Market entry: US

Selling into the US: what presence do you really need?

How much United States presence to create, and when, is the choice for a foreign business. We weigh a US entity against lighter routes and sort the steps by what you need first.

Entry routesForeign ownershipReportingSequence
The decision

Stay cross-border, partner, or form a US entity

Some sales to US customers can start across a border. A US entity becomes useful when a customer, supplier or channel needs a domestic counterpart. The assessment names the triggers that move you from one stage to the next.

It is feasibility and sequencing; market research on US customers is a separate service.

What the sources establish

What the sources say about a foreign owner

These sourced facts describe how a foreign owner is treated at the identifier and reporting level.

01

Foreign ownership and the EIN

A foreign person owning a US LLC or corporation is not barred from owning it by the IRS EIN rules: applicants whose principal business is outside the US may obtain an EIN by phone, fax or mail rather than through the online tool.

02

Beneficial-ownership reporting

FinCEN's current position (final rule issued 11 Aug 2026, effective 14 Aug 2026): US companies are exempt from BOI reporting and US persons need not report; only entities formed under foreign law and registered to do business in the US remain reporting companies. A Delaware LLC is US-formed, so it is exempt regardless of owner nationality.

Sources

Where this comes from.

Employer ID numbers (EINs) — IRS. Source language: English.

Beneficial Ownership Information reporting — FinCEN. Source language: English.

Facts reviewed 2026-09-28.

Where the first US step differs by business

Where the first US step differs by business

A European software company with first US customers

Selling across a border may be enough for now; the assessment asks what the first customers expect of a seller.

A product brand placing goods with US distributors

The seller of record is the first thing to settle, and whether the distributor model covers it.

A founder moving the headquarters to the US

Whether the existing entity is retained or a US entity becomes the parent comes first, with the effect on the owners.

What a foreign owner still has to settle

What a foreign owner still has to settle

Ownership design

What remains for the assessment is who owns what and through which entity. Confirm the application route and any reporting position with a US professional at the time you decide.

Who carries the first US sales

The assessment asks whether a distributor rather than an entity could carry the first sales, and what that distributor would expect of you.

Setting an entity beside lighter routes

The assessment sets a US entity next to the lighter routes and records what each would leave you holding.

Step by step

A staged order for the US

01

First, the seller of record

Settle who sells to US buyers and in whose name the invoices are issued.

02

Then, distributor terms

Check what a distributor model would need to cover and what buyers actually ask for.

03

Last, the entity

Form one when a named customer, channel or financing step calls for it.

The service

Market Entry and Expansion Assessment

Who it is for
Companies deciding whether and how to enter a new country
The problem it solves
It is unclear whether to enter a market with a local entity, a distributor or cross-border sales, and in what order
What we need from you
  • product and customers
  • target market
  • current entity and its country
  • budget and timeline
How it works
  • intake questions
  • LATYNEX assesses the options
  • written assessment
  • walk-through call
What you receive
A written assessment of feasible entry routes, their set-up steps and costs, the risks and a recommended sequence
Included
  • entry options compared
  • set-up steps and order
  • cost ranges with assumptions
  • risks and open questions
Not included
  • local legal, tax or licensing opinions
  • hiring or contracting in the market
  • guarantees of market results
Timing
Confirmed when your request is accepted.
What LATYNEX does
  • assess the options
  • draft the sequence
  • coordinate a local partner when needed
  • write the assessment
Price
Confirmed when your request is accepted.
Good to know

What this is, and isn't

This is business and structuring analysis, not legal, tax or investment advice. Where a legal or tax opinion is needed, we say so and point you to a licensed adviser.

FAQ

Frequently asked questions

Does it say when to form a US entity?+

It lists the points that would bring an entity into your plan. The filing itself is a separate service.

Can it help me find US distributors?+

No. Finding or contracting counterparties is outside the scope; the assessment asks what a distributor model would need to cover.

Does it forecast US sales?+

No. It sets out options, risks and the order of steps; customer research and forecasts are separate.

Request

Tell us what you need.

No obligation. We read your request and reply with a straight answer.

Consulting

Get an independent view before you commit.

Describe your plan and your constraints. We reply with what we would look at first.

Request an assessment