC using Form SS-4, and non-residents without a Social Security Number can still get one. An ITIN is a separate, personal tax ID that you would only need if you have to file a personal US tax return.
What happens if I forget to file Form 5472?
The IRS can impose a 25,000 dollar penalty for a late or missing Form 5472, filed alongside a pro-forma Form 1120, even if your LLC had zero revenue and zero activity that year. This filing is required annually for as long as the LLC exists with foreign ownership.
Can Founders Credit help with the Swiss tax side too?
Founders Credit handles the US side end to end, LLC formation, EIN, ITIN where needed, and US business banking and cards. For Swiss tax classification questions, we recommend pairing that with advice from a Swiss tax professional familiar with your canton, since local treatment can vary.
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