LLC or C-Corp
LLC (flexible, pass-through) or C-Corp (best for VC funding) — formed under state law
BUSINESS STRUCTURE GUIDE
Company Registration in the USA
Quick Reference for Your Business
Key Features · Documents · Compliance — everything you need to know about Company Registration in the USA.
01
Key Features
Delaware or Wyoming
Delaware is popular for startups, Wyoming for bootstrapped businesses; no residency requirement
Registered agent
A registered agent with a US address is mandatory
Remote incorporation
The entire process can be done remotely from India
02
Documents / Information to Provide
Passport
of each owner / director
Proof of residential address
(India)
Indian PAN
(for FEMA / LRS remittance)
Proposed company name + chosen state
For registration
Email, phone
and ownership / share structure
03
Timelines & Compliance
| What | When |
|---|---|
| Formation (e.g. Delaware) | 1–3 business days |
| EIN from the IRS | Via Form SS-4 (no SSN needed) |
| State annual report + franchise tax | State-specific (e.g. CA LLC US$800) |
| IRS returns | Form 1120 + Form 5472 (foreign-owned) |
Note: India-side: FEMA ODI route (Form ODI Part I via AD bank) or LRS (US$250,000 / year); file Form APR annually and report in Schedule FA of your ITR. The India-USA DTAA prevents double taxation.
04
Penalties
Missed state report / franchise tax
Administrative dissolution of the company.
Form 5472 not filed (foreign-owned)
Heavy IRS penalty per missed form.
India-side FEMA default
Penalty up to 3 times the amount under Section 13 of FEMA.
06
Why Business Owners Trust Filings Hub
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