What Happens After You Form Your US LLC: The 90-Day Compliance Checklist

Reviewed by the Internation Corpus compliance team, which works with founders forming and maintaining US LLCs from outside the country. Last checked against official guidance in July 2026.

Congratulations, your LLC is officially formed. That's a real milestone.

But here's the thing most people don't realize: forming your LLC is just step one. What you do in the next 90 days decides whether your business runs smoothly or runs into trouble.

Quick answer: In your first 90 days, you need to get an EIN, sign an Operating Agreement, open a business bank account, confirm your Registered Agent, check your license and sales tax obligations, then build a compliance calendar for your state's annual report and (if you're a foreign owner) IRS Form 5472. If you're based in India, you also have separate RBI/FEMA reporting to handle. The full breakdown is below.

This US LLC Compliance Checklist explains everything you need to do during the first 90 days after forming your company. From getting your EIN and opening a business bank account to meeting IRS, state, and (for Indian founders) RBI compliance requirements, this guide helps you stay compliant and avoid costly mistakes.

Why the First 90 Days Matter'

Think of your LLC like a new car you just bought. The paperwork says you own it. But you still need to register it, insure it, and keep up with maintenance, or you'll run into problems down the road.

Your LLC works the same way. If you skip the early steps, here's what can happen:

●       Your bank account application gets delayed or rejected

●       The IRS fines you for missing a required form

●       Your state dissolves your LLC for missing a filing you didn't know about

●       You can't properly invoice clients or sign contracts

If you're forming your LLC from outside the US, the stakes are a little higher. Banks often want cleaner paperwork from non-resident founders. The IRS has a specific filing for foreign-owned LLCs that many people never hear about until it's overdue. And if you live in a country like India, you may have compliance obligations there too, separate from anything the US requires.

Let's break down exactly what to do, in order.

US LLC Compliance Checklist: Your First 30 Days

This is your foundation month. Everything else builds on these steps.

1. Get your EIN (Employer Identification Number)

Your EIN is like a Social Security number for your business. The IRS uses it to identify your LLC, and you'll need it before you can open a bank account or file taxes.

Applying is free and done directly through the IRS EIN application page. If you don't have a US Social Security Number, you can't use the fast online application. You'll need to file Form SS-4 by fax or mail instead, which can take several weeks. Apply as early as possible if this applies to you.

Days 31–60: Building Your Systems

Most states don't legally require this document, but skip it at your own risk. Your Operating Agreement spells out who owns what percentage of the company, who makes decisions, and what happens if a partner wants to leave.

Without one, banks and courts may treat your LLC as informal or poorly managed, which can hurt you later if there's ever a dispute.

Related reading: [Wyoming vs Delaware LLC: Which Is Right for You]

3. Open a business bank account

Never mix your personal and business money. Keeping them separate is one of the main reasons an LLC protects your personal assets in the first place. If you commingle funds, you risk losing that protection entirely.

You'll typically need your EIN letter, formation documents, and Operating Agreement to open the account. If you're a non-resident founder, expect extra identity checks, sometimes including a video call.

Related reading: [Best US Banks for Non-Residents]

4. Set up basic bookkeeping

Pick a simple accounting tool and start using it from day one. It's much easier to track income and expenses as they happen than to reconstruct everything at tax time.

This also matters for foreign-owned LLCs, since you'll need clean records for a specific IRS form we'll cover below.

5. Confirm your Registered Agent

Your Registered Agent is the person or company authorized to receive legal and state mail on your LLC's behalf. Double check that the address is active and that you'll actually be notified when something arrives.

A missed notice is often the first sign of a bigger compliance problem, so this step matters more than people expect.

6. Check your business license requirements

Business licenses are separate from LLC formation, and they depend on your state, city, and industry. An online store, a software company, and a consulting business can all have completely different license requirements, even in the same state. Your state's Secretary of State website is the most reliable place to confirm what applies to you.

7. Look into sales tax

If you sell physical or digital products, you may owe sales tax in states where you have enough sales activity, even without an office there. This is called "economic nexus," and it's worth checking early since state rules vary.

