Can a resident of Mexico own a Florida LLC?
Yes. Florida has no citizenship or residency requirement for LLC owners. You form the LLC online, with a Florida registered agent, without traveling.
What you need from Mexico
- A valid passport. US banks and online identity checks usually ask for a passport rather than the INE voter card.
- Your home address in Mexico. The LLC's principal office can be abroad.
- A Florida registered agent. Required for every Florida LLC. We provide it.
Getting the EIN without a US Social Security number
Without an SSN or ITIN, the EIN is requested with IRS Form SS-4 by fax, mail or phone for international applicants. You don't need an ITIN first. See EIN guide.
US taxes and the treaty with Mexico
The United States has an income tax treaty with Mexico, listed on the IRS treaty page. A treaty can reduce US withholding on some payments, such as dividends or royalties, when you qualify for its benefits.
A single-member LLC owned by a foreign person files Form 5472 with a pro forma Form 1120 for each year in which it has a reportable transaction with its owner or related parties (for example, money put in or taken out). The penalty for missing it starts at $25,000, so ask a CPA whether you had one. More in LLC for non-residents and the Form 5472 guide.
Taxes in Mexico
Mexico taxes residents on worldwide income, and income earned through entities in low-tax jurisdictions can fall under the REFIPRE rules. How a transparent US LLC is treated in Mexico is a question for a Mexican contador.
Good to know for Mexico
Many Mexican founders use a Florida LLC to sell to US customers or on Amazon, or to import and export. If you import goods, US Customs generally accepts your LLC's EIN as its importer number.
Documents between Florida and Mexico
Mexico is a member of the Hague Apostille Convention, so documents travel with an apostille instead of consular legalization.
- Florida documents going to Mexico: your LLC records get a Florida apostille, and often a Spanish translation.
- Documents from Mexico used in the US: USCIS generally needs only a certified translation, not an apostille. When another US office does ask for one, it is issued in Mexico by the Secretaría de Gobernación for federal documents, or the state government for state documents such as actas.
The document US offices ask for most often is the birth record. In Mexico it's called the Acta de nacimiento. We translate it for USCIS.
Another state instead of Florida?
Florida is not your only option. You can also form the LLC in another state we sell, such as Delaware, Wyoming, Texas or Nevada, with Coral Filings as your registered agent there. Compare fees in LLC cost by state, or see Delaware and Wyoming. We don't say one is better: ask a licensed attorney or CPA which state suits you.
One order for founders in Mexico
The Founder Abroad bundle, available for Florida LLCs only, forms your LLC with a registered agent and EIN, and includes a certified copy of your Articles with the Florida apostille and a Spanish translation, prepared for use with a bank or registry in Mexico; the receiving office decides whether to accept it. $444 in total: $319 for our service, which covers the State's certified-copy and apostille fees, plus the $125 Florida filing fee.
Founders from other countries
The steps above are the same for every country we cover. Guides for the other countries: Colombia, Venezuela, Argentina, Spain, Peru, Chile, the Dominican Republic, Ecuador.
Frequently asked questions
Can a Mexican citizen open an LLC in Florida?
Yes. Florida has no citizenship or residency requirement. You need a Florida registered agent and a passport.
Does Mexico have a tax treaty with the United States?
Yes, it appears on the IRS list of income tax treaties.
Do I have to travel to the US?
Not to form the LLC or get the EIN. Some banks may ask for an in-person visit to open an account.
This page is general information, not legal or tax advice. For your specific situation, talk to a licensed attorney or CPA.