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What makes Delaware the Best State for Indian Businesses?

What methods of taxation, tax payments and fees? What are the forms of incorporation and sub-forms? In which 2 countries in the US is it most worthwhile to organize? Many Indian businesses work with the American market and may find that establishing a company in the US will advance their interests. When deciding to establish a company in the United States, it is important to know, before implementing it, what the existing forms of incorporation are and what the advantages and disadvantages of each are. Knowing the various forms of incorporation and their characteristics is very important for adapting the form of incorporation.

Indian Startups for corporate companies

Indian startups, whether they choose to incorporate company in Delaware, United States in the first place or whether they establish a company in the United States down the road as a subsidiary of their Indian parent company, usually establish a company in the form of a corporation. This second form of incorporation for tax year forms: C Corp and S Corp.

Corporation is a limited liability company and it does not matter what tax status the company’s shareholders have chosen, as its legal structure is identical in 2 sub-forms: C Corp and S Corp. The default, when consolidating a company in the US, is C Corp, which like a company in India is subject to double taxation: both at the company level and when withdrawing dividends from it.

S Corp, on the other hand, is transparent for tax purposes and therefore only its shareholders are taxed at the individual level. Choosing S Corp status must meet a number of requirements, the main ones being that all shareholders are U.S. citizens or permanent residents and that their number does not exceed 99.

Thus, this structure is particularly suitable for small businesses, whose shareholders are U.S. or permanent residents of the U.S. and do not predict, whose shares are held by many shareholders. Due to the basic requirements of association in the form of S Corp, presented above, it is likely that most Indian entrepreneurs do not meet the requirements unique to this building.

State of incorporation

Companies whose founders are not American and whose center of activity is outside the United States usually chooses to incorporate in the State of Delaware or the State of Nevada.  The founders of their American Companies and center of their operations in the US, choosing mostly to unite the country which is in the center of their operations, although Delaware and Nevada are also used popular countries to associate these cases as well.

Why do so many companies choose to incorporate precisely in Delaware?

Incorporating a company in Delaware is the best thing a businessmen can do for his business. Delaware is the tax heaven for most of the Indian businesses and companies and the best opportunity to start a business. Income tax return filing in USA becomes easy this way.

Delaware is home for a larger number of resident companies. It has less than a million residents, but more than a million companies are incorporated. More than 50% of US public companies and Fortune 500 companies Incorporated in this country. Incorporation in Delaware is considered a Gold Standard and companies choose to incorporate in it for a variety of reasons, the main one of which is, apparently, the Chancery Court.

This article is general information, not legal, tax or financial advice. Rules change and every situation is different — please speak to a qualified advisor before acting on it.

Written by

CA, CPA

Naman is a cross-border finance and structuring expert, known for his ability to demystify the most complex India–US tax and regulatory matters with clarity and confidence. As a founding partner of USAIndiaCFO, he has led strategic engagements for a diverse range of clients, from unicorns and fast-growing startups to listed global corporations and family offices, guiding them through international expansion, tax optimization, and regulatory alignment. A top-ranking professional in both the Chartered Accountancy and US CPA exams, Naman combines deep technical knowledge with a human-centered leadership style. His high emotional intelligence makes him a respected and inspiring leader within the firm and beyond. Outside of work, he enjoys traveling and spending meaningful time with his family, values that continue to ground his professional journey.

All articles by Naman Gangwal

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