Create a company in the USA with Merritt
In short
LLC
A popular choice for non-resident entrepreneurs: a flexible company structure, generally pass-through taxation, and no nationality requirement.
C-Corp
Often chosen by businesses planning to raise capital from U.S. investors.
Registered agent
Required in Florida; the Orlando address ensures service of process and serves as the operational headquarters.
EIN
Obtained within 4 business days by fax from the IRS, without a prior SSN or ITIN.
Bank account
Opening remotely or in person in Florida, upon presentation of the EIN, articles of incorporation, and passport.
Initial cost
10,944 AED for the setup package and first year, including authority fees.
Overall timeframe
3 to 6 weeks for a complete application, depending on the state and the chosen bank account opening method.
Choose Merritt to establish your company in the USA
For several years, we have offered a streamlined service tailored to non-resident entrepreneurs in the USA. Our pricing is clear and transparent: one annual invoice, no hidden fees, and one comprehensive package with no add-ons.
Comprehensive support
We are very responsive and answer all your questions quickly by email, contact form, phone, and WhatsApp.
Assistance with the company’s required tax filings, including Form 5472.
A real physical address in Florida, not just a P.O. box.
Assistance with opening the bank account and preparing the application file.
A team dedicated to the company's administrative follow-up after registration.
What we do
Comprehensive support for creating, maintaining, and growing your company in the United States.
Company formation
All steps related to registration: filing with the state registry and the IRS, drafting the Articles of Organization and Operating Agreement, appointing the registered agent, and obtaining the EIN.
Ongoing company support
Assistance with maintaining the company file: annual report, annual tax filings, changes to shareholders or the manager, change of company name, increase or reduction of capital, dissolution.
Opening a bank account
Assistance with opening a business bank account in the USA or abroad. The account can be opened remotely or in person in Florida, with help preparing the application and support during the appointment.
Advice and assistance
A 100% French-speaking team with expertise in the administrative, legal, accounting, and tax matters involved in operating a U.S. entity.
How we do it
A local, responsive team with expertise for every stage of the case.
A multidisciplinary team
Specialists in corporate law, accounting, and administrative management.
Offices in Florida
Located in Orlando, 15 minutes from Orlando International Airport, with easy access by car.
Responsive customer service
Response by email, phone, and WhatsApp within 4 hours, Monday through Friday inclusive.
Personalized service
A small, people-focused organization, with no anonymous platform or automated form.
LLC or C-Corp: Which Structure Should You Choose?
The choice of entity comes before any formalities. In the United States, the federal government does not grant legal personality: registration is handled by each state, while taxation is handled by the IRS. Two entities are the main options for a nonresident entrepreneur: the Limited Liability Company and the C-Corporation. A detailed comparison is also available on our page about the different types of companies in the USA.
The LLC, the go-to structure for non-residents
- Limited liability company → a limited liability company, similar in effect to a French SAS.
- Pass-through taxation → a single-member LLC owned by a nonresident is not taxed at the company level; income is attributed to the member.
- No nationality requirement → no U.S.-resident member or manager is required, either for registration or for banking.
- Membership interests → membership interests may be transferred according to the terms of the Operating Agreement, without any public filing formalities.
- Management → managed by the sole member or by a designated manager (manager-managed).
- Form 5472 → an annual information return specific to foreign-owned entities, which must be filed even if there is no activity.
The C-Corp, a vehicle for funded projects
- Corporate income tax → 21% federal tax on taxable income.
- Shares and stockholders → capital divided into shares, stockholder register, board of directors, officers.
- QSBS → qualified small business stock regime, partial capital gains exemption upon resale, subject to holding period and business activity requirements.
- Dividend withholding → distributions subject to 15% withholding tax, reduced to 5% for a company holding at least 10% of the capital under the France–United States tax treaty.
- Reporting → annual Form 1120, financial statements and more extensive governance requirements to maintain.
LLC / C-Corp comparison table
| Criterion | LLC | C-Corp |
|---|---|---|
| Federal taxation | Pass-through taxation (disregarded entity for a single-member LLC) | Corporate income tax 21% |
| Non-resident members | Permitted without restriction | Permitted, with more extensive formalities |
| Equity issued | Membership interests | Shares |
| U.S. fundraising | Rare | Standard |
| Annual obligations | State annual report + Form 5472 | State franchise tax + Form 1120 |
| Exit | Transfer of membership interests | Share transfer; QSBS may apply |
| Setup time | 5 to 10 business days | 7 to 15 business days |
U.S. subsidiary or parent company: how do they fit together?
Two structures coexist. The American subsidiary is owned by the French parent company: it invoices local customers, keeps its accounts locally, and transfers profits through dividends or recharging. Direct ownership by an individual simplifies governance but exposes personal assets to U.S. reporting obligations. Relocating a company to the USA - the gradual transfer of customers, contracts, and resources - is planned over two fiscal years: intercompany invoicing, transfer pricing, continuity of contracts, and exit from the French tax regime. The file is prepared with a cross-border tax advisor; Merritt provides the U.S. documents and coordinates the local side.
