Who this is for
- Owners living outside the US who operate a US LLC, partnership or corporation
- Foreign companies considering a US business account
Not covered here
- How to obtain an EIN without a US social security number
- Whether an address or account creates a US trade or business
- State-specific formation, registration and reinstatement rules
- A particular bank's or payment platform's onboarding policy
Do I need a registered agent in the state where I formed my company?
A company formed in Delaware must keep a registered office and agent in Delaware even when its owners and work are abroad. The agent receives legal process and certain state communications; the registered office need not be the company's place of business (Delaware Division of Corporations). Check the formation state's rule if you formed elsewhere. A sole proprietor who did not form an entity should not assume a company registered-agent rule applies.
If an agent resigns or the company loses good standing, see reinstating your company for the state repair steps.
Can I be my own registered agent, and can I use the agent's address as my business address?
In Delaware, you can serve personally as your own agent only if you are a Delaware resident with a physical Delaware street address and are generally present there during normal business hours. Living abroad alone does not meet those requirements. Delaware allows a qualifying entity to act as its own agent when physically located there (Delaware Division of Corporations). Other states set their own rules.
An agent's office is an address for service of process. It is not automatically where you direct the company or perform the work. Use it as another form's mailing address only if the agent agrees to receive and promptly forward that kind of mail. Do not label it as the company's physical operating location unless the company actually operates there (Delaware Division of Corporations; IRS Form SS-4 instructions).
For a Delaware corporation's annual franchise tax report, the principal-place-of-business address cannot be its registered office or another agent's address unless it operates in Delaware and serves as its own agent (Delaware Code, title 8, section 502).
Which addresses go on Form SS-4 when the owner and work are abroad?
Form SS-4 separates where the IRS should send mail from where the entity is physically located. A US formation address does not turn a business run abroad into a US physical office (IRS Form SS-4 instructions).
| Form SS-4 field | What to enter |
|---|---|
| Lines 4a–4b, mailing address | The address for the entity's IRS correspondence. A foreign address is allowed; include the city, province or state, postal code and full country name. |
| Lines 5a–5b, street address | The entity's physical address if different from the mailing address. Do not use a post office box. A foreign physical address is allowed. |
| Line 6, county and state where principal business is located | If required, identify the entity's actual primary physical location, not the formation state merely because it formed there. Leave line 6 blank when requesting an EIN solely for banking. |
These are the IRS's line instructions and form. The legal name on line 1 should match the charter or other formation document. For a sole proprietor, line 1 is the individual's name, with a different trade name on line 2 (IRS Form SS-4 instructions).
Can I use a foreign IRS mailing address and change it later?
Yes. Form SS-4 expressly allows a mailing address outside the US, and Form 8822-B reports a later change to the entity's mailing address or business location. An entity with an EIN must report a responsible-party change on that form within 60 days (IRS Form 8822-B). Keep a working delivery address: an EIN notice or later IRS letter may arrive there.
If you have no US residence, principal place of business, or principal office or agency, the IRS says the online EIN application is unavailable. See forming and running a company from abroad for the EIN application methods.
What location and owner identity does a US bank verify?
A bank's customer identification program normally collects the company's name, physical location and identifying number, then uses risk-based methods to verify its identity. If the company has applied for a tax ID, the bank's procedures may allow opening before it arrives, subject to confirming the application and obtaining the number within a reasonable time; the bank may still require it first. For a company or partnership, the address is a principal place of business, local office or other physical location. For an individual sole proprietor, it is a residential or business street address. The federal rule does not require either address to be in the US (31 CFR 1020.220).
For a legal entity customer, covered banks generally identify each individual who directly or indirectly owns at least 25% and one individual who controls it. If a trust owns that share, the bank identifies the trustee, which can be an entity. For each identified individual, the bank collects a name, birth date, residential or business street address and identification number. A foreign owner can give a foreign street address and passport details. Do not substitute an agent's address for the owner's real street address (31 CFR 1010.230; FinCEN CDD FAQs).
Will a registered-agent, mail-service or virtual address satisfy a bank or payment platform?
