As a non-resident, you can sell to the U.S. market through Shopify using an entity from your own country. If you’re approved for Shopify Payments in your country, you can sell in U.S. dollars, with Shopify converting the funds back to your local currency for a small conversion fee.
However, some sellers may need to form a U.S. LLC to work with U.S. suppliers or for dropshipping, where qualifying for Shopify Payments becomes more complicated and isn’t guaranteed.
If your business generates over $1M—$3M in revenue, you may also want to avoid the 2% conversion fee and the higher payment processing rates in your country. In this case, forming a U.S. company and attempting to qualify for Shopify Payments could lead to significant savings.
Steps to Set up for Shopify Payments:
- Government-issued photo ID
- A valid IRS Tax ID
- SSN (if a U.S. resident)
- State-level business registration document
- Proof of your operational presence in the U.S.
- A USD checking account (virtual banks have a hiring risk)
Shopify Payments Non-Residents
If you do not have all the required documents, you can still use the payment providers available in your country. If you have all the documents, you may qualify for Shopify payments. However, Shopify does not guarantee you will be approved, even with all these documents.
Shopify Store Setup Checklist
- Create an account name for your store and set your legal business name. U.S. residents are not recommended to operate as a sole proprietorship, as this will increase their audit rate and impact their personal credit.
- Enter your business address. A U.S. seller may not want to use your home address.
- Add your billing information.
- Set up your payment provider. This may include Shopify Payments, a third-party provider, Apple Pay, or cryptocurrency.
- Set your default currency for your store.
- Set a default weight unit for your store listings.
- Set up your shipping settings
- Set up a pickup and local delivery.
- Set up your taxes.
- Set up your payment gateways.
- Set up your domain.
Shopify Sales Tax Responsibilities:
Since the 2018 U.S. Supreme Court Case, Wayfair vs. South Dakota, the state has created economic thresholds that will impact Shopify sellers and their responsibilities to get registered to collect and remit sales tax after they cross these thresholds. There are 47 economic nexus states, and 18 states have economic nexus thresholds of only 200 transactions. Several states have removed their 200 transactions, including Indiana on January 1, 2024, and North Carolina and Wyoming on July 1st, 2024 (Alaska will remove the 200 transactions on January 1st, 2025).
Once you cross these economic thresholds, you will want to check with each state the time frame to register for sales tax, turn on the tax collection settings within your store, and remit sales tax back to the state. Sales tax software can help, but if you are selling products where some are not subject to sales tax in some states but not others, we recommend you consult with a Sales & Local Tax Expert.
Go to this page to learn more about their complete sales tax registration services. Do NOT turn on your tax collections until you are registered with a sales tax license in the state first. Collecting tax without a permit is illegal and could be considered tax fraud. At this point, you must get registered.
Shopify’s tax liability dashboard will help determine if you should register for sales tax.
How to Find Shopify’s Liability Dashboard:
After signing in to your Shopify admin page, click on settings (on the bottom left) and click taxes. Next to the U.S., click manage. You will see a section at the top of the screen that says manage sales tax liability. To the right of that, click show all liabilities. You are on the sales tax liability dashboard and can click show details to see Shopify’s calculations in relation to the thresholds.
Key in mind these important points:
Shopify does not count those sales towards your economic nexus thresholds if you sell on other marketplaces. Some states count marketplace sales towards your thresholds even if the marketplace collects and remits sales tax.
Do you sell products exempt from sales tax, such as supplements (in some states) or clothing? If so, exempt sales should not be counted towards your economic thresholds.
Each state has different calculation methods to determine how you determine if you cross the economic nexus thresholds. Some states look at the previous 12 months of sales, others the previous calendar or current year.
Which Entity is Best to Sell on Shopify?
Deciding which entity structure is best for selling on Shopify involves several key factors, especially for non-residents looking to expand into the U.S. market.
For U.S. Residents:
U.S. residents typically form an LLC taxed as an S corporation to keep profits off Schedule C, which is more likely to be audited. This structure can also reduce self-employment taxes. Alternatively, if you have a partner, you may form an LLC taxed as a partnership, and each partner would have their own LLC taxed as an S corporation. Rarely do we recommend C corporations for U.S. residents to sell on Shopify. Whichever route you take, ensure that your operating agreement matches the members’ number and the tax classification.
