USA Company Registration from India: LLC & C-Corp Guide (2026)
Setting up a US company from India is now a fully remote process - you don't need a US visa, address, or Social Security Number to own an LLC or C-Corp. This guide explains how Indian founders register a US entity, choose between an LLC and a C-Corp, get an EIN, and stay compliant with both US and Indian law, plus KanoonPe's transparent flat pricing.
Quick summary
- What it is: Forming a US legal entity (LLC or C-Corp) that Indian residents can own 100%, remotely.
- Governed by: State incorporation statutes (Delaware, Wyoming, etc.) plus US federal IRS rules for EIN and tax filing.
- Best for: SaaS founders selling to US customers, freelancers invoicing in USD, startups raising US VC money.
- Key requirement: A US registered agent in the state of formation; an EIN from the IRS to open a bank account and file taxes.
- KanoonPe price: Flat, all-inclusive quote on a free callback · Timeline: typically 10–20 working days including EIN.
Quick facts
| Detail | Information |
|---|---|
| Governing law | State corporate statutes (e.g., Delaware General Corporation Law, Wyoming LLC Act) + IRS rules |
| Registering authority | Secretary of State (chosen state) + IRS (for EIN) |
| Common structures | LLC (pass-through) or C-Corp (Delaware preferred for VC funding) |
| Popular states | Delaware, Wyoming, also Nevada/Florida for specific cases |
| Mandatory requirement | Registered agent with a physical address in the formation state |
| Timeline | 10–20 working days (entity + EIN + bank setup) |
| KanoonPe price | Flat, all-inclusive quote - request a free callback |
| Ongoing India angle | Indian resident owners must comply with FEMA's Overseas Investment (OI) rules |
What is USA company registration for Indian founders?
USA company registration is the process of incorporating a legal business entity - typically a Limited Liability Company (LLC) or a C-Corporation - in a US state, which Indian citizens and residents can own and manage without living in the US. The entity gets its own legal identity, can open a US bank account, invoice US clients in dollars, and access US payment processors like Stripe and PayPal.
Most Indian founders choose an LLC for simplicity and pass-through taxation, or a Delaware C-Corp when they plan to raise venture capital, since almost all US VCs and accelerators (like Y Combinator) require a Delaware C-Corp structure.
Owning a US company does not exempt an Indian resident from Indian law. Under the Foreign Exchange Management Act (FEMA), 1999, resident individuals investing in a foreign entity must comply with the Overseas Investment (OI) Rules, 2022, typically routed through the Liberalised Remittance Scheme (LRS) with RBI reporting.
LLC vs C-Corp: which entity should you register?
| Factor | LLC (Limited Liability Company) | C-Corporation |
|---|---|---|
| Best for | Freelancers, agencies, small SaaS, service exports | Startups raising VC funding, issuing ESOPs |
| Taxation | Pass-through (no entity-level US federal tax by default) | Double taxation - corporate tax + tax on dividends |
| Ownership by non-residents | Fully allowed, no restrictions | Fully allowed, no restrictions |
| Fundraising from VCs | Rare - VCs avoid LLCs | Standard structure VCs expect |
| Compliance complexity | Lower - annual report + franchise tax | Higher - board minutes, stock ledger, franchise tax |
| Popular state | Wyoming (low fees) or Delaware | Delaware (near-universal for VC deals) |
Why Indian founders choose the USA
- Access to US customers and payments - invoice in USD, accept cards via Stripe, and build trust with a US business address.
- VC and accelerator readiness - Delaware C-Corps are the default structure required by YC, most US VCs, and SAFE note investors.
- Credibility for global SaaS - a US entity signals stability to enterprise buyers who prefer contracting with a US company.
- No physical presence needed - the entire process, from incorporation to EIN, can be done remotely from India.
- Predictable, founder-friendly law - Delaware's well-established corporate case law protects minority shareholders and standardises cap tables.
Who should register a US company?
- SaaS and product founders selling primarily to US or global customers.
- Freelancers, consultants, and agencies invoicing US clients who want a professional US entity.
- Startups actively fundraising from US-based VCs, angels, or accelerators.
- E-commerce sellers using US marketplaces (Amazon US, Shopify) needing a US business entity and bank account.
If your business is India-focused, consider an Indian Subsidiary Registration or Private Limited Company Registration instead - a US entity adds compliance overhead you may not need yet.
