Can I form an LLC in Florida if I live in Austria and have never visited the US?

For owners in Austria: yes. US LLC formation does not require US residency, a US visit or a Social Security Number. Founders based in Austria form Florida LLCs remotely using a registered agent for the required US address, and they apply for an EIN with "Foreign" or "N/A" in place of an SSN.

Can an Austrian resident open a Mercury or Relay account?

Yes in principle. Austria is not on Mercury's prohibited list (residence-based) or on Relay's list (owners' citizenship or residency), subject to each bank's own review.

How long does a Florida LLC take from Austria?

For owners in Austria: state approval in Florida typically takes a few business days to about two weeks depending on filing volume, and the EIN can often be obtained the same week by phone. Most founders have the LLC, the EIN and a bank application in 2-4 weeks.

What time can I phone the IRS from Austria?

The IRS international line is open 6 a.m. to 11 p.m. Eastern. Austria is six hours ahead of Eastern Time for most of the year, so the window is noon to 5 a.m. Austrian time, with a shorter gap on the few weeks when US and European clock changes differ.

How does Austria classify a US LLC?

Austria compares a foreign entity with the closest Austrian entity type, and only Austrian law decides. The result may be transparent or opaque, so get a written view from an Austrian chartered accountant or tax adviser.

What ongoing filings does an Austrian founder need for a Florida LLC?

For owners in Austria: two matter most: Florida's own annual requirement ($138.75 mandatory annual report, due every year) and the federal Form 5472 with a pro forma Form 1120, due every year for a foreign-owned single-member LLC. Missing the federal filing carries a $25,000 minimum penalty.

Is an Austrian owner taxed when the LLC keeps its profit?

It depends on classification. If the LLC is transparent, its income is attributed to the owners as it arises. If it is opaque, owners are generally taxed on distributions.

Form a Florida LLC from Austria: Complete 2026 Guide

Everything an Austria-based founder needs to form, bank, and run a Florida LLC — costs, EIN process, and tax angles specific to Austria.

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$125 · State filing fee

$138.75/year, due by May 1 · Annual fee

5-10 business days · Avg. filing time

Wire/ACH via a US business bank… · Transfer method

Quick Summary

Country: Austria
State: Florida
Avg. filing time: 5-10 business days (standard online filing)
State filing fee: $125 ($100 Articles of Organization + $25 registered agent designation)
Annual report fee: $138.75/year, due by May 1 (mandatory - not free, unlike Texas; $400 late penalty and eventual administrative dissolution if missed)
Transfer method: Wire/ACH via a US business bank account (eligibility depends on your country of residence and citizenship)

Why Florida

Florida is a common choice for Austrian founders who want a US LLC without moving to the US. Filing costs $125 by mail ($125 online where available), and the yearly state obligation is $138.75 mandatory annual report fee, due every year. Florida has no personal state income tax, which keeps state-level compliance simple, although what Austria does with the LLC's profits is a separate question. On privacy: Florida is the only one of these five states that discloses member names on its public annual report. In short, Florida is the only one of the five that publishes member names.

What It Costs

Forming in Florida costs $125 in state fees ($125 online where available). Add a registered agent, which every state requires and which typically runs $100-150 a year, a free IRS EIN application, and a US business bank account that is usually free with Mercury or Relay. Ongoing state cost: $138.75 mandatory annual report fee, due every year. EasyBrise's Global Launch plan is $295 for year one including a registered agent, then $149 a year to renew, so most founders in Austria budget well under $500 for the first year, state fee included.

Who This State Is For

Florida tends to be the right fit if you want a well-known state with strong US business infrastructure and don't mind that Florida is the one state on this list requiring member names on the public annual report. Compare it with the other four states on cost, privacy and reporting before filing; switching states later means dissolving and re-forming rather than a simple amendment.

Post Formation Checklist

After your Florida LLC and EIN are in place: sign an Operating Agreement (banks and payment processors ask for it even where the state doesn't), skip BOI reporting because FinCEN's rule in force since August 14, 2026 permanently exempts all US-formed LLCs, open the bank account, apply to Stripe or PayPal (each runs its own eligibility review), and put your Florida annual obligation ($138.75 mandatory annual report, due every year) plus the federal Form 5472 and pro forma 1120 deadline in your calendar.

Calling The IRS From Austria

The IRS international EIN line (267-941-1099) answers from 6 a.m. to 11 p.m. Eastern. Austria is six hours ahead of Eastern Time for most of the year, so the window runs from noon to 5 a.m. Austrian time, with a shorter gap for a few weeks when the US and Europe change clocks on different dates. Call in your afternoon or early evening and plan on 45-60 minutes.

How The Formation Process Works

The steps are the same for any Austria-based founder: pick a name, file Articles of Organization with the Florida Secretary of State (yourself or through your registered agent), appoint a registered agent with a physical Florida address, then apply for an EIN. You have no US Social Security Number, so on Form SS-4 you enter "Foreign" or "N/A" in that field. The phone route (267-941-1099, international callers) usually takes 45-60 minutes on the line; fax or mail takes 4-6 weeks. With the EIN in hand you apply for a US business bank account remotely.

