- Do I need a US visa or to visit the US to form an LLC?
- No, you do not need to visit the US or have a US visa to form an LLC or obtain an EIN. The entire process can be handled remotely from your home country. A registered agent in the state of formation (e.g., Wyoming) provides the necessary physical address for legal correspondence with the state. This is part of the service provided in a formation package. Similarly, the EIN application is done by mail and does not require a personal visit. This is why the structure is so accessible for non-US founders running online businesses like architecture visualisation studios. The key is having a professional firm manage the remote filings correctly.
- Can my architecture visualisation studio get a Stripe account with a US LLC?
- Yes, forming a US LLC is a primary way for a non-US founder to become eligible for a US Stripe account. Stripe's availability is based on the country of your legal entity. By forming a US LLC and obtaining an EIN, you can apply for a Stripe account as a US business. This typically gives you access to better pricing and features than might be available in your own country. You will need the LLC's formation documents, the EIN confirmation letter, and a US business bank account to link for payouts. Approval is not guaranteed and Stripe's compliance team will review your business, but having the proper US structure is the essential first step.
- What if my clients are in Europe or Asia, not the US?
- A US LLC structure can still be highly effective even if your clients are global. The primary benefit is access to USD-denominated financial infrastructure, which is the global standard for many industries. Invoicing from a US company and receiving funds into a US business bank account can appear more professional and stable to clients anywhere in the world. It simplifies receiving USD payments without expensive currency conversions or reliance on less stable cross-border payment platforms. You can then manage your funds in USD and repatriate them to your home country as needed. The tax analysis remains the same; the location of your clients does not change the fact that the work is performed outside the US.
- What happens if my application for a US bank account is rejected?
- Bank account approvals are never guaranteed. Every institution has its own risk appetite and compliance standards. A rejection can happen for many reasons, sometimes related to the underwriter's assessment of your specific business, your country of residence, or the bank's internal policies at that moment. At Xavion, we mitigate this risk by positioning your application with institutions whose known appetite aligns with your business model. If an application is rejected, we analyze the potential reason and may re-position it with an alternative institution, such as a different US fintech platform, a Puerto Rico IFE, or a European EMI. Our role is to navigate this landscape and persist in finding a viable option for your studio. For further questions, please reach out at xavioncapital.com/contact.
- Do I have to file US personal taxes as the LLC owner?
- This depends entirely on whether your activities constitute being 'engaged in a trade or business in the US' (ETBUS) and whether you have US-source income. For a single-member LLC owned by a non-resident, the entity is disregarded and the tax obligation flows to you personally. If you have no US presence, no employees or dependent agents in the US, and the visualisation work is performed entirely from your home country, you may not be considered ETBUS. In that case, you may not have a US personal income tax filing requirement. However, this is a complex, fact-specific determination. You absolutely must consult a qualified US tax adviser to analyze your situation and confirm your specific obligations.
- I use a lot of freelance artists. How does that affect my LLC?
- Using international freelance artists does not generally complicate the US tax status of your LLC, provided they are also non-US persons working outside the US. Your payments to them are for services performed outside the US and are not subject to US tax withholding or reporting. However, from a banking compliance perspective, it is important to be transparent. Underwriters may want to know if you work with freelancers. You should have clear contracts in place with your freelancers and keep records of payments. This demonstrates a professional and well-managed operation, which is a positive signal. It does not change the core benefit of the LLC, but it is part of the business model that compliance teams will want to understand.
- My visualisation clients are developers who pay in large, irregular milestones. Is this a problem?
- It can be if not managed proactively. Banks and payment processors use algorithms to flag unusual transaction patterns. A sudden large inflow after weeks of inactivity can trigger a manual review or temporary hold. The key is to provide context. Before receiving a large payment ($10,000+), it is good practice to upload your signed client contract or invoice to the payment processor's dashboard. This demonstrates a legitimate, documented reason for the transaction, satisfying underwriting concerns and reducing the probability of your funds being frozen for review. Consistent documentation is vital for this business model.
- How do I prove a 'substantial US presence' for Stripe if I live abroad?
- The 'substantial US presence' requirement is met by the LLC structure itself, not your personal location. For a foreign-owned US LLC, Stripe's requirements are a US LLC from any state, a federal Employer Identification Number (EIN), a physical US mailing address (provided by a registered agent or virtual mail service), and a US phone number. You do not need a US office, US staff, or to be physically present. Stripe will verify your identity using your foreign passport. The structure Xavion provides is designed specifically to meet these documented requirements for non-resident founders.
- Can I pay my global team of 3D artists and contractors from my US business account?
- Yes. One of the primary benefits of a US business account is access to global payment rails. Most US financial institution partners allow you to send international wire transfers directly from their online portal. You can also use integrated third-party services like Wise to pay international contractors and freelancers efficiently with lower fees. These payments are legitimate business expenses. You must collect the appropriate tax forms from your contractors, typically a W-8BEN form for non-US persons, to comply with IRS reporting requirements. Xavion can provide general information on this process.
- What happens if a client disputes a milestone payment or initiates a chargeback?
- Chargebacks are a serious issue for any online business. When a client disputes a charge, the processor (like Stripe or PayPal) immediately debits the funds from your account and holds them while they investigate. You will be asked to submit evidence to prove the charge was legitimate. For a visualisation studio, this evidence is your signed service agreement, email correspondence showing client approval of proofs, and records of file delivery. Losing a chargeback dispute not only means losing the revenue but also incurs a fee (typically $15-$25) and increases your dispute rate, which can lead to account closure if it gets too high.