Can non-US Citizen form any of these types of businesses?
| Entity Type | Allowed for Non-Citizens? | Key Restrictions |
| LLC | ✅ Yes | – No citizenship/residency requirements.- Can be 100% foreign-owned. |
| S-Corp | ❌ No (with exceptions) | – Shareholders must be U.S. citizens or residents.- Non-citizens can’t own shares directly (but some use trusts). |
| C-Corp | ✅ Yes | – No restrictions on foreign ownership.- Ideal for international investors. |
Can non-US citizen legally profit from any type of businesses?
| Entity Type | Profit Mechanism | Tax & Compliance Considerations |
| LLC | – Profits pass through to owner’s personal taxes (if single-member).- Can withdraw profits as distributions. | – Self-employment tax (15.3%) on all profits.- Must file U.S. tax returns (Form 1040-NR if non-resident).- CA charges $800/year franchise tax + possible gross receipts tax. |
| S-Corp | ❌ Not an option (unless via a U.S. resident/citizen proxy). | – If structured improperly, IRS may revoke S-Corp status. |
| C-Corp | – Profits can be taken as salaries (subject to payroll tax) or dividends (subject to 30% withholding tax for non-residents).- Can reinvest profits tax-free at corporate level. | – Double taxation (21% corporate tax + dividend tax).- CA imposes 8.84% corporate tax + $800 franchise tax.- Must file Form 1120-F if foreign-owned. |