Florida LLC For Austrian Founders

Florida appeals to Austrian founders with customers or relatives in the state. Its public annual report names members, and the $138.75 annual fee recurs every year.

Five Year State Cost Of A Florida LLC

Over five years, the state-level cost of a Florida LLC is a $125 filing fee plus $138.75 a year for five years, so $818.75 in total, before the registered agent. That makes Florida the second most expensive of the five states on this measure. The same arithmetic across the five states runs from $50 to $2,110. For an Austrian owner, the first question is how Austria classifies the LLC, because that decides whether profit is taxed as it arises or only when you take it out.

Banking From Austria Mercury And Relay

Austria is not on Mercury's prohibited-countries list, which is based on country of residence, and it is not on Relay's list, which looks at the citizenship and residency of the owners. Both banks run their own reviews, so approval is never guaranteed. Neither bank's published rules restrict international wires involving Austria. Euros are converted to dollars when you fund the account, so compare the rate and any fee at your Austrian bank.

Your Recurring Dates As An Austrian Owner

As an Austrian owner, your recurring dates look like this. State: Florida's $138.75 annual report is due every year between January 1 and May 1. Federal: Form 5472 with the pro forma Form 1120 is due on the return due date, April 15 for a calendar-year LLC, extendable with Form 7004. For the one-off EIN call, the IRS line (6 a.m. to 11 p.m. Eastern) is open noon to 5 a.m. Austrian time for most of the year (the gap shrinks to five hours for a few weeks when US and European clock changes fall on different dates). Put the state date and the federal date in your calendar when the EIN arrives, because a missed Form 5472 carries a $25,000 minimum penalty.

Austria S Rules On Low Taxed Passive Income

BDO's summary describes rules, effective 1 January 2019, for Austrian corporations holding more than half of a foreign company where more than one third of its income is passive and its effective foreign tax rate is 12.5 percent or less, with an exemption for substantial economic activity. The summary says the rules apply to corporations and does not mention individuals. If you own the LLC through an Austrian company, ask your adviser whether they apply.

Transparent Or Opaque And What Changes For You

If Austria treats the LLC as transparent, profit is attributed to you as it arises, whether or not you withdraw it, at progressive rates that the note says can reach 55 percent. If it treats the LLC as opaque, you are generally taxed on distributions, where the note mentions a flat rate of 27.5 percent. The difference can be large for an LLC that keeps profit inside, which is why classification comes before any other planning.

Austrian Classification Of A US LLC And CFC Rules

An Austrian tax adviser's note says Austria classifies a foreign entity by comparing it with the closest Austrian entity type, and that only Austrian law decides comparability. If the LLC is treated as transparent, its income is attributed directly to the owners. If it is treated as opaque, owners are generally taxed when profits are distributed. For individuals the note mentions progressive rates of up to 55 percent and, for distributions, a special flat rate of 27.5 percent, depending on classification. Separate Austrian rules on low-taxed passive income, in force from 1 January 2019, are described in a BDO summary for Austrian corporations, and that summary does not mention individuals.

Requirements

Requirement	Needed
US Social Security Number
US visit required
Registered agent with US address
Florida annual filing
Federal Form 5472 + pro forma 1120

Costs

Item	Cost
State filing fee	$125 (mail) / $125 (online)
Registered agent (annual)	$100-150/yr (or included in EasyBrise Global Launch)
EIN application	Free via IRS (or via a paid service)
US business bank account	Free at most US business banks (eligibility varies by country)
EasyBrise Global Launch (year 1, incl. registered agent)	$295
EasyBrise renewal (year 2+)	$149/yr

Who Should Choose Florida

Choose Florida if

you want a well-known state with strong US business infrastructure and don't mind that Florida is the one state on this list requiring member names on the public annual report

Consider another state if

your priorities (fundraising plans, revenue level, or reporting tolerance) point more strongly to one of the other four states in the comparison table above.

Comparison

State	Filing Fee	Annual Requirement	State Income Tax	Privacy
Wyoming	$100 mail / $102 online	$60	None	No public member names
Delaware	$110	$400 flat annual franchise tax	None	No public member names
Texas	$300	$0 franchise tax for LLCs with revenue below the no-tax-due threshold	None	No public member names
New Mexico	$50	$0 ever	None	No public member names
Florida	$125	$138.75 mandatory annual report fee, due every year	None	Member names public

Taxes

Comprehensive US-Austria tax treaty in force since 1996, plus a social security totalization agreement and a separate estate/gift tax treaty

Banking

Mercury
Popular with non-resident founders; requires US LLC + EIN; no US visit needed
Relay
Remote-friendly for non-residents; requires formed US entity

Frequently Asked Questions

More guides for founders in Austria

Or browse all formation guides by country.

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