Delaware LLC from Brazil: 2026 Guide for Founders

Can a Brazil resident open a Delaware LLC?

Yes. A founder living anywhere in Brazil — São Paulo, Rio de Janeiro, Belo Horizonte, Curitiba, or a smaller city — can own 100% of a Delaware LLC. There is no citizenship or residency requirement to be a member or manager of a Delaware LLC. You do not need a US Social Security Number, a US visa, a green card, or a US mailing address, and you never have to set foot in the United States. The owner can run the whole company from Brazil while holding a US legal entity that signs contracts, bills customers in dollars, and holds a US bank account.

What you do need is a Delaware registered agent with a physical Delaware address, which is a legal requirement for every LLC in the state. That agent is included in your first year with us. Beyond that, the paperwork is the same Delaware LLC formation process a US founder follows, simply routed so that the EIN and banking steps work without an SSN. The same path applies to founders across Latin America — our Mexico guide covers a parallel route for Spanish-speaking founders, and the broader Delaware LLC for non-residents guide shows why the structure is country-agnostic.

Why do Brazil founders choose a Delaware LLC?

For Brazilian founders building ecommerce stores, SaaS products, digital agencies, and online services, a Delaware LLC solves a specific problem: getting paid globally in US dollars with a recognized US entity. A US company unlocks tools that are hard to access with a Brazil-only business — most importantly Stripe and PayPal under a US profile, plus US business banking through Mercury, Relay, or Wise. Customers, marketplaces, and software platforms in the US and Europe also tend to trust a US Delaware LLC for contracts and payouts.

The credibility point is real for a LATAM founder selling worldwide. A Delaware entity carries weight with US partners, app stores, ad networks, affiliate programs, and SaaS vendors that prefer to invoice and pay a US company. Delaware itself is the most recognized US formation state — its Court of Chancery is a respected, business-focused court — which makes bank and processor approvals smoother than with a less familiar jurisdiction. For most Brazilian online founders the combination of dollar banking, Stripe access, and a trusted entity name is exactly why they pick Delaware over forming only locally or chasing an offshore structure.

A Delaware LLC is also light to maintain: a flat $300 franchise tax, no annual report for an LLC, and no Delaware state income tax on a single-member LLC with no Delaware operations. That low ongoing burden, combined with global payment access, is why ecommerce and SaaS founders in Brazil treat it as the default. See the full breakdown on our Delaware LLC cost page.

Step-by-step: forming a Delaware LLC from Brazil

The process is deliberately country-agnostic, so the steps below are the same whether you file from Brazil or anywhere else. Only the banking and tax details flex to your situation. Here is the order, with realistic timing for a non-resident applicant.

• Day 0 — Name and structure. You confirm an available Delaware name and decide whether you are a single owner or have co-founders. We run the Delaware name check so you do not file a name that is already taken.
• Day 1-2 — Certificate of Formation. We file with the Delaware Division of Corporations, pay the $110 state fee on your behalf, and your LLC legally exists in about 48 hours.
• Weeks 1-4 — EIN. We submit Form SS-4 to the IRS without an SSN. This is the slowest step and the reason the overall timeline is measured in weeks, not days.
• Days after EIN — Banking and Stripe. With the EIN in hand, you apply for a US business account and then activate Stripe, both online from Brazil.

All you need to provide is a passport or government photo ID, an available LLC name, and a home (non-US) mailing address for your records. We handle the registered agent, the filing, and the SS-4. The filing and EIN are covered by our money-back guarantee, and your specialist stays with you on WhatsApp throughout. See exactly what is involved on our how it works page.

Getting an EIN from Brazil without an SSN

The EIN (Employer Identification Number) is your LLC’s federal tax ID, and you need it to open a US bank account and activate Stripe. US residents can get one online in minutes, but that online tool requires an SSN or ITIN. As a founder in Brazil, you instead apply with Form SS-4, which the IRS processes by fax or mail. This is why it takes 2 to 4 weeks rather than minutes.

On the SS-4, your LLC is the applicant, you are listed as the responsible party, and you can write Foreign in the field that would otherwise hold an SSN or ITIN — that is exactly how the IRS expects non-resident-owned entities to apply. We prepare and submit the SS-4 for you as part of the flat $397 service, and the EIN is covered by our money-back guarantee. The IRS issues a CP 575 confirmation letter with your number; keep it, because banks and Stripe sometimes ask to see it. If you want a deeper walkthrough of the federal ID itself, the team at ein.so covers EINs in detail for non-residents.

Opening a US bank account from Brazil

Yes, you can open a US business bank account from Brazil. Once your EIN is issued, US fintech banks open accounts for non-residents entirely online. The most common choices are Mercury, Relay, and Wise, none of which require you to visit a branch or live in the US. Approval is always the bank’s decision, not ours and not guaranteed, so your specialist helps you apply to more than one until you are live with at least one account. These give you US ACH, wires, and a debit card to run the business in dollars.

The prerequisites are the same wherever you apply: a formed Delaware LLC, a finished EIN, a clear description of what the business does, and consistent details across every document. Get those right and most non-residents are approved within 1 to 5 business days. The table below reflects which fintech tends to fit which founder profile — apply where you fit best first, and keep a backup ready in case the first application is declined.

Accepting payments: Stripe and PayPal for Brazil founders

Stripe is the other half of getting paid. With a Delaware LLC, an EIN, and a US bank account, a Brazilian founder can apply for Stripe to accept card payments from customers worldwide and pay out in US dollars. This is the core reason many ecommerce and SaaS founders in Brazil form a US entity in the first place — it gives them a US Stripe profile rather than being limited to local processing. Review times run from 1 to 14 days depending on your business model, and we help you present the application so it is approved the first time wherever possible.

