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US incorporation checklist for international founders

Prepare your US company formation, EIN, banking and ongoing compliance questions with KBA’s practical checklist for international founders.

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For international founders considering a US company. Checklist checked 6 September 2026; EIN confirmation and handover guidance updated 8 September 2026. Use this to prepare a discussion; the right entity, filings and tax treatment depend on your circumstances.

From formation planning to a complete handover

01

Define the commercial reason

Write down what the company will sell, where customers and staff will be, and why a US entity is needed. Identify any regulated activity and ask what licences or registrations are required.

Discussed / information prepared

02

Map ownership and management

List the owners, ownership percentages, tax-residence countries and who will manage the business. Separate the state-law entity choice from its US federal and home-country tax treatment. Agree whether an LLC or corporation fits the plan.

Discussed / information prepared

03

Choose the state using the operating facts

Consider where the business will actually operate, registered-agent requirements, additional state registrations and recurring obligations. Compare formation and ongoing costs using the relevant state authority. A cheap formation fee is only one part of the decision.

Discussed / information prepared

04

Prepare the formation and ownership records

Agree the legal name, registered agent, official addresses and ownership arrangements. Establish who will prepare the operating agreement or corporate documents. Keep the approved formation record in a shared company file.

Discussed / information prepared

05

Plan and record the EIN application

Identify the responsible party, formation details, business activity and correct IRS application route. Check for an existing or pending application and use one application method for the entity. Record the submission date, method and person handling follow-up. An ITIN is not automatically a prerequisite for every international EIN application.

Discussed / information prepared

06

Confirm the EIN and retain the evidence

Keep the IRS assignment notice or appropriate IRS confirmation with the company records. Check the entity name, nine-digit EIN and address against the application and formation records, and resolve discrepancies with your adviser. A submitted application alone does not confirm assignment. See the confirmation checks below.

Discussed / information prepared

07

Prepare for banking and payments

Ask the selected bank or payment provider for its own identity, ownership and business-evidence requirements before relying on an account. Formation and an EIN do not guarantee bank approval or access to payment services.

Discussed / information prepared

08

Agree the first-year compliance plan

Record the tax classification, tax year and each required federal, state and home-country review. In particular, a foreign-owned US disregarded entity may have Form 5472 reporting even before its first sale. Track owner funding and personally paid formation costs.

Discussed / information prepared

09

Complete the document handover

Use the handover list below to agree what the founder receives, where each record is stored and who can access it. Log anything outstanding with a named owner and follow-up date. Confirm ongoing accounting and filing responsibilities separately from formation assistance.

Discussed / information prepared

10

Assign ownership of every recurring task

Create a register with the task, authority, deadline, responsible person, adviser and evidence of completion. Include state renewals, registered-agent correspondence, bookkeeping, payroll or sales-tax reviews where relevant. Recheck the plan when activity or ownership changes.

Discussed / information prepared

Confirm the EIN before closing the application file

Keep the IRS EIN assignment notice, usually a CP 575, when received. A completed Form SS-4, fax transmission receipt or provider invoice shows part of the application process; it is not, by itself, IRS confirmation that the EIN has been assigned.

If confirmation is missing: the IRS lists an Entity transcript, a digital CP575 for eligible Business Tax Account users, or Letter 147C requested through its business and specialty tax line as confirmation options. Access depends on eligibility and authority; do not assume every overseas founder can use the online account. Check the IRS EIN confirmation guidance and ask the receiving bank or provider which evidence it requires.

Save the original document without editing it. Compare its details with the submitted application and company records; ask your adviser to resolve any discrepancy. If the number or notice is missing, investigate the existing application or recovery route before applying again. The IRS instructs applicants to use one method per entity to avoid multiple EINs. IRS: Form SS-4 instructions.

Agree who handles later enquiries: the SS-4 third-party designee authority ends when the EIN is assigned and released to that designee. It is not continuing authority for every future IRS matter. Confirm any further representation arrangements separately. IRS: third-party designee rules.

The founder's document-handover checklist

Use this as an agreed handover list, tailored to the entity and service scope. For each item record the file location, date checked and responsible person. Mark an item as received, outstanding or not applicable; explain outstanding items and give each an agreed follow-up date.

Formation and ownership: state-accepted formation document and filing receipt, plus the signed operating agreement or relevant corporate documents and agreed ownership records.
EIN application and confirmation: copy of Form SS-4 where used, submission details, IRS confirmation and relevant correspondence. Keep an application still awaiting confirmation visibly open in the tracker.
Registered-agent arrangements: provider details, contract, renewal date and charges, plus who receives and acts on forwarded notices. Use our Delaware registered-agent checks if that is the chosen state.
Opening accounting records: formation invoices, owner contributions or loans, and expenses paid personally for the company, with dates and supporting evidence for the accountant to review.
Compliance responsibilities: agreed tax classification and tax year, any election records where relevant, and a calendar of applicable federal, state and home-country obligations with confirmed deadlines and named owners. Identify what is included in the ongoing engagement.
Access and remaining actions: a company-controlled document folder, appropriate access for the founder and appointed advisers, and a list of missing records or unresolved questions. Transfer access securely rather than placing passwords or identity documents in an enquiry form.

Illustrative handover entry: "EIN confirmation: outstanding; owner: appointed adviser; next action: check the existing application; follow-up: agreed date." Receiving formation documents does not turn this item into "complete".

When the company name, address or responsible party later changes, use the guide to updating IRS business records to prepare the discussion. An update and a new EIN application are different processes.

Check beneficial ownership rules using the current source

FinCEN’s current guidance exempts entities created in the United States from federal BOI reporting. A company formed outside the US and registered to do business there may still fall within the reporting rules. Foreign ownership of a US-formed LLC does not, by itself, make it a foreign-formed reporting company. Check FinCEN’s current BOI guidance.

Your first discussion with KBA

Prepare a one-page brief: business activity, owners and tax residence, intended operating locations, customer markets, expected transactions, banking needs and target launch date. Keep identity documents for the secure document-sharing process agreed with the practice.

Explore US company incorporation, read our EIN guide for overseas founders, or review Form 5472 and an LLC with no sales.

Discuss your US company

Primary sources

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