Only if it fits the information requested and the institution accepts it. A mailing location may be useful for correspondence, but it does not replace the company's actual physical location in the bank's customer identification record. The bank must be able to form a reasonable belief that it knows the customer and can decline or close an account when it cannot verify identity (31 CFR 1020.220).
Payment platforms set their own onboarding rules and may request a business address, owner identification and a tax form. The IRS instructions for Form W-8BEN specifically discuss payment settlement entities requesting tax documentation from foreign individuals. Ask the institution which field means mailing address, which means operating location, and what evidence it accepts before paying for an address service. An EIN confirms a tax identifier; it is not approval for an account.
If a bank rejects a virtual or agent address as the business location, give it the company's actual physical location, even if abroad, and ask what proof it accepts. Use the agent or mail-service address only in a mailing field the institution permits. The bank may still decline the application (31 CFR 1020.220).
Which records should I gather before applying for a company account?
Line up documents that establish the legal entity, its owners and the real business location. The federal rules give banks examples of verification documents, while each bank chooses its required package (31 CFR 1020.220; FinCEN CDD FAQs).
| Record | Why the bank may ask |
|---|---|
| Formation certificate or comparable government record | Shows the entity exists and matches its legal name. |
| Operating or partnership agreement, ownership record and authorized signer record | Shows who owns and controls the entity and who may open the account. |
| EIN notice or other IRS confirmation, if the entity has an EIN | Connects the entity's name to its tax identifier. |
| Owner and signer identity documents | Supports verification of the people behind the account. |
| Evidence of the actual operating location | Supports the physical address supplied to the bank. |
| Description of the business and expected account use | Helps the bank understand the relationship and expected transactions. |
Ask the bank for its checklist before ordering extra documents. If its requested address conflicts with the IRS or formation records, explain what each address represents rather than changing a record to an address where the business does not operate.
Can I open a US account remotely or use my existing foreign company?
Remote opening is possible only if the institution's procedures allow and verify it. Federal bank rules require procedures for accounts opened without the customer appearing in person; they do not require any bank to offer remote opening (31 CFR 1020.220). Ask about owner residence, remote identity checks, acceptable locations and documents before applying.
FinCEN permits a bank to verify a beneficial owner who cannot appear in person through a copy of valid ID or other verification methods; the bank chooses its procedures (FinCEN CDD FAQs).
A foreign company may apply as the customer without first forming a US LLC: the beneficial ownership rule includes similar entities formed under foreign law that open an account. A bank may still decline it. The bank identification rule says that, if a foreign business has no identification number, the bank must request alternative government-issued documentation certifying its existence (31 CFR 1020.220). Whether that foreign company needs state registration or US tax filings depends on its activities, not the account application alone; see when foreign owners owe US tax.
Which name and address go on Form W-8BEN, W-8BEN-E or W-9?
A bank or payment platform may ask for a W-8 or W-9 to document the payee's US tax status; that form does not replace its separate identity checks. Choose the form by the payee's tax status and the LLC's tax classification, not where the owner lives or the account name. A US citizen living abroad gives Form W-9, not W-8BEN (IRS W-8BEN instructions; IRS Form W-9).
| Payee | Name and address to report |
|---|---|
| Nonresident alien individual, including a foreign owner of a disregarded LLC | On Form W-8BEN, use the individual's name and tax-residence address; a mail-only or agent address is not the permanent residence address. Enter a different mailing address separately. Tell the payer when the account is in the LLC's name (IRS instructions). |
| Foreign entity that is the beneficial owner | On Form W-8BEN-E, use the foreign entity's legal name and tax-residence address, or its principal office if it has no tax residence, with a separate mailing address if different. A registered address may qualify only if it is the entity's sole address and appears in its organizational documents. A disregarded entity normally reports its owner's name on line 1; special hybrid-entity rules can differ (IRS instructions). |
| Domestic corporation or partnership treated as the payee | On Form W-9, use the entity's legal name and tax ID. The address is where the requester should mail information returns (IRS Form W-9). |
A US LLC with one foreign owner that is disregarded generally has the foreign owner provide the appropriate Form W-8, not an LLC Form W-9. A US LLC taxed as a corporation or partnership may provide its own Form W-9. A payment effectively connected with a US trade or business can call for Form W-8ECI instead of W-8BEN or W-8BEN-E; confirm the payment's tax treatment before signing (IRS W-8BEN instructions; IRS Form W-9).
