No. A foreign LLC is an LLC registered to do business in a state other than the one where it was formed. A foreign-owned LLC is an LLC whose owner lives outside the US. A Wyoming LLC owned by someone in India is a domestic Wyoming LLC that happens to be foreign-owned.
Each state calls an LLC formed under its own law "domestic" and any LLC formed in another state "foreign". If your Wyoming LLC opens an office in Texas, it registers in Texas as a foreign LLC. That process is called foreign qualification.
States expect you to qualify when the LLC is doing business there in a real way: an office, staff, a warehouse or property in that state. Selling online to customers in a state does not usually count by itself, although sales tax rules are separate. Each state sets its own test, so check with its Secretary of State if you have a physical presence somewhere new.
Qualifying means filing an application in the new state, appointing a registered agent there and paying that state's fees and annual reports on top of your home state's.
Foreign-owned is a tax idea. The IRS treats a single-member LLC owned by a non-US person as a foreign-owned disregarded entity, which brings the yearly Form 5472 filing. That has nothing to do with which state the LLC is registered in.
Form your US LLC
We form LLCs in Wyoming, Delaware, New Mexico and Florida for founders anywhere in the world.
Form your LLCQuestions first? hello@startfleet.io
