Forming a U.S. LLC from Vietnam: EIN, Banking and Taxes

By Manna One Solution · Published October 19, 2026 · Updated October 19, 2026

Forming a U.S. LLC from Vietnam: EIN, Banking and Taxes

People living in Vietnam can form an LLC in the United States without traveling, without a green card and without an SSN. You need a registered agent with an address in the state where you form the company. You request an EIN by phone, fax or mail; foreign individuals don't need an ITIN to get one. If a foreign person is the LLC's only owner, the LLC files a yearly Form 5472 attached to a pro forma Form 1120. Missing Form 5472 can cost a $25,000 penalty.

One point matters more than the rest: owning a U.S. company does not give you the right to live or work in the U.S. To come and run the business in person, you still need a suitable visa.

Key takeaways

  • No SSN, ITIN or U.S. trip is needed to form the LLC and get an EIN.
  • A single foreign owner files Form 5472 with a pro forma Form 1120 every year; missing it can cost $25,000.
  • Owning a U.S. LLC does not give you a visa or the right to work in the U.S.

Step 1: Choose a state and form the LLC

You don't have to live in the state where you form the company. In Texas, for example, the organizer doesn't need to be a Texas resident, and the Form 205 fee is $300 (see How to Form an LLC in Texas).

The registered agent is required: according to the Texas Secretary of State, it must be a Texas resident or an entity authorized to do business in Texas, with a Texas street address. Owners in Vietnam usually hire a registered agent service.

Pick the state where you will actually do business, where your customers or inventory are. Forming in one state and operating in another can mean registering again in the second state.

Step 2: Get an EIN without an SSN

According to the Form SS-4 instructions (12/2025) and the IRS EIN page (updated October 16, 2026):

  • Online isn't available. The IRS online tool is only for businesses based in the U.S. with a responsible party who has an SSN or ITIN.
  • By phone: international applicants call 267-941-1099 (not toll-free), Monday to Friday, 6 a.m. to 11 p.m. Eastern time.
  • By fax: send Form SS-4 to 304-707-9471 from outside the U.S., or 855-215-1627 from inside the U.S.
  • No ITIN needed: the IRS says foreign individuals are not required to have an ITIN to receive an EIN. On line 7b of Form SS-4, enter "Foreign" or N/A if the responsible party doesn't have and isn't eligible for an SSN or ITIN.
  • The EIN is free. The IRS charges nothing for it.

Line-by-line details: How to Get an EIN for Your LLC.

Step 3: Open a bank account

This is usually the hardest step from Vietnam. Under FinCEN's CDD rule, U.S. banks must verify everyone who owns 25% or more of the company and one person who controls it. Many traditional banks require the owner to visit a branch. Some online banks and financial services accept foreign owners, but their terms vary by provider and change over time.

Banks commonly ask for the Certificate of Formation, the EIN confirmation letter, the Company Agreement and a passport. See Opening a Business Bank Account for Your LLC.

Step 4: File Form 5472 every year (single foreign owner)

This is the step people most often miss. According to the IRS Form 5472 instructions:

  • A single-member LLC owned by a foreign person is a "foreign-owned U.S. disregarded entity". It has no income tax return of its own, but it must file a pro forma Form 1120 with Form 5472 attached to report transactions with its owner (for example, money the owner puts in, takes out or lends).
  • The due date is the Form 1120 due date, including extensions.
  • According to the IRS international penalties page, each failure to file a complete Form 5472 can bring a $25,000 penalty. If the IRS sends a notice and the form is still missing after 90 days, another $25,000 may apply for each 30-day period, with no maximum.

Whether the LLC's income is taxed in the U.S. depends on where the work is done and whether it is connected to a U.S. business. According to the State Department's 2025 Investment Climate Statement for Vietnam, the U.S. and Vietnam do not have a bilateral income tax treaty. Talk to a tax preparer who handles international returns before you start selling.

BOI: no longer required

According to FinCEN, a final rule effective August 14, 2026 permanently exempts every company created in the United States from BOI (beneficial ownership information) reporting. A Texas LLC owned by someone in Vietnam is still a company created in the U.S., so it is exempt. Only companies formed abroad and registered to do business in the U.S. must report.

Does a U.S. company help with a visa or green card?

Owning an LLC does not create any right to live or work in the U.S. Some visa categories tied to investing in or running a business have their own detailed requirements. Ask a licensed immigration attorney about those.

Need someone to handle the paperwork remotely?

Manna One Solution works online with clients in Vietnam, in Vietnamese or English. We prepare the LLC formation (mainly Texas, other states case by case) and request the EIN by fax for owners without an SSN. We also walk you through the bank paperwork, remind you of the Form 5472 deadline, and build your website and Google Business Profile when you are ready to sell. Manna One Solution is not a law firm and does not give legal or immigration advice.

Sources

Frequently asked questions

Can someone in Vietnam form an LLC in the U.S.?

Yes. You don't need to travel, hold a green card or have an SSN. You need a registered agent in the state of formation and an EIN requested by phone, fax or mail.

How do I get an EIN without an SSN?

Call the IRS international line at 267-941-1099 or fax Form SS-4 to 304-707-9471. According to the IRS, foreign individuals don't need an ITIN to receive an EIN.

Do I need an ITIN?

Not to get an EIN. An ITIN may be needed for other things, such as filing a U.S. personal tax return; ask a tax preparer about your situation.

What is Form 5472?

It reports transactions between the LLC and its foreign owner. A single-member LLC owned by a foreign person files it every year with a pro forma Form 1120. Each failure to file can bring a $25,000 penalty.

Does a Vietnamese-owned LLC have to file BOI?

No. According to FinCEN, since August 14, 2026 every company created in the U.S. is exempt from BOI reporting, even when the owner is foreign.

Does owning a U.S. LLC let me come to the U.S. to work?

Not by itself. A company doesn't create a visa or work authorization. Ask a licensed immigration attorney about visa categories tied to a business.

Can I open a U.S. bank account from Vietnam?

It depends on the bank. Many traditional banks require the owner at a branch; some online banks accept foreign owners. Every bank must verify each person who owns 25% or more.