Days 31–60: Building Your Systems

With the basics in place, this phase is about setting up systems that keep you compliant without constant effort.

●       Register in other states, if needed. If you do business outside your formation state, you may need to register there too. This is called foreign qualification, and online businesses often miss it.

●       Get business insurance. General liability coverage protects the business, and in practice, it helps protect the personal liability shield your LLC provides.

●       Set up payroll, if you're hiring. US payroll involves tax withholding and worker classification rules. Getting this wrong (treating an employee as a contractor, for example) can lead to real penalties.

●       Strengthen your accounting. Move beyond basic tracking. Set up a proper chart of accounts and reconcile your books monthly.

●       Organize contracts and invoices. Standard client contracts and clear invoices (with your business name and EIN) reduce disputes and make tax season easier.

●       Build a compliance calendar. This is the single most useful thing you can do in this phase. List every federal, state, and (if applicable) home-country deadline, with reminders set 30 days ahead.

Days 61–90: Planning Ahead

This phase is about looking toward your one-year mark instead of scrambling when deadlines arrive.

●       Plan your annual report. Most states require an annual or biennial report to keep your LLC active. Miss it, and your state can dissolve your LLC without much warning.

●       Set renewal reminders. Your Registered Agent renewal, business license renewal, and annual report deadline rarely fall on the same date. One missed renewal is the most common way a compliant LLC becomes non-compliant.

●       Start tax planning, not just tax filing. Talk to a US tax professional about estimated quarterly taxes and, if you're a foreign owner, your filing obligations before year-end.

●       Pay estimated taxes if they apply to you. The US tax system often expects payment throughout the year, not just at filing time. Underpaying can trigger penalties even if you eventually pay in full.

●       Keep your records organized. Store your formation documents, Operating Agreement, EIN letter, and financial records somewhere safe and backed up.

●       Start building business credit. A dedicated bank account, a business credit card, and on-time vendor payments help build credit separate from your personal history.

●       Collect W-9 forms from US contractors. This makes it much easier to issue 1099 forms in January instead of chasing paperwork.

Common Mistakes Foreign Founders Make

Most of these aren't careless mistakes. They happen because the step simply isn't mentioned in general LLC guides.

●       Treating LLC formation as the finish line, instead of the start of ongoing responsibilities

●       Applying for a bank account before receiving the EIN confirmation letter

●       Getting BOI reporting wrong, in either direction (more on this below)

●       Missing Form 5472, a required filing for foreign-owned single-member LLCs, which carries a penalty starting at $25,000

●       Using a personal bank account "temporarily," which can undo the liability protection your LLC provides

●       Ignoring a missed Registered Agent notice, which is often an early warning sign

●       Forgetting that compliance responsibilities may not stop at the US border

If You're a Founder Based in India

Everything above covers your US obligations. If you're an Indian resident who formed a US LLC, there's a second compliance track back home, separate from anything the IRS or your state requires.

Here's what generally applies. Since FEMA and RBI rules can change, confirm the current requirements with your chartered accountant or an Authorized Dealer bank before acting on this, and check the RBI's official overseas investment guidelines for the latest position.

Form FC and ODI reporting. When you invest in a foreign company as an Indian resident, that investment is generally routed and reported through an Authorized Dealer bank under the Overseas Direct Investment (ODI) framework, using Form FC. This is filed at the time of investment, so it's not something to fix later.

The Annual Performance Report (APR). Each year your US LLC stays active, Indian residents holding a stake in it are generally expected to file an APR with the RBI. Think of this as the India-side version of your US annual report. For example, if your LLC's financial year closes in December, your APR is generally expected the following year, so it's worth adding to the same compliance calendar you're building for your US deadlines.

The LRS remittance limit. Money sent from India to fund your LLC usually falls under the Liberalised Remittance Scheme, which caps how much an individual can send abroad each financial year. If you're funding your LLC in stages, keep this limit in mind, since going over it without proper structuring can complicate your ODI filing.

Why this matters even if your US side is perfect. It's entirely possible to be fully compliant in the US, EIN filed, annual report submitted, taxes paid, while missing the ODI and APR filings back home. FEMA non-compliance has its own penalty structure in India, independent of your standing with the IRS. Founders sometimes only discover this gap when they try to close the LLC or bring profits back to India, by which point catching up can involve compounding fees.

