Month-by-month (calendar-year companies)
Dates assume a US company with a 31 December year-end and owners resident in India. When a US date falls on a weekend or holiday, it moves to the next business day.
| When | What | Who | Guide |
|---|---|---|---|
| 31 Jan | Form 1099-NEC to US contractors and the IRS | US company that paid US contractors | — |
| 1 Mar | Delaware annual report ($50) + franchise tax | Delaware corporations | Franchise tax |
| 15 Mar | Forms 1042 and 1042-S for US-source payments to foreign persons (e.g. dividends or royalties to an Indian parent) | US company paying foreign persons | India–US DTAA |
| 15 Apr | Form 1120 (C-Corp), with Form 5472 if 25%+ foreign-owned — or Form 7004 to extend | C-Corps | Form 5472 |
| 15 Apr | Pro forma Form 1120 + Form 5472 — or Form 7004 to extend | Foreign-owned single-member LLCs | Form 5472 |
| 15 Apr, 15 Jun, 15 Sep, 15 Dec | Quarterly federal estimated tax payments | C-Corps expecting to owe tax | — |
| 1 Jun | Delaware annual LLC tax ($400 for the 2026 tax year onwards, first payable by 1 June 2027) | Delaware LLCs | Delaware vs Wyoming |
| Anniversary month | Wyoming annual report ($60 minimum) | Wyoming LLCs | Delaware vs Wyoming |
| 15 Jul | Annual FLA return to the RBI | Indian companies with overseas investment (or FDI) | US subsidiary |
| With your ITR | Schedule FA disclosure of the US shares; foreign tax credit statement (Form 67 up to FY 2025-26, Form 44 thereafter) | India-resident shareholders | ODI & tax rules |
| 15 Oct | Extended due date for Form 1120 / pro forma 1120 + 5472 (if Form 7004 was filed) | C-Corps and foreign-owned LLCs | — |
| 31 Dec | Annual Performance Report (APR) for each overseas entity | Indian residents / companies with ODI | ODI rules |
| Half-yearly | Form OPI for ESOPs issued by the US parent to India staff (within 60 days of Sep / Mar) | Indian subsidiary | US parent ESOPs |
| Event-driven | Form FC (new ODI), disinvestment reporting within 30 days, 83(b) within 30 days of founder stock issue | Founders / Indian companies | 83(b) · Closing |
| Ongoing | Keep a registered agent; state sales-tax returns where you have nexus | All US entities | Registered agent · Sales tax |
Which rows apply to you
- Delaware C-Corp owned by founders in India: 1 March, 15 April (1120 + 5472), estimated tax if profitable, APR on 31 December, Schedule FA in your ITR.
- Single-member LLC owned from India: 1 June (Delaware) or anniversary month (Wyoming), 15 April pro forma 1120 + 5472, APR, Schedule FA.
- US subsidiary of an Indian company: the C-Corp rows, plus 15 March if paying the parent, FLA on 15 July, APR on 31 December and transfer-pricing documentation in India.
- US company not yet formed? Start with how to register a US company from India.
Extensions
Form 7004 gives an automatic six-month extension to file Form 1120 (and the pro forma 1120 with Form 5472) — to 15 October for calendar-year companies. It does not extend the time to pay any tax due. Delaware franchise tax and the India-side APR and FLA deadlines have no equivalent automatic extension.
The costly ones to miss
- Form 5472: $25,000 per form, plus more if it continues after IRS notice.
- Delaware: $200 late penalty plus 1.5% monthly interest — and loss of good standing.
- APR / ODI reporting: delays must be regularised, and further overseas investment is blocked until they are.
- Schedule FA: non-disclosure of foreign assets can attract heavy penalties under the Black Money Act.
Frequently asked questions
When is the Delaware franchise tax due?
Corporations file the annual report and pay franchise tax by 1 March; LLCs pay the flat annual tax ($400 for the 2026 tax year onwards, first payable by 1 June 2027) by 1 June.
When is Form 5472 due for a foreign-owned US company?
With Form 1120 or the pro forma 1120 by 15 April for calendar-year entities, extendable to 15 October with Form 7004.
When is the APR due for an Indian owner of a US company?
The Annual Performance Report for each overseas entity is due by 31 December every year.
Does Form 7004 extend the time to pay US tax?
No. It extends the time to file the return by six months, but tax is still due by the original deadline.
Please note: this guide is general information based on the rules as they stood on the review date above. Regulations and RBI/CBDT procedures change often — please get advice on your specific facts before acting.