Why indie game developers need a Wyoming LLC
Indie game devs face two headaches when their first game starts earning real money. Steam pays only to verified seller accounts. Your home country bank may charge $30-$50 per international wire on every payout. And US withholding eats 24-30% of US-source game revenue.
A Wyoming LLC fixes all three. Steam accepts the LLC + EIN cleanly. Mercury holds USD payouts with no wire fees. W-8BEN-E filed in Steam's tax interface drops withholding to treaty rate (often 0-15%).
Plus you can run Patreon, GitHub Sponsors, itch.io, and your dev studio's marketing through the same LLC for consolidated income.
The game developer stack after formation
- Wyoming LLC formed under Title 17, Chapter 29 ($397, 24 hours)
- EIN via IRS Form SS-4 (8 to 10 business days)
- Mercury business bank for Steam, Epic, itch.io, and Patreon payouts
- Steamworks Developer account updated with LLC name and EIN ($100 per game submission)
- Epic Games Store and itch.io accounts updated with LLC name
- W-8BEN-E filed in Steam, Epic, and itch.io tax interviews
- Optional: Patreon, GitHub Sponsors, BuyMeACoffee for community support
- Form 5472 + pro forma 1120 filed annually ($99 add-on)
Game distribution platform comparison
| Platform | Revenue split | Payout schedule | Best for |
|---|---|---|---|
| Steam | 70/30 (creator/platform) | Monthly net 30 | PC indie distribution |
| Epic Games Store | 88/12 | Monthly net 30 | Higher rev-share platform |
| itch.io | Creator-set (typically 90/10) | Custom payout requests | Indie discoverability |
| Apple App Store | 70/30 (15% year 2+ for subs) | Monthly | iOS/iPad distribution |
| Google Play | 70/30 (15% year 2+ for subs) | Monthly | Android distribution |
| Game Pass / EA Play | Negotiated lump sum | Per deal | Subscription deals |
| Patreon (community) | Creator-paid 5-12% to Patreon | Monthly | Ongoing dev funding |
| GitHub Sponsors | Creator-set | Monthly | Open source game projects |
How US tax works on game revenue
Game sales revenue from US buyers is generally not Effectively Connected Income for a non-resident pass-through LLC. Game development from outside the US, without US employees, typically does not create ECI.
So US federal income tax owed is typically zero. Form 5472 + pro forma 1120 is mandatory annually regardless. Total game revenue (across Steam, Epic, App Store, etc.) minus platform fees minus engine fees minus contractor pay equals net business income.
Withholding is a separate matter. Steam, Epic, and Apple all withhold US tax on US-source game revenue. W-8BEN-E + treaty claim drops this to your treaty rate. Without the LLC, you cannot file W-8BEN-E and the 24-30% withholding stays.
Unity and Unreal Engine fees through the LLC
Unity charges based on a tiered subscription model (Free for revenue under $200K, Plus/Pro/Enterprise for higher tiers). Unreal Engine charges a 5% royalty on gross revenue above $1M lifetime per game (calculated quarterly).
Both engine fees deduct as business expenses paid by the LLC. Unity subscription bills monthly through your LLC card. Unreal royalty bills quarterly when applicable. Both are clean deductions on the pro forma 1120 cover.
For most indie devs, engine costs are small relative to revenue. The LLC structure handles the engine fee accounting cleanly through standard expense deductions.
Common game developer mistakes with Wyoming LLCs
- Submitting games to Steam under personal name then trying to switch later (transfer process is messy)
- Not filing W-8BEN-E in Steam's tax interview (24-30% withholding continues)
- Skipping Form 5472 because game revenue is small in early launches ($25K penalty applies)
- Not deducting Unity/Unreal subscriptions, plugins, asset packs, sound libraries
- Mixing personal computer purchases with LLC-deductible game dev equipment
- Running multiple games under personal accounts instead of consolidating in the LLC
- Forgetting Patreon and crowdfunding income should also flow through the LLC
What is included for game developers at $397
- Wyoming LLC formation under Title 17, Chapter 29 within 24 hours
- Wyoming registered agent for year 1
- Custom operating agreement for solo or partner indie game studio operations
- EIN via IRS Form SS-4 (no SSN required)
- Direct introductions to Mercury, Relay, and Wise Business
- Document delivery as searchable PDFs
- WhatsApp and email support across NYC and Dhaka time zones
- W-8BEN-E filing guidance for Steam, Epic, itch.io tax interviews