Because this depends on your personal situation, loop in a CA or your AD bank early, ideally before you fund the LLC.

Related reading: [How to Open a US LLC from India]

US LLC Compliance Timeline

Timeline

Task

Why It Matters

Week 1	Apply for EIN	Needed for banking, taxes, and hiring
Week 1–2	Sign Operating Agreement	Protects your liability shield
Week 2–4	Open business bank account	Keeps finances separate and protected
Week 2–4	Confirm Registered Agent	Ensures you receive important notices
Month 1	Check business licenses	Avoids fines for unlicensed operation
Month 1	Review sales tax nexus	Avoids surprise back taxes
Month 1 (India-based founders)	File Form FC via AD bank	Reports your ODI investment under FEMA
Month 2	Register in other states, if needed	Keeps you compliant where you operate
Month 2	Set up payroll, if hiring	Avoids worker misclassification penalties
Month 2	Build a compliance calendar	Prevents missed deadlines going forward
Month 3	Plan your annual report	Prevents administrative dissolution
Month 3	Start tax planning	Avoids underpayment penalties
Month 3	Confirm your Form 5472 obligation	Penalty for missing it starts at $25,000
Ongoing, yearly	File APR with RBI (India-based founders)	Required to maintain FEMA compliance

Frequently Asked Questions

Do I still need to file a BOI report for my US LLC?

Under FinCEN's current rule (updated in March 2025), LLCs formed in the United States are exempt from BOI reporting, regardless of who owns them. Only certain foreign entities registered to do business in the US remain in scope. Because this rule has changed before, check FinCEN's official BOI page for the latest guidance before assuming your situation hasn't changed.

What happens if I don't get my EIN right away?

You won't be able to open a business bank account, file most tax forms, or legally hire anyone. If you don't have a US Social Security Number, apply early since the process can take several weeks.

Can I open a US business bank account without an SSN?

Yes, many banks and fintech companies work with non-resident founders. You'll typically need your EIN letter, formation documents, and extra identity verification, which varies by bank.

What is Form 5472, and does it apply to me?

Form 5472 applies to foreign-owned, single-member LLCs. It reports transactions between the LLC and its foreign owner, and the penalty for missing it starts at $25,000. If you're a non-resident owner, confirm this with a tax professional.

Do I need an ITIN as a non-resident LLC owner?

Not always. It depends on whether you personally have a US tax filing requirement. Many non-resident owners use the EIN for the business itself and only need an ITIN in specific situations. A tax professional can confirm what applies to you.

What happens if I miss my state's annual report deadline?

Most states charge a late fee first. If it stays unresolved, your state can administratively dissolve your LLC, meaning it legally stops existing there until you file for reinstatement.

As an Indian founder, do I need to report my US LLC to the RBI?

Generally, yes. This typically involves ODI reporting through Form FC when you invest, and an Annual Performance Report each year the LLC stays active. Confirm current requirements with your CA or AD bank, since FEMA rules can be updated.

How much does ongoing US LLC compliance usually cost per year?

It depends on your state and how complex your business is. Budget for Registered Agent fees, state filing fees, bookkeeping, and, if you're a foreign owner, a tax professional familiar with Form 5472.

Can I run my US LLC while living outside the US?

Yes, this is common and legal. The key is setting up your banking, tax filings, and registered agent so everything functions properly without you being physically present.

What's the real difference between federal and state compliance?

Federal compliance covers IRS requirements, like your EIN and (for foreign owners) Form 5472. State compliance covers annual reports, your Registered Agent, and business licenses, and each state sets its own deadlines separately from the federal calendar.

Getting Help With Ongoing Compliance

Forming your LLC is the easy part. Staying compliant across US federal rules, state deadlines, and, if you're based in India, RBI and FEMA reporting, is where most founders benefit from support.

Internation Corpus works with founders building US businesses from outside the country, helping with annual filings, registered agent service, and ongoing compliance guidance. If you'd like help building a compliance calendar for your specific situation, we're happy to talk it through.