Common Mistakes Indians Make When Incorporating a US Company (And How to Avoid Them)

Starting a US-based company from India is easier today than ever before but it’s also filled with nuances that can lead to costly errors if you’re not careful. From choosing the wrong state to missing key documentation, many Indian founders unknowingly fall into traps that delay business operations, banking access, or even IRS compliance.

If you’re planning to incorporate a US company from India, this guide will walk you through the top mistakes Indians make and more importantly, how to avoid them.

Let’s help you start right.

Mistake 1: Choosing the Wrong State for Incorporation

Many Indian entrepreneurs assume that the best state to register a US company is either California or New York because they’re well known. These states are actually some of the most expensive and heavily regulated for incorporation.

Why It Matters:

Each US state has different tax laws, annual fees, and reporting requirements. Picking the wrong state can mean:

• Higher franchise tax or annual filing fees
• Mandatory local business licenses
• Unnecessary legal complexities

Smart Alternative:

Most non-resident founders prefer Delaware, Wyoming, or Florida due to their:

• Business-friendly laws
• Lower costs
• Simple compliance requirements

Pro Tip: If you won’t have a physical presence in the US, consider Wyoming or Delaware for easier maintenance and privacy benefits.

Mistake 2: Skipping the EIN (Employer Identification Number)

An EIN is the U.S. equivalent of a PAN card, used to identify your business for tax and legal purposes. Some founders think it’s optional, but you cannot operate without it.

Why You Need an EIN:

• To open a US business bank account
• To apply for Stripe, PayPal, or Amazon
• To file taxes or issue 1099s to freelancers
• To legally hire employees or contractors

Common Roadblocks:

If you don’t have a US Social Security Number (SSN), the IRS process becomes manual leading to delays of 2–4 weeks if done incorrectly.

Avoid This: Use a professional service that can help you file the IRS Form SS-4 correctly and fast-track your EIN application. This is the official form used to apply for an Employer Identification Number (EIN), which is essential for tax and banking purposes.

Mistake 3: Not Having a Valid US Address

Even if you live in India, your US company is required to have:

• A registered agent address in the state of incorporation
• A mailing address to receive IRS and bank documents

Some Indian founders make the mistake of putting a friend’s or random address which can cause mail loss or compliance issues.

What to Do Instead:

• Use a professional registered agent service in your chosen state
• Set up a virtual mailbox that scans and forwards your mail

This ensures you never miss tax notices, legal correspondence, or bank verifications.

Mistake 4: Expecting Instant US Bank Account Approval

One of the biggest frustrations Indian founders face is delays in setting up a US bank account. Without proper documentation and preparation, your application can be rejected or stuck for weeks.

What Banks Typically Ask For:

• Company formation documents (LLC/Inc.)
• EIN confirmation letter
• US address proof
• Valid ID and business purpose

Avoid This by:

• Ensuring your documents are complete and matching
• Using modern fintech-friendly banks that allow remote onboarding
• Consulting an expert who understands what Indian founders need

At USAIndiaCFO, we help our clients open accounts remotely through trusted banking partners.

Mistake 5: Ignoring Annual Compliance Requirements

Many founders wrongly believe that once the company is registered, the work is done. In fact, every US company must fulfill annual legal obligations, such as:

• Franchise tax filing
• Annual report submissions
• BOI (Beneficial Ownership Information) report to FinCEN — As of March 21, 2025, only foreign entities (formed under foreign law and registered to do business in the U.S.) are required to file BOI reports under the Corporate Transparency Act. Domestic U.S. entities and U.S. persons are now exempt from BOI filing. You can learn more about current BOI filing rules and deadlines on the FinCEN official site.
• Federal tax returns, even with $0 income

Failure to do this can result in:

• Late penalties
• Suspension or revocation of your company
• IRS notices and audit risks

How to Stay Compliant:

• Use a virtual CFO or compliance tracking service
• Mark renewal dates in your calendar
• Don’t ignore IRS letters respond or consult an expert immediately

USAIndiaCFO offers ongoing compliance support for Indian founders so you never fall behind.

Mistake 6: Underestimating Cultural & Documentation Differences

US business culture and documentation norms differ greatly from India. For example:

• Contracts are more standardized and legally enforced
• IRS communications are time-sensitive
• KYC and AML (anti-money laundering) checks are stricter

If you’re not used to this, you may accidentally:

• Submit incomplete forms
• Miss compliance deadlines
• Fail background checks for banking/KYC

Tip: Work with someone who understands both Indian and US systems, especially around documentation, taxes, and entity setup.

Mistake 7: Going Without a Virtual CFO or Business Advisor

When starting a business in a foreign country, you need more than just registration you need someone to:

• Track your deadlines
• Handle tax strategy
• Advise on banking and funding options
• File state and IRS reports accurately

Many Indian founders skip this step and get lost in paperwork or face late penalties down the road.

How a Virtual CFO Helps:

• Provides monthly/quarterly financial oversight
• Offers tax optimization advice for US–India businesses
• Handles accounting, payroll, and compliance so you can focus on growth

USAIndiaCFO specializes in helping Indian founders manage their US finances and compliance fully remote and affordable.

How to Register the Right Way Without Mistakes

Here’s a simplified checklist to avoid the common mistakes:

Start Smart, Scale Smoothly

Incorporating a US company from India is a smart move but only if done right. Avoiding early mistakes can save you weeks of delay, legal troubles, and unnecessary expenses.

By planning properly and working with experts who understand both Indian and US regulations, you can set up a company that’s fully compliant, bankable, and ready for global clients.

Want to incorporate your US company the right way from India? Talk to our team at USAIndiaCFO.com we simplify your journey from registration to compliance and banking.

Frequently Asked Questions (FAQs)