If you’re a Serbian entrepreneur exploring how to open a US company from Serbia, you’re looking at one of the most accessible paths to global business credibility. A US LLC or corporation opens doors to international payments, better client trust, and access to the world’s largest consumer market. The process is legal, fully remote, and does not require you to live in or even visit the United States. But getting it right means understanding the specific steps, visa options, and compliance rules that apply to Serbian founders. This guide covers all of it.
Table of Contents
- Key Takeaways
- How to open a US company from Serbia: what you need first
- Step-by-step process to register your US company
- Common mistakes and how to avoid them
- What to expect after your company is formed
- My honest take on forming a US company from Serbia
- How Myincteam makes your US registration easier
- FAQ
Key Takeaways
| Point | Details |
|---|---|
| No US residency required | Serbian founders can form a US LLC or corporation entirely online without visiting the US. |
| Choose your state carefully | Delaware, Wyoming, and Nevada offer the most favorable conditions for non-resident founders. |
| EIN is not the same as ITIN | Getting your tax ID right from the start prevents costly banking and compliance delays. |
| No US-Serbia tax treaty exists | Careful tax planning is critical since there is no automatic double taxation relief between the two countries. |
| Ongoing compliance matters | Annual state filings and registered agent maintenance are required to keep your company in good standing. |
How to open a US company from Serbia: what you need first
Before you file a single form, some groundwork will save you weeks of rework. Starting a business in the US from Serbia is straightforward when you understand what the process actually requires upfront.
Choose your business structure
The two most common options for Serbian founders are the LLC (Limited Liability Company) and the C Corporation. An LLC offers flexible taxation, simpler administration, and pass-through tax treatment. A C Corp is better suited if you plan to raise venture capital or issue stock to investors. You can compare both options in detail with this LLC vs Corporation guide for non-residents.
Understand the E-2 Treaty Investor Visa
If you want to physically live and work in the US while running your business, the visa question matters. Serbian nationals are eligible for the E-2 Treaty Investor Visa under the existing Treaty of Commerce and Navigation between the US and Serbia. This visa lets you enter and work in the US based on a substantial investment in your US business.
One important detail: there is no fixed dollar threshold for what counts as “substantial.” The investment must be enough to demonstrate a serious, operating enterprise. Many Serbian founders overlook the document preparation requirements for visa interviews, yet those steps critically influence approval chances.
Prepare before you file
Here is what you need to have ready before submitting any formation documents:
- ✅ A unique business name that complies with your chosen state’s naming rules (typically must include “LLC” or “Inc.”)
- ✅ A registered agent with a physical address in your formation state. A registered agent is mandatory for all LLCs and corporations, especially for non-resident owners. They receive legal correspondence on your behalf.
- ✅ Passport identification for all members or directors
- ✅ A chosen state of formation before filing Articles of Organization or Incorporation
- ✅ A clear business purpose statement if you are pursuing the E-2 visa simultaneously
Pro Tip: Avoid choosing a business name that is too similar to an existing registered entity in your target state. Run a name availability search through the state’s Secretary of State website before filing.
Step-by-step process to register your US company
Here is the legal process for US business from Serbia, broken into clear, sequential steps.
Choose your state of formation. Delaware, Wyoming, and Nevada are the most popular choices for non-resident founders. Delaware offers strong legal precedent and credibility with investors. Wyoming provides privacy protections and no state income tax. Nevada offers similar tax advantages with strong liability protection. You do not need to live or operate physically in these states.
File your formation documents. For an LLC, this is the Articles of Organization. For a corporation, it is the Articles of Incorporation. You submit these to the Secretary of State in your chosen state. Learn more about the Secretary of State’s role in the filing process to understand what this step involves.
Appoint a registered agent. Your registered agent must have a physical street address in the state where you register. This is not optional. The agent’s address will be on public record and is where legal notices are delivered.
Apply for your EIN. The Employer Identification Number (EIN) is your company’s federal tax ID. Foreign founders apply using IRS Form SS-4, and you do not need a Social Security Number to get one. An EIN is required for tax filings, opening a US bank account, and hiring employees. Processing times can be longer for non-US applicants, so apply early.
Draft your Operating Agreement or Corporate Bylaws. An Operating Agreement is the internal governance document for LLCs. Corporations use Bylaws. These documents define ownership, decision-making authority, profit distribution, and member rights. While not always required by law, they are critical for protecting your interests and are often requested by banks.
Set up a US business bank account. This is where many non-residents hit friction. Most major US banks require an in-person visit and an SSN. Your options include online business banking platforms that accept non-resident LLCs, or scheduling a branch visit when you travel to the US. Having your EIN, formation documents, and Operating Agreement ready makes this process much smoother.
Pro Tip: When you apply for your EIN as a non-resident, fax your completed IRS Form SS-4 to the IRS international line rather than mailing it. Fax applications are processed faster, typically within 4 to 6 weeks.
Common mistakes and how to avoid them
Even experienced business owners make errors when handling Serbia to US business registration for the first time. These are the most frequent ones and how to sidestep them.