For Non-Residents:
Non-residents can sell through foreign entities or as individuals and use Shopify Payments available in their home country. You can run your Shopify store from a foreign entity, convert sales into USD, and have funds transferred to your local bank account after a conversion fee.
However, if you want to qualify for Shopify Payments in the U.S., the requirements are much stricter:
You’ll need to establish a U.S. company, provide a U.S. address (not a P.O. Box), set up a U.S. bank account, and obtain an ITIN for the signer.
The biggest hurdle is proving operational presence, which means you need more than a virtual office or mailbox to meet Shopify’s standards.
For non-resident sellers generating $1M-$3M+ in sales, forming a U.S. LLC and attempting to qualify for Shopify Payments can lead to significant savings by avoiding the 2% conversion fee and reducing processing rates.
Tax Implications and U.S. Permanent Establishment
Tax planning is crucial when creating a U.S. taxpayer for your Shopify business. By establishing a U.S. LLC taxed as a partnership or C corporation and filling out a W-9, you are creating a U.S. person, which may trigger U.S. tax obligations (the LLC C corp, yes, the LLC partnership, maybe).
Given the complexities of U.S. tax laws and tax treaties with foreign countries, it’s essential to work with professionals who understand these nuances. Our team collaborates closely with CPAs and tax attorneys who specialize in helping non-residents navigate U.S. taxation while minimizing tax liabilities through treaty benefits, when applicable.
Key Factors to Consider for LLC Formation
An LLC is one of the most popular U.S. entities for non-residents, but it’s also often misunderstood. Avoiding common mistakes requires careful attention to the following:
- LLC Management: Clear roles and responsibilities must be defined.
- Tax Classification: Choose between partnership, corporation, S corporation, or disregarded entity status.
- Operating Agreement: This must align with the number of members and chosen tax type.
- Formalities: Proper documentation and processes protect your entity’s legal standing.
- Capitalization: Understand the rules regarding foreign ownership, whether it’s individual or corporate.
- Filing the Right Tax Returns: The LLC’s structure dictates which U.S. tax returns must be filed, and whether state tax returns are also required.
- Separation of Funds: Avoid commingling business and personal funds to protect the entity’s liability shield.
- Accounting and Record-Keeping: Proper bookkeeping is essential to stay compliant and prepared for IRS audits.
- SS-4 Application: The SS-4 form (used to obtain an EIN) must be completed accurately, as mistakes here can cause delays and issues with your tax filings.
Building the Right U.S. Tax Strategy
Your U.S. tax strategy must align with the tax laws in your home country. It’s important to remember that saving a small amount on LLC formation costs could result in much higher tax liabilities later if your overall strategy isn’t optimized.
We work with top CPAs and tax attorneys who understand U.S. taxation and can coordinate with your home-country tax professionals to minimize your U.S. tax exposure. Whether you’re selling on Shopify, Walmart, or other platforms, addressing these critical questions is key to your success:
- Are you engaged in a U.S. trade or business?
- Did you create a U.S. taxpayer?
- Are you eligible for tax treaty benefits?
- Should you retain profits in the U.S. or issue dividends?
- What U.S. tax returns are required, and do you need to file state tax returns as well?
Not Every Seller is Ready for Shopify Payments—Are You?
If you’re serious about qualifying for Shopify Payments, our U.S. Expansion Packages are built for sellers who understand that this process requires more than just forming an LLC and slapping a U.S. address on their account. We don’t offer shortcuts. Our package includes everything from reviewing and amending your LLC formation (or forming a new one) to evaluating and recommending the right address, bank, and operational presence. Plus, we’ll help you develop a financial plan that explores all your options—because success is about more than just ticking boxes.
Let’s be clear: if you’re a startup with limited capital looking for a cheap way in, our program isn’t for you. We’re here for established sellers ready for a complex analysis and serious about building a legitimate U.S. presence. We can’t guarantee Shopify will approve your account—no one can—but we’ll guide you through the process with real expertise. And in some cases, the best recommendation might be not to pursue Shopify Payments at all.
Our Shopify expansion package is for those ready to invest in doing things right, not for those looking for a quick fix. If that’s you, we’re ready to help.