Form a Texas LLC from Peru: Complete 2026 Guide

What makes Texas worth a look for someone in Peru: the state fee is $300 on paper ($300 online), and after that the state-level upkeep is $0 franchise tax for LLCs with revenue below the no-tax-due threshold ($2.65 million for the 2026-27 report years), but a Public Information Report (PIR) must still be filed every year by May 15 regardless of revenue — a full franchise tax return is only required above the threshold. The state levies no personal or corporate state income tax. Texas requires a public information report but does not always require individual member names to be listed depending on management structure. None of this changes your Peru tax position, which sits on top of the US picture, but it does mean Texas itself adds little friction. Among the five states we cover, Texas is the state with the highest upfront fee but a generous no-tax-due threshold.

Choose Texas when you expect meaningful revenue and want a state with no personal or corporate income tax and a straightforward no-tax-due threshold, and you don't mind a higher upfront filing fee. If your priorities lean another way, compare the other four states first, because moving a Texas LLC to another state later means dissolving it and forming a new one.

Checklist once the EIN letter arrives: (1) Operating Agreement signed and stored; (2) bank account application submitted; (3) Stripe and/or PayPal applications, subject to their own review; (4) your Texas annual obligation ($0 franchise tax below the $2.65 million no-tax-due threshold, plus a Public Information Report every May 15 regardless of revenue) in your calendar; (5) Form 5472 with a pro forma 1120 on the federal calendar. Federal Beneficial Ownership Information reporting is not something you need to do: FinCEN's rule in force since August 14, 2026 permanently exempts all US-formed LLCs.

Forming from Peru is a five-step job. One: choose and check the name. Two: appoint a registered agent with a physical Texas address. Three: file the Texas formation documents. Four: obtain the EIN, entering "Foreign" or "N/A" where Form SS-4 asks for an SSN or ITIN; by phone on 267-941-1099 it takes about 45-60 minutes, by fax or mail 4-6 weeks. Five: open the business bank account online. No US trip is needed at any point.

A Peruvian founder expecting large US revenue may prefer Texas: no state income tax and no franchise tax below $2.65 million. The Public Information Report is due every May 15 even when no tax is owed.

Here is the first-year budget for a Texas LLC owned from Peru. State filing: $300 ($300 online). Registered agent: typically $100-150 a year, or included in EasyBrise Global Launch at $295 for year one ($149 a year after that). EIN: free if you apply to the IRS yourself. Bank account: usually free at Mercury or Relay. Recurring state requirement: $0 franchise tax for LLCs with revenue below the no-tax-due threshold ($2.65 million for the 2026-27 report years), but a Public Information Report (PIR) must still be filed every year by May 15 regardless of revenue — a full franchise tax return is only required above the threshold. Most founders land well under $500 all-in for year one.

Peru 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 Peru. Soles are converted to dollars when you fund the account, so compare the exchange rate and any fee at your Peruvian bank.

Over five years, the state-level cost of a Texas LLC is a $300 filing fee and nothing recurring, so $300 in total, before the registered agent. That makes Texas the second cheapest of the five states on this measure. The same arithmetic across the five states runs from $50 to $2,110. For a Peruvian owner, the controlled-foreign-company test and its passive-income focus decide the home-country result, so budget for a Peruvian adviser's written view alongside the US costs.

As a Peruvian owner, your recurring dates look like this. State: the Texas Public Information Report is due every May 15, even when no franchise tax is owed. 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 6 a.m. to 11 p.m. Peruvian time in US standard time (5 a.m. to 10 p.m. in US daylight time). 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.

As described by Chambers, the Peruvian rules apply to a resident individual only when all three conditions hold: more than 50 percent participation in the entity's results, a low-tax or zero-tax jurisdiction or a passive-income rate at or below 75 percent of the applicable Peruvian rate, and a separate legal person or entity. A sole owner of a single-member LLC clears the first and third conditions easily. The source does not say which Peruvian rate is the benchmark for the 75 percent comparison, so ask your adviser to run the test on real figures.

Peru does not appear on the lists of US income tax treaty partners we checked. For a typical founder, the gap matters on the Peruvian side more than the US side: with no treaty, relief for foreign tax depends on Peru's domestic rules, and the LLC's US result is governed by US rules for the LLC and for any US-source income. Ask your adviser how any US tax paid is credited.

According to the 2026 Chambers practice guide, a Peruvian resident individual may be taxed on the passive income of a non-resident entity when three conditions are met together: a direct or indirect participation of more than 50 percent in the entity's results, incorporation in a low-tax, zero-tax or non-cooperative jurisdiction or a rate on the passive income at or below 75 percent of the applicable Peruvian rate, and a legal person or other entity separate from the taxpayer. The income covered is dividends, interest, royalties, capital gains and leases, and tax can apply whether or not profit is distributed. The guide also says individual business income is taxed like corporate income at 29.5 percent. Ask a Peruvian adviser how an operating LLC is treated under these tests.

The Peruvian rules as described cover passive income: dividends, interest, royalties, capital gains and leases. Tax can apply even where no profit is distributed. An LLC whose revenue is fees for services or product sales is a different case from an LLC that holds investments or licenses intellectual property, and the answer for your own LLC depends on how its income is classified. Keep records that show what each stream of revenue is.