The choice of state: Florida, Delaware, Wyoming
Florida
Fast registration, no state income tax for individuals, and extensive banking networks in Orlando and Miami.
Delaware
Reference jurisdiction for venture-funded C-Corps, with a separate annual franchise tax.
Wyoming
Moderate annual cost, discreet records, low litigation exposure.
Florida remains the default choice for files handled by Merritt: our Orlando offices serve as the registered agent, physical address, and on-site banking logistics hub. The registered agent framework is governed by Florida Statute § 605.0113: the agent must be domiciled in Florida or authorized to do business there, and must accept the appointment in writing.
The steps to setting up a company in the USA
Eight sequential steps, from reserving the name to the first annual filing.
The full timeline is on the page timelines for forming a company in the USA and opening a bank account.
Name and State validation
- Name availability check : availability search in the state registry before any filing.
- Fictitious name : trade name distinct from the legal business name, registered separately if applicable.
Registered agent designation
- Registered agent: legal entity authorized in Florida, reachable during business hours.
- Registered office: physical address for service of process, never a post office box.
Filing of the Articles of Organization
- Articles of Organization: articles of organization filed with Sunbiz, state fees 125 USD.
- Effective date: immediate or delayed effective date, up to 90 days.
Adoption of the Operating Agreement
- Operating Agreement : operating agreement: allocation of ownership interests, manager’s powers, exit clauses.
- Corporate resolutions : initial organizational resolutions signed by the members.
Obtaining the EIN
- Form SS-4: application for a federal tax ID number from the IRS, enter “N/A” in box 7b if you do not have an SSN.
Opening a bank account
- KYC / onboarding : identity verification of the holders and the source of funds.
- Certified documents : certified articles of incorporation and signed Operating Agreement, to be attached to the application.
Setting up billing and accounting
- Invoicing : compliant invoice template, bank details, and legal notices.
- Bookkeeping : monthly bookkeeping and Sales Tax tracking if taxable sales exist.
Annual compliance
- Annual report: the company’s annual filing with Sunbiz, USD 138.75, due May 1.
- Form 5472 + pro forma 1120: federal filing for foreign-owned entities, due April 15.
Actual costs and timelines
The budget breaks down into three components: government fees, service provider fees and recurring maintenance costs.
1. Government fees
| Item | Florida | Delaware | Wyoming |
|---|---|---|---|
| LLC formation filing | 125 USD (100 + 25 agent) | from 110 USD | 100 USD |
| Annual filing | 138.75 USD, due May 1 | 300 USD, due June 1 | 60 USD minimum |
| Late-filing penalty | + 400 USD | interest and penalties | entity suspension |
| EIN | free | free | free |
Reference fee schedules are published by Sunbiz for Florida, by the Delaware Division of Revenue for franchise tax, and by the Wyoming Secretary of State for annual fees.
2. Our fees
Formation package
10 944 AED : Company formation, registered agent and physical address for 12 months, EIN, banking assistance and first year of support.
Certificate of Status
367 AED, certificate of good standing issued by the state.
Sales Tax registration
735 AED.
Monthly sales tax filing
551 AED per monthly declaration.
Capital amendment
918 AED.
Manager appointment / resignation
551 AED per filing.
Dissolution
3 673 AED, closing the case with the state and the IRS.
The complete pricing schedule is published without any options or management fees. The amounts are stated in dirhams and paid in a single annual invoice.
3. Typical processing times
Florida Registration
3 to 5 business days via e-filing, 2 to 3 weeks by mail.
EIN
4 business days by fax for an applicant based outside the United States, approximately 4 weeks by mail.
Bank account
1 to 3 weeks for remote onboarding, 5 to 10 business days for an appointment at a branch in Florida.
ITIN
7 weeks under normal conditions, 9 to 11 weeks during peak periods or from abroad.
Full application
3 to 6 weeks between the client's approval and the first payment into the U.S. account.
4. Recurring costs to plan for
Annual report
Annual state filing, required every year.
Registered agent
Annual renewal of the registered agent service in Florida.
Form 5472 preparation
Preparation and filing of the annual federal tax return.
Bookkeeping
Bookkeeping, Sales Tax schedule, bank reconciliations.
EIN, ITIN, and U.S. Taxation
Three different identifiers are regularly confused: the company’s EIN, the individual’s ITIN, and the TIN, a generic term that encompasses both.
EIN: the company's federal tax identification number
- EIN (Employer Identification Number) — 9-digit federal identifier assigned to the entity.
- Form SS-4 — Application form, which can be faxed from abroad to +1 304 707 9471.
- Line 7b — “N/A” accepted for an applicant without an SSN or ITIN, according to the IRS Form SS-4 instructions.
- CP 575 / Letter 147C — Official proof of the number, required by banks.
ITIN and TIN: how to obtain a U.S. taxpayer identification number
The U.S. TIN refers to any tax identification number issued by the IRS. For an individual not eligible for a Social Security Number, the route is the ITIN.
- ITIN (Individual Taxpayer Identification Number) — Personal 9-digit number, issued upon application with valid grounds.
- Form W-7 — Application form, accompanied by the original passport or a certified copy.
