US Company Incorporation from India

A US company gives Indian entrepreneurs global credibility, easier access to US payments and enterprise buyers, eligibility for US accelerators and venture capital, and simpler revenue collection in USD. The key is structuring it right from day one: the wrong setup can cost equity, taxes and time later.

Company incorporation in the USA involves selecting a business structure (LLC or C-Corp), choosing a state, filing formation documents, obtaining an EIN and opening a business bank account. With the right guidance, the entire process can be completed remotely. Who should register a company in the USA?

• Indian founders targeting US clients;
• SaaS startups;
• agencies and consultants;
• e-commerce sellers.

Tip: if external venture capital is in view within 12–18 months, start with a Delaware C-Corp. If you are testing a service or agency model, start with an LLC (Delaware or Wyoming) for simplicity and upgrade later.

• C-Corporation (Delaware C-Corp): suited to venture-scale startups, ESOPs and multiple funding rounds, with clean cap tables, standard investor documents and broad equity tooling.
• Limited Liability Company (LLC): flexible management and pass-through taxation by default; suited to services, consulting and early bootstrap phases, and can later convert to a C-Corp if needed.

We benchmark where you sell, hire or bank against each state's tax and franchise rules to keep you compliant and cost-efficient.

• Delaware: corporations file an Annual Report and pay Franchise Tax by March 1 each year; LLCs pay an annual tax by June 1, with no annual report.
• Wyoming (LLC): an Annual Report and license tax, based on assets located in Wyoming with a minimum of $60, due each anniversary month.
• Texas (doing business in Texas): franchise tax, due May 15; even below the no-tax-due threshold, most entities file a Public or Ownership Information Report.
• California (doing business in California): LLCs owe an $800 minimum franchise tax.

We assess each one and incorporate it into your filing plan.

• Employer Identification Number (EIN): foreign applicants can obtain an EIN without an SSN by filing Form SS-4, using the phone, fax or mail route for international applicants.
• Beneficial Ownership Information (BOI) under the Corporate Transparency Act: under FinCEN's interim final rule of March 2025, companies formed under US state law are exempt from BOI reporting; certain foreign entities registered to do business in a US state must still file.
• BEA Form BE-13 (foreign direct investment): if your new US business meets BEA's new foreign direct investment thresholds (a foreign person holding 10% or more of the voting interest), BE-13 may be mandatory. We assess eligibility and file the form or claim the exemption.
• IRS Form 5472: a 25% foreign-owned US corporation or a foreign-owned disregarded entity often must file Form 5472 (with a pro-forma Form 1120 for disregarded entities), even when no income tax is due.
• ITIN (Form W-7): an ITIN is for individuals who must file US taxes but are not eligible for an SSN. You do not need an ITIN to form the company itself; owners without an SSN typically need one when a personal US tax filing obligation arises, such as on pass-through income or treaty claims. We obtain ITINs through approved channels (mail or CAA).

Traditional banks often require in-person visits or an SSN, but a growing set of banking-as-a-service providers and fintech partners support remote onboarding for foreign-owned entities, subject to KYC and risk checks. Requirements evolve, so we pre-check eligibility, prepare your KYC pack (EIN and company documents) and guide you to current options that accept non-resident founders, so you can open a US checking account remotely.

Investing in your US entity from India must respect FEMA — the Overseas Investment Rules, Regulations and Directions, 2022 — and, for individuals, the Liberalised Remittance Scheme (LRS) limit of USD 250,000 per financial year, which is subject to policy changes. We coordinate with your AD bank for the documentation.

We offer packages with optional add-ons for banking, BEA and Form 5472 filings, ITIN, payroll and annual compliance. What you receive:

• state formation documents;
• Bylaws or Operating Agreement, and initial actions;
• EIN and IRS confirmations;
• a BOI / CTA assessment memo reflecting the 2025 rule change;
• BE-13 filing or exemption confirmation (if in scope);
• a Form 5472 calendar and templates (if in scope);
• a bank KYC dossier (company documents and ownership proofs);
• state franchise and sales tax registration confirmations (as needed).