Can a non-US founder open a Mercury account with a New York LLC?

Yes. Mercury explicitly supports foreign founders with a US LLC. You need the New York formation document (the Articles of Organization), the IRS EIN letter, a non-US passport for identity, and a US business address. No US SSN or residency is required.

Does forming in New York affect Mercury eligibility?

No. Mercury accepts LLCs from all US states and territories. The formation document name varies by state, and New York issues Articles of Organization; Mercury accepts it the same as any other state's.

I do not live in New York. Can I still use a New York LLC on Mercury?

Mercury does not check where you live, only that the New York entity is validly registered and that the details you enter match New York's record. The catch is not Mercury, it is the state you actually operate from: states require an out-of-state LLC to register as a foreign LLC before it transacts business there, which is a second filing and a second fee on top of New York's $200. Forming in New York while working somewhere else usually means paying both states, not one.

Do I need a New York sales-tax permit before my first sale through Mercury?

Probably yes. New York charges a 4% state rate, and payments taken through Mercury are not covered by marketplace-facilitator laws, so you collect and remit yourself. Register before your first taxable sale if you have physical presence in New York, or once you cross its remote-seller threshold of $500,000 in sales AND 100 transactions (both must be met).

Marketplace Verification

How to pass Mercury verification with a New York LLC

What Mercury asks for at signup, and which New York LLC documents satisfy each requirement.

By Edmond Hui · Last updated: August 4, 2026

Edmond Hui · Founder, MyStateLLC

Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.

A New York LLC is generally eligible for Mercury verification — you will need to provide your Articles of Organization, EIN, beneficial-owner ID, and a valid US business address. Nothing about forming in New York blocks approval, and nothing about it guarantees approval either: the final call is Mercury's.

Mercury is a fintech banking platform whose deposits are held at FDIC-member partner banks (currently Choice Financial Group and Column N.A., Members FDIC), making it popular with startups and small businesses including those with non-US founders. To open a Mercury account for a New York LLC, you must provide the company's formation document (in New York, the Articles of Organization), an IRS-issued EIN confirmation, a government ID for the beneficial owner(s), and a physical US address. Mercury supports all US-state LLC types and is commonly used by foreign founders who have formed a US LLC, since it does not require founders to be US citizens or residents.

In New York the entity behind that check is an LLC created by filing Articles of Organization, which costs $200. New York does not publish a processing time for LLC filings, so treat state approval as the open-ended step in your timeline rather than the Mercury review. New York also requires newspaper publication after formation, so the LLC is not fully settled on the day the state accepts the filing. Because New York names a member or manager on a routine public filing, the owner name Mercury asks you to confirm is already a matter of public record.

Not legal advice: Verification requirements change, and so do New York's filing fees and forms. Confirm current platform rules with Mercury, and current filing rules with the New York filing office, before you file. Mercury's requirements were last reviewed 2026-07-21, and New York's figures on this page come from its own published schedule.

What Mercury requires, and how a New York LLC meets each

Requirement	How your New York LLC satisfies it
LLC formation documents	Upload the Articles of Organization New York returned to you, stamped and approved.
IRS EIN confirmation letter	Provide your federal EIN (free from the IRS; non-US founders without an SSN must apply via Form SS-4 by fax or phone rather than the online tool) — independent of New York.
Government-issued ID for owner(s)	Provide a government ID for each beneficial owner named in your New York filings. New York names a member or manager on a routine public filing, so at least one name already matches state records.
US business address	Use a US street address registered to the LLC in New York (your New York registered-agent or virtual business address), since a PO box is usually rejected.

New York-specific things to watch

New York names a member or manager on a routine public filing, so Mercury's beneficial-owner check will line up with public state records — you still upload a government ID for each owner. (The NY LLC Transparency Act (effective 2026) requires beneficial-ownership reporting to the state, and formation requires newspaper publication of the LLC's existence.)
New York requires newspaper publication after formation. Budget extra time before your Mercury application, since the LLC may not be finalized until publication is proven.
Budget for New York's ongoing LLC costs before projecting your Mercury margins: New York LLCs treated as partnerships/with NY-source income owe an annual filing fee of $25-$4,500 based on NY gross income.

New York sales tax & nexus rules for Mercury sellers

New York charges a 4% state sales-tax rate. Payments through Mercury are not covered by marketplace-facilitator laws — you collect and remit yourself. Registration is required before your first taxable sale if you have physical presence in New York (an in-state location, inventory, or employees), or once you cross New York's remote-seller economic-nexus threshold of $500,000 in sales AND 100 transactions (both must be met).

New York requires BOTH the $500,000 revenue AND 100 transaction thresholds to be met simultaneously — exceeding only one is insufficient. New York's state rate of 4% is low, but New York City adds 4.5% and the Metropolitan Commuter Transportation District adds 0.375%, bringing the NYC rate to 8.875%. New York broadly taxes digital products and SaaS.

How to verify your New York LLC on Mercury

LLC formation documents. Upload the Articles of Organization New York returned to you, stamped and approved.
IRS EIN confirmation letter. Provide your federal EIN (free from the IRS; non-US founders without an SSN must apply via Form SS-4 by fax or phone rather than the online tool) — independent of New York.
Government-issued ID for owner(s). Provide a government ID for each beneficial owner named in your New York filings. New York names a member or manager on a routine public filing, so at least one name already matches state records.
US business address. Use a US street address registered to the LLC in New York (your New York registered-agent or virtual business address), since a PO box is usually rejected.

Non-US founders with New York LLCs

Mercury explicitly supports non-US founders who have formed a US LLC, New York included. A non-US passport is accepted for identity verification. The entity must be formed and registered in the United States, and a US business address is required, which a New York registered agent address satisfies. No US Social Security Number is needed from the founder.

Frequently Asked Questions

: Yes. Mercury explicitly supports foreign founders with a US LLC. You need the New York formation document (the Articles of Organization), the IRS EIN letter, a non-US passport for identity, and a US business address. No US SSN or residency is required.
: No. Mercury accepts LLCs from all US states and territories. The formation document name varies by state, and New York issues Articles of Organization; Mercury accepts it the same as any other state's.
: New York charges $200 to file Articles of Organization, and that is the state's fee to create the LLC. New York does not publish a processing time for LLC filings, so treat state approval as the open-ended step in your timeline rather than the Mercury review. Mercury charges nothing for verification itself, so the $200 filing fee and New York's ongoing obligations are the real cost of getting verified as a New York entity.
: Mercury does not check where you live, only that the New York entity is validly registered and that the details you enter match New York's record. The catch is not Mercury, it is the state you actually operate from: states require an out-of-state LLC to register as a foreign LLC before it transacts business there, which is a second filing and a second fee on top of New York's $200. Forming in New York while working somewhere else usually means paying both states, not one.
: Probably yes. New York charges a 4% state rate, and payments taken through Mercury are not covered by marketplace-facilitator laws, so you collect and remit yourself. Register before your first taxable sale if you have physical presence in New York, or once you cross its remote-seller threshold of $500,000 in sales AND 100 transactions (both must be met).