A foreign partnership generally provides Form W-8IMY rather than W-8BEN-E; hybrid-entity and payment-settlement exceptions can change the documentation (IRS W-8BEN-E instructions).
If a change in residence or tax status makes a W-8BEN or W-8BEN-E incorrect, notify the payer and provide updated documentation within 30 days. A person who becomes a US tax resident may need Form W-9 (IRS W-8BEN instructions; IRS W-8BEN-E instructions).
Otherwise, these W-8 forms generally last through December 31 of the third calendar year after signing; give the payer a new form when one expires (IRS W-8BEN instructions; IRS W-8BEN-E instructions).
How can I replace an EIN notice a bank requests?
The IRS offers an entity transcript, a digital EIN verification notice for eligible Business Tax Account users, or Letter 147C requested through its business tax phone line (IRS: EIN confirmation). The IRS says its digital CP575 verification notice can substitute for an original EIN notice or Letter 147C; account access depends on entity type and user eligibility (IRS summer Business Tax Account update). Ask the bank which IRS proof it will accept.
Example
Illustrative only; no tax is computed. A founder lives and works in Toronto and forms a Delaware LLC. The company receives mail at the founder's Toronto address and uses a Delaware registered agent to receive legal process. On Form SS-4, the founder puts the Toronto mailing address on lines 4a–4b and, if it is also the company's physical location, does not invent a Delaware office for lines 5a–5b. The bank asks for the LLC's formation record, owner identification, EIN confirmation, Toronto operating location and expected account use. A Delaware agent address by itself does not establish where the LLC operates. The founder asks whether the bank will verify the Toronto location and owner remotely; the bank decides whether those records satisfy its procedures.
Different for you?
- You have not formed a US entity or need an EIN without a US social security number: see forming and running a company from abroad.
- Your registered agent resigned or the entity lost good standing: see reinstating your company.
- You work, sell or have people in the US: an address or account alone does not settle US tax status; see when foreign owners owe US tax.
- You live in Canada and are choosing between a US LLC and a Canadian corporation: see setting up a US business as a Canadian resident.
- You are a US-resident owner setting up tax or payroll after formation: see after you form your company.
- A bank rejected your address or your company, owner and IRS records conflict: collect the records above and seek business formation help before submitting another application.
Figures on this page
| Figure | Value | Source |
|---|---|---|
| Deadline to report an EIN holder's responsible-party change An entity with an EIN reports the change on Form 8822-B, lines 8 and 9, within this period after the change | 60 days | IRS: Form 8822-B, instructions Checked |
| Bank beneficial-owner identification threshold An individual who directly or indirectly owns at least this share of a legal entity customer's equity is identified under the ownership prong; if a trust owns that share, its trustee is identified and may be an entity; a control person is also identified | 25% | FinCEN: Customer Due Diligence Rule FAQs, B.5 Checked |
| Time to notify a payer when a change makes Form W-8BEN incorrect Notify the withholding agent or payer and provide a new W-8BEN or appropriate form after a change in circumstances | 30 days | IRS: Instructions for Form W-8BEN Checked |
Primary sources
- Delaware Division of Corporations: Registered agent FAQs
- Delaware Code: Title 8, section 502
- IRS: Instructions for Form SS-4
- IRS: Form SS-4
- IRS: Form 8822-B
- IRS: Employer identification number
- eCFR: 31 CFR 1020.220, bank customer identification
- eCFR: 31 CFR 1010.230, legal entity beneficial owners
- FinCEN: Customer Due Diligence Rule FAQs
- IRS: Instructions for Form W-8BEN
- IRS: Instructions for Form W-8BEN-E
- IRS: Form W-9 and instructions
- IRS: Summer 2026 expanded Business Tax Account features
About this guide
Edited and reviewed by Di Lu, CPA on . It explains general rules for the tax year shown. It is not advice for your situation.
Changes
- : First published.