Can You Open a US Company While Living in Brazil? Everything You Need to Know
Opening a company in the United States while living in Brazil is not only possible, it is an increasingly attractive option for Brazilian entrepreneurs looking to expand internationally, access the American market, work with US clients, and build a business with a global presence.
One of the biggest misconceptions is that you must move to the United States, obtain a Green Card, or become an American citizen to own a US company.
In reality, foreign nationals, including Brazilian residents, can generally establish and own a business in the United States without living in the country.
However, opening a company from abroad involves more than filing registration paperwork. Entrepreneurs need to understand the available business structures, registration requirements, tax responsibilities, banking options, and ongoing compliance obligations.
In this guide, we explain what Brazilians need to know before opening a US company while continuing to live in Brazil.
Can You Legally Open a US Company While Living in Brazil?
Yes. Brazilian citizens can legally open and own a company in the United States while living in Brazil.
US law generally allows non-US residents and foreign nationals to establish businesses in the country. You do not need to be a US citizen, permanent resident, or visa holder simply to own a US company.
This means you can:
Live in Brazil and own a US-based business.
Register an LLC or Corporation in a state such as Florida.
Apply for an Employer Identification Number (EIN).
Conduct business with American clients and companies.
Build an international business presence without relocating.
However, owning a US company does not automatically give you the right to live or work physically in the United States. Immigration rules are separate from business ownership.
It is also important to understand that establishing a company in the US does not automatically eliminate your tax obligations in Brazil. If you remain a Brazilian tax resident, your personal tax responsibilities must be evaluated under Brazilian tax rules.
Do You Need to Live in the United States or Have a Green Card?
No. You can own a US company without living in the United States or holding a Green Card.
There is no general requirement for an LLC or Corporation owner to have US citizenship or permanent residency.
Foreign entrepreneurs can be members of an LLC or shareholders of a Corporation, subject to applicable laws and business-specific restrictions.
You also do not necessarily need to travel to the United States to complete the company formation process. Many registration procedures can be handled remotely through authorized professionals and service providers.
However, certain activities may require additional documentation or in-person verification. For example, opening a business bank account depends on the financial institution's policies, identity verification procedures, and compliance requirements.
The most important distinction is this: you can own and manage a US company from Brazil, but owning a company is not the same as having US immigration or work authorization.
What Type of US Company Should You Open?
Before registering your business, you need to choose the appropriate legal structure. The two most common options for foreign entrepreneurs are the Limited Liability Company (LLC) and the Corporation.
Limited Liability Company (LLC)
An LLC is one of the most popular business structures among international entrepreneurs.
It combines limited liability protection with flexible management and taxation options.
Some of its main characteristics include:
Personal liability protection, subject to applicable legal limitations.
Flexible ownership and management arrangements.
Relatively straightforward formation and maintenance.
Different federal tax classification possibilities.
No general requirement for the owner to be a US resident.
A single-member LLC is generally treated as a disregarded entity for federal income tax purposes by default, while a multi-member LLC is generally treated as a partnership.
However, an LLC may elect a different federal tax classification if eligible.
Foreign ownership can also create additional reporting requirements, particularly when the LLC is treated as a disregarded entity and has reportable transactions with its foreign owner.
Corporation
A Corporation is a separate legal entity that may be appropriate for businesses planning to raise investment, issue shares, or establish a more traditional corporate structure.
A C Corporation is generally taxed separately from its shareholders. Dividends distributed to foreign shareholders may also be subject to US withholding tax, depending on applicable rules and tax treaty considerations.
LLC vs. Corporation: Which Is Better?
There is no universal answer. The right structure depends on your business model, ownership, investment plans, expected revenue, and tax situation in both countries.
For many Brazilian entrepreneurs starting a small or medium-sized business, an LLC may offer flexibility. However, a Corporation may be more appropriate for certain investment structures or growth strategies.
Choosing the right entity before registration can help avoid unnecessary costs and future restructuring.
Why Do Brazilian Entrepreneurs Choose Florida?
Florida is one of the most popular states for Brazilian entrepreneurs looking to establish a US business.
Its business environment, international connections, and large Brazilian community make it an attractive location for companies serving customers in the United States and abroad.
Some reasons entrepreneurs consider Florida include:
Business-friendly environment:
Florida offers a well-established business ecosystem and a relatively straightforward company registration process.
No individual state income tax:
Florida does not impose an individual state income tax. However, this does not mean every business operating in Florida is exempt from taxes. Federal taxes, Florida corporate income tax where applicable, sales tax, and other obligations may still apply.
