Can Non-US Citizen Form Businesses and Profit from them?

Can non-US Citizen form any of these types of businesses?

Entity TypeAllowed 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 TypeProfit MechanismTax & 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.