PayPal works similarly: a US business PayPal under your LLC and EIN lets you collect from buyers who prefer it, which still matters for parts of the ecommerce and digital-products market. To activate either, Stripe and PayPal generally want your formed LLC, its EIN, a US business bank account to pay out to, a clear business description, and a live website or product page that matches what you say you sell. The single biggest cause of a slow review is a mismatch — a website that is not live, a description that does not match the site, or products in a higher-risk category — so we line these up before you submit.

Form 5472 obligation for foreign-owned single-member LLCs

If you are a non-US person in Brazil owning 25% or more of a single-member Delaware LLC treated as a disregarded entity, the IRS requires you to file Form 5472 each year, attached to a pro-forma Form 1120. It reports reportable transactions between you and your LLC, such as capital you contribute or money you withdraw. This is an information return, not necessarily a tax bill, but it is mandatory for almost every foreign-owned single-member LLC.

The reason to take it seriously is the penalty: failing to file Form 5472 carries a $25,000 penalty, and it generally applies per-form, per-year, so a missed filing is expensive. The return is due with the Form 1120 around April 15, and that deadline is extendable. We track this date as part of compliance tracking and remind you ahead of time. Read the full breakdown on our Form 5472 for Delaware LLCs guide so you know exactly what is reported and when. Note that a multi-member LLC follows a different path — typically a partnership return (Form 1065) rather than the 5472/1120 combination.

Taxes: what Brazil founders should know

This is the area where general guidance helps but specific advice matters, and it splits into two parts: US tax and Brazilian tax. On the US side, a non-resident owner of a US LLC may owe US income tax only if the LLC has income that is effectively connected to a US trade or business, or has US-source income. Many founders in Brazil running an online business with no US staff, office, or inventory owe no US federal income tax on their foreign-earned profit under the ECI rules — but this is fact-specific. State it as a general pattern, not a guarantee, and confirm your own position with a cross-border tax professional.

On the Brazilian side, how your home country taxes income from a US LLC depends on local rules administered by Receita Federal and on your personal circumstances. Those rules vary and can be complex, so this page does not state any specific Brazilian tax rate, treaty outcome, or local filing obligation as fact. Treat your home-country tax as a question for a qualified local accountant in Brazil who understands cross-border structures. What stays constant on the US side are the two filings every foreign-owned single-member LLC handles: the flat $300 Delaware franchise tax, due June 1, and the annual Form 5472. For the US-side overview, see our Delaware LLC guide; for the company’s ongoing pricing, see pricing.

How much does a Delaware LLC cost for a Brazil founder?

Our service is a single flat fee of $397, and the $110 Delaware state filing fee is already included — there is no separate state charge to add on. That one payment covers the Certificate of Formation, the EIN application, a registered agent for year one, your operating agreement, US bank and Stripe application support, and compliance tracking, all with WhatsApp support. There is no hidden Year 2 surprise: the table below shows both years up front.

That makes year two roughly the $300 franchise tax plus about $99 to renew your registered agent. There is no Delaware annual report for an LLC, so the franchise tax is the entire state obligation. Miss the June 1 deadline and Delaware adds a $200 penalty plus 1.5% interest per month and your LLC loses good standing — which is exactly why we track the date for you. For the full pricing picture and what is and is not included, see our pricing page and the Delaware LLC cost breakdown.

Common questions and mistakes from Brazil founders

Formation itself almost never fails — Delaware accepts properly filed paperwork routinely. The friction for founders in Brazil shows up later, at the bank or at Stripe, and the causes are predictable. Knowing them in advance is the easiest way to get approved on the first try.

• Vague business description. “Consulting” tells a reviewer nothing. A specific one-sentence description — what you sell, to whom, and how — clears most automated flags at the bank and at Stripe.
• Mismatched details. If your name or address differs across your passport, your formation document, and your application, the review stalls. Keep every field identical, and transliterate your name consistently.
• No live website. Stripe in particular wants to see a working site or product page that matches your description before it approves an ecommerce or SaaS account.
• Applying before the EIN is done. Submitting to a bank or Stripe before the IRS has issued the EIN is a frequent cause of an early decline. Wait for the number.
• Assuming an ITIN is required first. You do not need an ITIN to form the LLC or get the EIN. If you want one later for personal filings, it is a separate step — itin.so handles that.

Almost every one of these is fixable. We help you present a clear description, consistent details, and a working web presence, then apply to a second provider if the first declines — because each bank and Stripe reviews independently, a no from one is not a no from all. If you are still weighing Delaware against the other popular non-resident pick, our sister site wyomingllc.co covers the Wyoming path, and for most Brazilian founders who want global banking, Stripe, and a trusted entity name, the Delaware LLC remains the cleaner default — startable entirely from Brazil.

A note on BOI / FinCEN beneficial ownership reporting

Beneficial ownership reporting under the Corporate Transparency Act has changed significantly and remains in flux. In March 2025, FinCEN issued an interim final rule that removed BOI reporting obligations for US domestic reporting companies. Under that rule, only “foreign reporting companies” registered to do business in the US must report, and US persons are generally exempt from providing their information.

Because this area is evolving and the rules may shift again, do not treat any summary as final. Before relying on your filing status, confirm the current FinCEN requirements at the source or with a professional. We monitor these changes and flag them to you, but the responsibility to file if required ultimately rests with the company owner.