- Certifying Acceptance Agent — Authorized agent who certifies identity documents and avoids sending the passport to the IRS.
- Processing time — 7 weeks according to the IRS Form W-7 instructions, 9 to 11 weeks between January 15 and April 30 or for an application filed from abroad.
- When required — Personal tax return 1040-NR, request for application of a treaty rate, refundable tax credit.
LLC reporting requirements
- Form 5472 + pro forma Form 1120 — Filing is required for a single-member LLC wholly owned by a nonresident as soon as a transaction occurs between the company and its owner. Due April 15, extendable to October 15 using Form 7004.
- Penalty — USD 25,000 for failure to file, with possible increases for each 30-day period after notice, according to the IRS Form 5472 instructions.
- BOI reporting — Under the final rule effective August 14, 2026, entities formed in the United States are exempt from beneficial ownership reporting; foreign entities registered in the United States remain subject to it, with a 30-day deadline (FinCEN).
- Sales Tax — 6% Florida state tax, plus the county discretionary surtax; registration is required when taxable goods are sold.
- W-8BEN / W-8BEN-E — Foreign tax status certificates provided to U.S. clients and banks.
- French filings — Form 3916 and review of Article 123 bis of the French General Tax Code for an entity subject to a preferential tax regime, to be assessed with an adviser.
France–United States tax treaty
- Treaty benefits — Subject to French tax residency and the absence of a permanent establishment in the United States.
- Dividends — Withholding tax limited to 15 %, or 5 % for a shareholding of at least 10 % of the capital.
- Interest and royalties — Withholding tax eliminated in most cases covered by the treaty (IRS, list of treaties).
Details of federal, state, and local taxes are consolidated on the taxes applicable in the USA page.
Open a U.S. bank account
The business account is essential to operations: collecting payments from customers, paying suppliers, and settling taxes. Two options are available to a company owned by a non-resident.
Traditional bank or neobank
- Traditional bank : Physical branch, cash deposits, checks, and a close relationship; in-person account opening, including for a non-resident director.
- Fintech / neobank : Online account opening, international transfers, no cash deposits; eligibility criteria by country and business sector.
- Multi-currency account : USD account linked to EUR or AED accounts to limit conversion fees.
Required documents
- EIN confirmation : CP 575 or letter 147C; the SS-4 returned by the IRS is sometimes accepted.
- Formation documents : Articles of Organization certified by the state.
- Operating Agreement : Operating agreement signed by all members.
- Passport : Identification document for each owner holding 25% or more, and for the person exercising operational control.
- Proof of address : Proof of address for the company manager, such as a recent bill or bank statement.
- Business description : Actual nature of the business, expected counterparties, and source of funds.
Details about the institutions and their criteria are available on the choosing a bank in the United States page.
The in-person appointment in Florida
Our Orlando offices prepare the application, schedule the appointment, and accompany the business owner in person. The appointment lasts about 45 minutes: verification of original documents, signature of the signature card, designation of beneficiaries, and initial deposit. In-person attendance remains the most reliable way to open an account for businesses handling cash or serving local customers.
Compliance and application rejection
- KYC / KYB : Document verification of identity and ownership structure.
- Restricted jurisdictions : Countries subject to sanctions or enhanced monitoring, excluded by certain banks.
- High-risk industries : Crypto-assets, gambling, commodities trading: enhanced due diligence.
Services available in the USA
FAQ: Starting a company in the USA
Yes. Legal registration, obtaining an EIN, and opening an account with a neobank can all be handled remotely using documents. A visit to Florida is still recommended for opening an account at a traditional bank.
The LLC is suitable for most consulting, e-commerce, and asset-holding projects. A C-Corp is the right choice when the funding round includes U.S. funds that require shares and a standard shareholders’ agreement.
Four business days by fax for an applicant based outside the United States, compared with about four weeks by mail. The number alone is rarely enough: the bank also requires the CP 575 or 147C letter.
No. The EIN is sufficient to register the company and open the bank account. An ITIN becomes necessary to file a personal tax return, request a treaty-based withholding tax rate, or claim a tax credit.
A legal representative domiciled in Florida, responsible for receiving legal documents and official correspondence. This is mandatory, and the address cannot be a simple post office box.
Yes. Some digital financial institutions allow nonresidents to open an account remotely upon presentation of the EIN, the Articles of Organization, the Operating Agreement and a passport. Approval depends on the institution's policies regarding the applicant's country and business sector.
The annual report, due by May 1, costs 138.75 USD, with a 400 USD penalty for late filing. Federal Form 5472 filing and ongoing accounting requirements may also apply.
A single-member LLC owned by a nonresident with no business activity in the United States is generally not taxed on its worldwide profits. However, it still has an annual filing requirement, with a penalty of 25,000 USD for failure to comply.
Yes, by creating a U.S. subsidiary and gradually transferring the business. The structure involves intercompany billing, a transfer pricing policy, and a review of current contracts.
10,944 AED for the setup package and first year, including government fees, registered agent, physical address, EIN, and banking assistance. One-time services are billed per service.
Ready to set up your company in the USA?
Our team assists you with your procedures and answers all your administrative, legal, accounting, and tax questions.