International business connections:
Florida has strong commercial relationships with Latin America, making it a natural point of entry for businesses targeting international markets.
Access to a large consumer market:
Entrepreneurs can serve customers across Florida and other US states, depending on their business activities and applicable registration requirements.
Established Brazilian community:
Cities such as Orlando and Miami have significant Brazilian communities, creating opportunities for networking and professional support.
Florida can be an excellent option, but the best state for your company should be determined by your business activities, customers, operating location, and long-term goals.
What Do You Need to Open a US Company from Brazil?
The requirements depend on the state and business structure you choose. However, most entrepreneurs should prepare some basic information and documentation.
Common requirements include:
Valid identification: A valid passport is commonly used to verify the identity of foreign owners.
Business name: Your proposed company name must comply with state naming requirements and be available for registration.
Business address: The company needs an address that satisfies the applicable state and business requirements.
Registered Agent: Most states require an LLC or Corporation to designate a registered agent with a physical address in that state.
Ownership information: Details about the members, managers, directors, or shareholders, depending on the entity type.
Business activity: A description of the company's intended activities may be required for registration, banking, and compliance purposes.
You do not necessarily need a Social Security Number (SSN) to establish a company as a foreign owner. However, certain applications and financial institutions may request additional identification or tax information.
It is important to distinguish between the documents needed to form the company and those required later for tax registration, banking, and business operations.
What Is an EIN and How Can You Get One from Brazil?
The Employer Identification Number (EIN) is a federal tax identification number issued by the Internal Revenue Service (IRS).
Think of it as a tax identification number for your business in the United States.
An EIN is commonly needed to:
Open a business bank account.
File federal tax returns and information reports.
Hire employees, when applicable.
Establish relationships with financial institutions and service providers.
Complete certain business and tax registrations.
Foreign business owners can generally apply for an EIN even if they do not have an SSN or ITIN.
When the responsible party is ineligible to obtain an SSN or ITIN, the IRS provides alternative procedures for applying, including Form SS-4 by fax or mail in applicable situations. The online EIN application generally requires a valid US taxpayer identification number for the responsible party.
The EIN application must be completed accurately because the information provided is used to identify the company and its responsible party for federal tax purposes.
Remember: an EIN is not the same as an ITIN or SSN. Each number serves a different purpose.
Can You Open a US Business Bank Account While Living in Brazil?
Yes, it may be possible, but approval depends on the bank or financial institution.
A US company can have a business bank account even when its owner lives outside the United States. However, financial institutions have their own onboarding, identity verification, and compliance procedures.
Depending on the institution, you may be asked to provide:
Articles of Organization or Articles of Incorporation.
EIN confirmation.
Operating Agreement or corporate documents.
Valid passport and proof of address.
Information about the company's business activities.
Details about the owners and beneficial owners.
Additional documents required for identity and compliance verification.
Some institutions offer remote account-opening options for eligible international business owners, while others require an in-person visit or additional verification.
It is important to remember that forming a company and obtaining an EIN do not guarantee bank account approval.
Before choosing a bank, compare its requirements, fees, supported services, international transfer options, and policies for non-US residents.
How Much Does It Cost to Open a Company in the United States?
The cost depends on the state, business structure, and professional services you choose.
For example, Florida has specific state filing fees for LLC formation.
According to the Florida Division of Corporations, the standard state filing fees for a new LLC include:
Service | State Fee |
Articles of Organization | $100 |
Registered Agent designation | $25 |
Total initial state filing fee | $125 |
There are also ongoing costs to consider.
Florida LLCs must generally file an Annual Report each year to maintain their active status. The current state fee is $138.75, and a $400 late fee applies when the report is filed after May 1.
Other potential expenses include:
Registered Agent services.
Professional company formation assistance.
Accounting and bookkeeping.
Tax preparation and compliance.
Business banking fees.
Business licenses and permits, when applicable.
These figures represent Florida state filing fees, not the total cost of operating a US business. Always verify the current fees before filing.
What Taxes Do You Need to Consider If You Live in Brazil?
This is one of the most important topics for Brazilian entrepreneurs opening a US company.
Opening a company in the United States does not automatically mean you will pay no taxes.
Your tax obligations depend on the company's legal structure, federal tax classification, income, business activities, and the owner's tax residency.
There are two important tax perspectives to consider: the United States and Brazil.
