Can a resident of Peru 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 Peru
- A valid passport. US banks and online identity checks usually ask for a passport rather than the DNI.
- Your home address in Peru. 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 Peru
The United States does not have an income tax treaty with Peru. US-source payments to you follow the default US withholding rules.
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 Peru
Peru taxes domiciled individuals on worldwide income and has an international fiscal transparency regime for certain foreign entities. Ask a Peruvian contador how SUNAT treats your LLC's income.
Good to know for Peru
There is no income tax treaty between the US and Peru, so withholding on US-source payments follows the default US rules.
Documents between Florida and Peru
Peru is a member of the Hague Apostille Convention, so documents travel with an apostille instead of consular legalization.
- Florida documents going to Peru: your LLC records get a Florida apostille, and often a Spanish translation.
- Documents from Peru 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 Peru by the Ministry of Foreign Affairs.
The document US offices ask for most often is the birth record. In Peru 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 Peru
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 Peru; 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: Mexico, Colombia, Venezuela, Argentina, Spain, Chile, the Dominican Republic, Ecuador.
Frequently asked questions
Can a Peruvian citizen open an LLC in Florida?
Yes. Florida has no citizenship or residency requirement. You need a Florida registered agent and a passport.
Does Peru have a tax treaty with the United States?
No, it does not appear 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.