Documents required
For each director/member (Indian resident)
- PAN card
- Passport copy (mandatory - used as primary ID for US filings)
- Address proof (utility bill or bank statement, under 2 months old)
- Passport-size photograph
Business details
- Proposed company name (with 2–3 alternatives)
- Business activity description
- Registered agent details (KanoonPe arranges this in the chosen state)
- US mailing/virtual address (optional but recommended for banking)
Ready to get started? Talk to a verified expert → - get a transparent, all-inclusive quote for your US company registration within one business hour.
USA company registration process (step by step)
- Choose your state and entity type. Wyoming LLC for low-cost operations; Delaware C-Corp if you plan to raise VC funding.
- Name check and reservation. We verify name availability with the Secretary of State's business registry.
- Appoint a registered agent. Every US entity needs a registered agent with a physical address in the formation state - KanoonPe provides this.
- File formation documents. Articles of Organization (LLC) or Certificate of Incorporation (C-Corp) filed with the Secretary of State.
- Draft operating agreement / bylaws. Internal governance document - not always state-mandated but essential for banking and investor due diligence.
- Apply for an EIN (Employer Identification Number). Filed with the IRS via Form SS-4; required for tax filing and opening a US bank account.
- Open a US business bank account. Using the EIN and formation documents, typically through a fintech partner (Mercury, Wise Business) that accepts non-resident founders remotely.
- File FEMA/RBI compliance for Indian ownership. Resident Indian owners report the overseas investment through the LRS route and Annual Performance Report (APR) where applicable - see FDI / FEMA Compliance.
USA company registration cost
| Cost component | What drives it |
|---|---|
| State filing fee | Varies by state (Delaware, Wyoming) - billed at actuals |
| Registered agent (annual) | Mandatory recurring fee, billed at actuals |
| EIN application | Included in professional service |
| Franchise tax / annual report | Recurring annual state fee once the company is live |
KanoonPe offers a flat, all-inclusive quote covering professional fees for entity formation, registered agent setup (first year), operating agreement drafting, and EIN application. US state government fees and recurring registered-agent/franchise-tax charges are billed at actuals and shown upfront - no hidden mark-ups.
Timeline
| Stage | Typical time |
|---|---|
| Name check + document collection | 1–2 working days |
| State filing (Articles/Certificate) | 2–7 working days (varies by state) |
| EIN application with IRS | 5–10 working days (non-resident processing) |
| Bank account setup | 2–5 working days |
| Total | 10–20 working days |
Delaware processes filings faster with expedited fees; Wyoming is typically cheaper but takes a similar overall time once EIN and banking are included.
Tax and ongoing compliance
- US side: File annual reports and pay franchise tax to the state of formation. LLCs owned by non-residents typically file Form 5472 + Form 1120 (pro forma) annually even with zero US-sourced income - a commonly missed requirement with steep penalties for late filing.
- India side: Indian resident owners must report the overseas entity under FEMA's Overseas Investment Rules, file the Annual Performance Report (APR) with the RBI via the FIRMS portal, and disclose foreign assets in their Indian income tax return (Schedule FA).
- Double taxation relief: The India-US Double Taxation Avoidance Agreement (DTAA) helps avoid being taxed twice on the same income - consult a CA for treaty benefits.
- FLA Return: If the Indian resident holds shares in the foreign entity, an annual FLA Return may be required with the RBI by 15 July each year.
USA vs UK vs Singapore for Indian founders
| Factor | USA | UK | Singapore |
|---|---|---|---|
| Best for | US-facing SaaS, VC fundraising | UK/EU services, fast setup | Asia-Pacific holding companies |
| Setup speed | 10–20 days | 3–7 days | 7–14 days |
| Resident director required | No | No | Yes (nominee available) |
| VC fundraising fit | Excellent (Delaware standard) | Good | Good |
| Corporate tax rate | 21% federal + state | 25% (main rate) | 17% (with exemptions) |
Why choose KanoonPe
- Transparent flat pricing - one all-inclusive number for professional fees; US government charges shown separately at actuals.
- Filed-on-time or refund - every order carries a written SLA on formation and EIN filing timelines.
- One accountable case owner - a single expert manages your US entity plus the linked FEMA/RBI compliance in India.
- Live status tracking - track state filing, EIN issuance, and bank account setup from one dashboard.
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