The 30% Withholding Problem
When US companies pay foreign freelancers, they're often required to withhold 30% for taxes. This is called FDAP withholding, and it's why you might be getting less than your invoice amount.
- US clients may withhold 30% from payments to non-US persons
- This applies to services performed for US clients, regardless of where you work
- With a properly structured US LLC, you invoice as a US business
- The withholding requirement may not apply to US-to-US payments
- Important: Tax treaties can reduce or eliminate withholding even without an LLC
When an EIN Makes Sense
A US LLC with EIN is worth it if you meet several of these criteria:
- You earn $20K+ annually from US clients
- Clients are withholding tax or asking for W-8BEN forms
- You want to receive payments in USD without conversion fees
- You plan to scale beyond solo freelancing (hiring, productizing)
- You want to build US business credit for future ventures
When It's Probably Overkill
Don't get an LLC just because it sounds professional. It adds complexity and costs.
- Your US income is under $10K/year β the costs outweigh benefits
- You only have 1-2 US clients who pay without withholding
- You work through platforms like Upwork/Fiverr (they handle tax docs)
- Your country has a strong US tax treaty (check first)
- You're not comfortable with US tax filing requirements
The Ongoing Costs
A US LLC isn't free to maintain. Budget for these annual costs:
- Registered agent: $50-150/year
- State annual report/fee: $0-300/year depending on state
- US tax filing (Form 5472 + pro-rata 1120): $300-800/year with an accountant
- Optional: US business bank account (usually free)
- Total: Roughly $400-1200/year in ongoing costs
How Payments Work
With an EIN, you can give US clients a W-9 instead of W-8BEN, and receive payments like a domestic US business:
- Open a US business bank account (Mercury, Relay, Wise)
- Provide clients with W-9 showing your LLC name and EIN
- Receive ACH transfers same-day or next-day (no wire fees)
- Pay yourself via Wise or international transfer from your US account