US Federal Taxes
The tax treatment of a US company depends on its structure and classification.
For example:
A single-member LLC is generally treated as a disregarded entity by default for federal income tax purposes.
A multi-member LLC is generally treated as a partnership by default.
A C Corporation is generally subject to federal corporate income tax.
Certain LLCs may elect to be taxed as corporations if eligible.
Foreign-owned US entities may also have specific reporting obligations, even when they do not owe federal income tax.
Florida State Taxes
Florida does not impose individual state income tax. However, certain businesses may be subject to Florida corporate income tax.
Businesses selling taxable goods or services may also need to register, collect, and remit Florida sales tax or comply with other state and local requirements.
Brazilian Tax Responsibilities
If you continue to live in Brazil and remain a Brazilian tax resident, you must also evaluate how your foreign company ownership, income, distributions, and assets are treated under Brazilian tax law.
Brazilian residents may have reporting and taxation obligations related to foreign investments and offshore entities.
The applicable treatment depends on your circumstances and current legislation, including the rules introduced by Law No. 14,754/2023.
For this reason, it is essential to evaluate the US and Brazilian tax implications together before deciding how to structure your business.
What Annual Compliance Requirements Should You Know About?
Opening a company is only the beginning. Keeping it in good standing requires ongoing attention to state and federal requirements.
For a Florida LLC, one of the main responsibilities is filing the Annual Report with the Florida Division of Corporations.
However, foreign-owned companies may have additional federal reporting requirements.
For example, a foreign-owned US single-member LLC that is treated as a disregarded entity for federal tax purposes may need to file Form 5472 together with a pro forma Form 1120 when it has reportable transactions with its foreign owner or related parties.
These transactions may include certain contributions, distributions, loans, and payments.
Failure to comply with applicable Form 5472 reporting requirements can result in a significant penalty, generally starting at $25,000 per failure.
Other potential compliance responsibilities include:
Maintaining accurate accounting records.
Filing applicable federal and state tax returns.
Keeping company information updated.
Renewing licenses and permits, when required.
Meeting payroll and employment tax obligations, if the company has employees.
Complying with sales tax requirements, when applicable.
Not every company has the same obligations. Your responsibilities depend on the entity's structure, activities, tax classification, and transactions.
Can You Run Your US Company Remotely from Brazil?
Yes. Many business activities can be managed remotely.
Depending on the nature of your business, you may be able to:
Manage company finances online.
Communicate with American clients and suppliers.
Issue invoices and receive payments.
Hire service providers and employees.
Manage marketing and sales operations.
Maintain accounting records.
Coordinate business activities from Brazil.
However, remote management does not remove the company's legal, tax, or compliance responsibilities.
You should also consider whether your business activities create additional registration, licensing, or tax obligations in other US states.
For example, a company formed in Florida may need to register as a foreign entity in another state if it conducts business there in a way that requires qualification.
The right accounting and operational structure can make managing your US company from Brazil much easier.
Why Should You Work with a Professional Company Formation and Accounting Firm?
Starting a company in another country can be an excellent business opportunity, but navigating a different legal and tax system can be challenging.
A mistake during formation or a misunderstanding of reporting requirements can lead to unnecessary expenses, penalties, and compliance problems.
Working with professionals who understand US business formation and international tax considerations can help you:
Choose the appropriate business structure.
Register your company correctly.
Obtain your EIN.
Understand your federal and state tax responsibilities.
Organize your accounting and bookkeeping.
Identify applicable annual filing requirements.
Prepare for business banking procedures.
Coordinate US compliance with your broader international tax situation.
At AES Accounting, we help entrepreneurs understand the process of establishing and maintaining a business in the United States.
Our goal is to make the process clearer, more organized, and aligned with your business objectives.
My Perspective: You Don't Need to Move to the United States to Think Globally
I often speak with Brazilian entrepreneurs who believe that opening a company in the United States is something they can only consider after moving abroad.
That is not necessarily true.
You can continue living in Brazil while building a business in the American market. You can serve international clients, establish commercial relationships, and create opportunities beyond your local market.
But opening a US company should never be treated as just a way to obtain an EIN or a business registration certificate.
It is a strategic decision that requires proper planning, an appropriate business structure, and an understanding of the tax responsibilities in both countries.
The goal is not simply to have a company in the United States. It is to build a business that is properly structured, compliant, and prepared to grow.
Alejandra Lopez
Fundadora & CEO, AES Accounting
IRS Enrolled Agent
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