Free tool: Delaware franchise tax calculator — Both methods side by side — see why the Assumed Par Value Capital method usually wins.
Why Indian founders incorporate in the US
- US investors and accelerators — many invest only in a Delaware C-Corp on standard documents.
- US customers — enterprise buyers often prefer contracting with a US entity and paying a US bank account.
- Payments and payouts — US payment processors, marketplaces and app stores are simpler with a US company.
- Hiring and equity — US-style stock options for US team members.
The part most founders miss: if you live in India, owning a US company is an overseas investment under FEMA. It has to be routed and reported correctly through your Indian bank, and it changes what you disclose in your Indian tax return. See FEMA, ODI & tax rules when Indians own a US company.
What’s included
US side
- Entity and state choice — C-Corp vs LLC, Delaware vs Wyoming vs your operating state. Compare C-Corp and LLC.
- Formation — Certificate of Incorporation / Formation, registered agent, bylaws or operating agreement, founder share issuance and board consents.
- EIN — IRS employer identification number, including for founders without an SSN or ITIN.
- Bank account support — document pack and guidance for opening a US business account remotely.
- Tax setup — elections, bookkeeping structure and the federal filings your entity type needs, including Form 5472 for foreign-owned LLCs.
- Annual compliance — Delaware annual report and franchise tax, federal returns and state registrations where you have operations.
India side
- ODI structuring — whether founders invest personally under LRS or through an Indian company, within the Overseas Investment Rules, 2022.
- Form FC and bank documentation — reporting the investment through your AD bank, share-certificate submission and the annual APR.
- Income-tax reporting — Schedule FA disclosure, foreign tax credit and TCS on remittances.
- Transfer pricing — if an Indian company provides services to (or owns) the US entity.
- Parent–subsidiary set-up — for existing Indian companies, see US Delaware holdco structuring.
How it works
01
Structure
Entity, state, shareholding and the India-side route agreed before anything is filed.
02
Form & register
US formation, EIN and bank documents; Indian ODI reporting as funds are remitted.
03
Stay compliant
A single compliance calendar across Delaware, the IRS and India — tracked and filed.
Cost of registering a US company from India
| Item | Who sets it | Amount / note |
|---|---|---|
| State filing fee | The state | Wyoming LLC: $100. Delaware revised many filing fees from 1 August 2026 — check the current schedule |
| Registered agent | Private provider | Annual fee — compare renewal prices (how to choose) |
| EIN | IRS | Free |
| Delaware annual costs | Delaware | Corporations: $50 report + franchise tax (minimum $175 or $400 by method); LLCs: $400 a year from the 2026 tax year (first due 1 June 2027) |
| India side | Your bank / tax law | ODI reporting through your bank; 20% TCS on remittances above ₹10 lakh a year (creditable) |
Full breakdown: what a US company really costs from India.
Documents required
- Passport of each founder or member, and proof of address in India.
- PAN — needed for the overseas investment remittance from India.
- Proposed company name, business activity, shareholding and directors/managers.
- For the bank account: identity verification and a description of the business and expected transactions.
How long it takes
- Formation — state filing can be completed within days.
- EIN — founders without an SSN apply by phone, fax or mail, which takes longer than the online route. See EIN without SSN.
- Bank account — once the EIN is issued. See US bank account from India.
- India-side ODI — remit and report through your bank; then the Annual Performance Report every 31 December.
Year-one compliance calendar
| What | Who | When |
|---|---|---|
| Delaware annual report + franchise tax | Delaware corporations | 1 March |
| Delaware annual LLC tax ($400 for the 2026 tax year onwards, first payable by 1 June 2027) | Delaware LLCs | 1 June |
| Form 1120 federal return | C-Corps (calendar year) | 15 April (extendable with Form 7004) |
| Pro forma Form 1120 + Form 5472 | Foreign-owned single-member LLCs | 15 April (extendable with Form 7004) |
| Form 1099-NEC | If you paid US contractors | 31 January |
| Annual Performance Report (APR) | Indian resident / entity with ODI | 31 December, every year |
| Schedule FA (foreign assets) in ITR | Indian resident shareholders | With the Indian income-tax return |
Full month-by-month version: US company compliance calendar.
Missing these is where formation “savings” disappear: the Form 5472 penalty alone starts at $25,000.
Why Durgesh
Durgesh Chavda is a Chartered Accountant and Managing Partner at Finvy, working on cross-border structures across the US (Delaware), Singapore, DIFC and Mauritius. As Virtual CFO at Stimuler he closed a USD 3.75M Pre-Series A and handled the FEMA filings around it — so the US entity is set up with your next round, and India’s regulators, in mind.
USD 3.75MPre-Series A led and closed end-to-end for an AI EdTech startup
5+ yearsacross audit, tax, FEMA and startup finance
₹5,000 Cr+PSU bank audit portfolio handled early in career
Frequently asked questions
Can an Indian resident register a company in the USA?
Yes. Non-US residents can form a US corporation or LLC in any state. If you live in India, investing in that company is an overseas investment under FEMA and must be made and reported through your Indian bank under the Overseas Investment Rules, 2022.
Which is better for Indian founders — Delaware C-Corp or LLC?
If you plan to raise venture capital or issue stock options, a Delaware C-Corp is usually the right choice. LLCs can suit simpler businesses, but create extra US filings for foreign owners and can be treated differently for Indian tax purposes.
Do I need to visit the US to incorporate?
No. Formation, EIN and in many cases bank account opening can be completed remotely.
How do I get an EIN without an SSN or ITIN?
Foreign founders without an SSN or ITIN apply for an EIN using IRS Form SS-4 — by phone on the IRS international line, by fax or by mail — rather than the online application.
Do US companies still need to file a BOI report with FinCEN?
No. Under FinCEN's final rule effective August 2026, entities formed in the United States are exempt from beneficial ownership (BOI) reporting. Only foreign companies registered to do business in a US state still report.
What ongoing compliance does a Delaware company have?
Delaware corporations file an annual report and pay franchise tax by 1 March; Delaware LLCs pay a flat annual tax by 1 June — $400 for the 2026 tax year onwards (first payable by 1 June 2027), up from $300 under Delaware HB 400. Federal returns (Form 1120, or pro forma 1120 with Form 5472 for foreign-owned LLCs) are generally due 15 April.
How much does it cost to register a company in the USA from India?
The state filing fee (for example $100 for a Wyoming LLC; Delaware revised its fees from 1 August 2026), a registered agent's annual fee and professional fees. The EIN is free. Ongoing costs include Delaware franchise tax or LLC tax, federal returns and India-side ODI reporting.
How long does it take to register a US company from India?
State formation can be done within days. The EIN takes longer for founders without an SSN because it is applied for by phone, fax or mail, and the bank account follows once the EIN is issued.
Can I open a US bank account for my company from India?
Usually yes — many US banks and fintech platforms open business accounts remotely once the company has its formation documents and EIN.
Do I need RBI approval to own a US company?
Not usually. Most investments by Indian residents into a US operating company fall under the automatic route of the Overseas Investment Rules, 2022 — but they must be made and reported through your authorised dealer bank (Form FC), with an Annual Performance Report every year.