Julian Drago
November 1, 2025
When reviewing legal concepts in the United States, it is common to come across terms such as natural person and legal person. Although they may seem like simple definitions, understanding the difference is essential for any foreign entrepreneur who wants to open a business, invest, or manage tax obligations in U.S. territory. These concepts determine who can assume rights, obligations, legal responsibilities, and the capacity to operate before government entities such as the IRS.
Understanding how the figure of the natural person works within the U.S. legal framework helps you make better decisions when creating an LLC, a corporation, or managing your personal tax and compliance situation.
In U.S. law, a natural person is an individual human being who has full legal capacity to exercise rights, enter into obligations, own property, file taxes, and participate in contractual processes. This status exists from birth and ends only at the death of the individual.
Being a natural person means that you can:
The law also recognizes legal persons, which are artificially created entities (such as companies, nonprofits, and public agencies). These also have rights and obligations, but their nature is different because they operate independently from their owners.
Although both can have rights and obligations, the differences are significant:
An individual with their own legal identity. They have full capacity to act, work, receive income, and be directly responsible under the law. Any financial or legal obligation falls directly on their personal assets.
An entity recognized by law as a “person” with independent rights and responsibilities. It can be an LLC, a corporation (C-Corp or S-Corp), a foundation, or an association. It has its own assets, the ability to hire employees, open bank accounts, and meet tax obligations without directly involving the personal assets of its owners.
The separation between both concepts is essential to understanding why many entrepreneurs choose to form a legal entity in the U.S.: a legal entity allows you to protect personal assets, optimize tax obligations, and operate in a more professional and secure manner.
If you want to start a business in the United States, it is important to know that as a natural person:
Additionally, any income you receive directly (not through a company) can create tax implications that must be handled correctly to avoid fines or problems with the IRS.
U.S. law allows any natural person to:
However, a natural person has an important disadvantage: all responsibility falls directly on their personal assets. This means that in the event of a lawsuit, debt, or non-compliance, your individual assets may be at risk.
This is one of the main reasons foreign entrepreneurs choose to create an LLC or corporation — it establishes a legal barrier between the business and their personal wealth.
The IRS recognizes a natural person as a taxpayer when they:
As an owner of a U.S. entity, even as a non-resident, you may be required to:
Your status as a natural person also matters when you are a member or shareholder of a U.S. company, because the IRS requires identifying those who control or manage the entity.
In the United States, any natural person — regardless of nationality — can:
This flexibility is one of the reasons the United States is a preferred destination for international entrepreneurs.
Choosing between operating as a natural person or creating a legal entity depends on your objectives:
The main advantage of using an LLC or corporation is that your personal liability becomes limited, giving you stability and protection.
Understanding the difference between a natural person and a legal person is the first step toward making smart decisions when doing business in the United States.
If you want to operate legally, protect your assets, comply with tax regulations, and build a strong business, at Openbiz we support you in creating your entity and managing all administrative and tax requirements.
If you want to start doing business in the United States and do it right from the beginning, contact us at Openbiz. We will guide you every step of the way.
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