How to form an LLC in New York from abroad
Set up your company in the financial heart of the world. No travel, no SSN. Sell-U walks you through every requirement, including publication.
Why New York for your LLC?
- Prestige and access to the largest financial center in the world.
- Excellent for fintech, fashion, media and professional services.
- Heads up: publication in 2 newspapers is required (variable cost).
- Best if you operate, sell or want a brand presence in New York.
Why New York?
New York means prestige and access to the biggest financial market on the planet. It is ideal for fintech, fashion, media and professional services. The thing to keep in mind is the publication requirement: the law requires you to publish the LLC formation in two newspapers for six weeks, at a cost that varies widely by county.
Global financial capital
Access to investment, banking and a market with very high purchasing power. A New York LLC adds brand weight with international clients and investors.
Ideal for services and fintech
Fashion, media, consulting, fintech and professional services find their natural market in New York, plus a network that is hard to match.
Publication requirement
New York requires you to publish the LLC formation in 2 newspapers designated by the county for 6 weeks, then file the Certificate of Publication ($50). The cost of publication varies widely (higher in NYC).
How to open your New York LLC: step by step
You can do the whole process on your own. Steps 2 and 4 are where foreign founders get stuck the most: that is where Sell-U takes over for you.
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01
Choose your LLC name
It must end in "LLC" or "L.L.C." and be unique in New York. Check availability on the New York Department of State portal.
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02
Appoint a Registered Agent in New York
A person or company with a physical address in New York that receives legal mail. It can’t be you if you live outside the US.
Sell-U handles it -
03
File the Articles of Organization
The document that forms your LLC with the New York Department of State. Filing fee $200. Approval in 1–3 business days (online).
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04
Get your EIN from the IRS
The Employer Identification Number is the US equivalent of the RFC in Mexico or the NIT in Colombia. Without an SSN you must file Form SS-4 by fax or mail. It takes 4–8 weeks if you do it yourself.
Sell-U handles it -
05
Draft your Operating Agreement
It defines how your LLC runs: members, ownership percentages, decisions, distributions. It is not filed with the state, but banks and partners almost always ask for it.
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06
Open your bank account and start operating
With your active LLC and your EIN you can apply to fintechs like Mercury, Relay or Wise Business. The process is 100% remote. Keep in mind that approval depends on each financial institution and is not guaranteed. Sell-U can guide you through it.
What you’ll pay for your LLC next year.
No hidden fees. These are the real yearly costs of keeping your LLC in New York.
| Item | Details | Amount USD | Frequency |
|---|---|---|---|
| Registered Agent | Mandatory annual service for LLCs without a physical office in New York. Cost varies by provider. | $50 – $300 | $50 – $300 |
| Biennial Statement | New York has no yearly Annual Report: you file a Biennial Statement (every 2 years) for $9 with the Department of State. The one-time publication requirement at formation is separate. | $9 (every 2 years) | Biennial |
| Taxes and tax compliance | Tax filings and informational returns with the IRS, depending on structure and activity. | From $150 | Annual |
| Sales Tax New York | New York charges 4% state + local (up to about 8.875% in NYC). For non-residents with no physical or economic nexus in NY it generally does not apply. Review it with a CPA. | 4% + local | It depends |
Sell-U includes the EIN and Operating Agreement in your formation package. You only pay the mandatory annual renewals.
Why New York is tax-friendly.
Three numbers that matter in New York. The LLC is pass-through at the federal level; watch out for the publication requirement at formation.
One-time requirement at formation.
You must publish the formation in 2 county newspapers for 6 weeks and file the Certificate of Publication ($50). The cost of publication varies by county (higher in NYC). Sell-U guides you.
State rate, plus local surcharges.
Applies if you have physical or economic nexus in New York. Without a presence in the state it usually does not apply. Review each case with a CPA.
Pass-through at the federal level.
As a single-member non-resident with no physical activity in the US there is usually no federal payment, but you must file Form 5472 + pro forma 1120 with the IRS. (*State income tax only applies if you have nexus with NY.)
This is not tax advice. Each case depends on your residency and income. We work with partner CPAs who know the Latin American founder case.
What’s due every year (and the penalties if you forget).
Forming the LLC is just the beginning. These are the dates you need on your calendar.
| Obligation | Due date | Cost | Penalty for non-compliance |
|---|---|---|---|
| Publication + Certificate of Publication | Within 120 days of formation | Variable + $50 | The LLC’s authority to do business in NY is suspended until you comply. |
| Biennial Statement | Every 2 years (anniversary month) | $9 | The LLC is listed as "past due" in the state registry. |
| Registered Agent renewal | Your LLC anniversary | $125 | Loss of legal status |
| Federal taxes | April 15 | Depends on structure | $25,000 base IRS penalty for not filing Form 5472 |
Forget the dates. Sell-U tracks them for you.
Annual Report, Registered Agent and tax reminders. We alert you 60 days before every deadline.
What matters, straight up.
Don’t see your question? Message us and a specialist will reply in under 24 hours, in English or Spanish.
Do I need an SSN or to live in the US to open my New York LLC?
No. You can form it from any country in Latin America or Spain, with no SSN, no ITIN and no travel. You only need a Registered Agent with a physical address in New York (Sell-U provides it), your passport and a mailing address.
What is the New York publication requirement?
New York law requires you to publish the LLC formation in 2 newspapers (one daily and one weekly) designated by the county for 6 weeks, then file the Certificate of Publication ($50). The cost of publication varies a lot by county: low in rural counties and high in Manhattan. Sell-U helps you keep it down.
How long until my LLC is up and running?
The Articles of Organization are approved in 1–3 business days. The EIN without an SSN takes an extra 4–8 weeks. Publication runs in parallel during the first weeks. With Sell-U the full process usually wraps up in 4–6 weeks.
Can I open a bank account for my LLC without traveling to the US?
Yes. Digital banks like Mercury, Relay and Wise Business accept founders without an SSN with an active LLC, an EIN and a passport. The process is 100% remote, although approval depends on each institution.
When does New York make sense over another state?
When you want prestige, access to the financial market, or you have customers and operations in New York. If you only want an affordable LLC to run an online business from abroad, Wyoming or Florida avoid the publication cost.
Your New York LLC, ready to operate.
Tell us about your business. A specialist will reach out in under 24 hours with a tailored plan and fixed pricing.
- LLC + EIN + Registered Agent, all included
- No SSN. No travel. 100% remote.
- Support in Spanish or English, Latin American hours
- Secure payment in USD, no hidden fees
Start your New York LLC
Takes less than 2 minutes.