- ✅ EIN vs. ITIN confusion. These are two different tax IDs. Misunderstanding this distinction causes delays in bank account setup and tax compliance. An EIN is for your business entity. An ITIN (Individual Taxpayer Identification Number) is for individuals who need to file personal US tax returns but lack an SSN. You need an EIN to operate your company. You may also need an ITIN for personal tax obligations, depending on your situation.
- ✅ Ignoring the no-tax-treaty issue. There is no tax treaty between the US and Serbia, which means you cannot rely on automatic double taxation relief. Planning with a tax professional who understands both Serbian and US obligations is not optional. It is a requirement for avoiding an expensive surprise at year end.
- ✅ Letting annual filings lapse. Failure to comply with state requirements leads to loss of good standing and potential administrative dissolution. Once dissolved, reinstating your company costs more time and money than staying compliant would have.
- ✅ Underestimating the E-2 visa process. The E-2 visa requires strategic planning around investment and operational control. Applicants who treat it as a formality, rather than a detailed legal application, typically face rejection or delays.
“Getting the formation right is only half the work. Understanding your ongoing obligations from day one, including taxes, banking, and state filings, is what keeps your company alive and credible.”
What to expect after your company is formed
Formation is the beginning, not the end. Here is what ongoing operations look like for Serbian founders of US companies.
Ongoing compliance requirements
State annual filings and registered agent maintenance keep your company in good standing. Missing a filing deadline can result in penalties, loss of good standing, or administrative dissolution. Different states have different schedules. Wyoming LLCs file annually; Delaware LLCs pay a flat annual fee. Your registered agent will typically notify you when filings are due.
Tax filing basics
Non-resident LLC owners must file US tax returns if they have US-source income. The specific forms depend on how your LLC is taxed (as a disregarded entity, partnership, or corporation). A non-resident LLC guide can walk you through the exact tax obligations tied to your structure. The absence of a US-Serbia tax treaty makes working with a cross-border tax advisor a sound investment.
LLC vs. Corporation ongoing requirements
| Requirement | LLC | Corporation |
|---|---|---|
| Annual state report | Required in most states | Required in most states |
| Federal tax filing | Form 1065 or Schedule C | Form 1120 |
| Board meetings | Not required | Required (minutes documented) |
| Registered agent | Mandatory | Mandatory |
| Operating document | Operating Agreement | Corporate Bylaws |
Pro Tip: Set calendar reminders for your state’s annual filing deadline the moment your company is formed. Missing it by even one day can trigger penalties that require reinstatement filings.
My honest take on forming a US company from Serbia
I’ve worked with a lot of non-resident founders going through this process, and Serbian entrepreneurs consistently make one of two mistakes: they either overcomplicate the formation itself, or they focus entirely on formation and ignore what comes after.
The formation part, choosing your state, filing your documents, getting your EIN, is actually the simpler half of this equation. Where I see founders struggle is the tax strategy, specifically the absence of a US-Serbia tax treaty and what that means for their personal tax position back home. Most people don’t think about this until they’re staring at their first US tax obligation, and by then the planning window has mostly closed.
The visa question is also misunderstood more than people expect. The E-2 is a real opportunity for Serbian nationals, but it requires you to demonstrate genuine investment and active involvement in the business. Applicants who treat it like a checkbox rarely get the outcome they want.
My advice: treat the formation as the starting line, not the finish line. Get a reliable registered agent from day one, not as an afterthought. Work with a tax professional before your first US dollar of revenue hits. And if you plan to pursue the E-2 visa, bring in legal counsel early in the process, well before the interview.
The founders who thrive with US companies are the ones who understand their obligations as clearly as they understand their opportunity. Both matter equally.
— Goga
How Myincteam makes your US registration easier
Starting a business in the US from Serbia should not mean managing a mountain of forms, IRS correspondence, and state filings on your own.
Myincteam handles US LLC and corporation formation for non-residents end to end. That includes state registration, registered agent service, EIN application, and ongoing annual compliance. No US address required. No SSN needed. You stay in Serbia and we handle the paperwork. For Serbian entrepreneurs who want to set up a company in America without the guesswork, Myincteam is built exactly for that. Visit myincteam.com to get started with your US company today.
FAQ
Can a Serbian citizen open an LLC in the US without visiting?
Yes. Serbian citizens can complete the entire LLC registration process remotely. No US address or physical presence is required.
Do I need an SSN to get an EIN as a Serbian founder?
No. Foreign nationals can apply using IRS Form SS-4 without a Social Security Number. The EIN is issued to your business entity, not tied to your personal US tax identity.
Is there a tax treaty between the US and Serbia?
No. There is no US-Serbia tax treaty, which makes it important to work with a cross-border tax advisor to plan your structure and avoid double taxation.
Which US state is best for Serbian entrepreneurs to register in?
Delaware, Wyoming, and Nevada are the most popular choices. Wyoming is especially favored for privacy and low costs, while Delaware is preferred when seeking investors or building credibility with US partners.
What is a registered agent and why do I need one?
A registered agent is a person or company with a physical US address that receives official legal and government documents on behalf of your company. All LLCs and corporations are required by law to maintain one in their state of formation.
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