Form a US company with Legal Startup. A dedicated corporate expert helps you choose between an LLC and a C corporation, pick the right state, arrange the registered agent and EIN, and explains the US tax filings and Indian FEMA points you need to plan for.
Free call & custom quote · Professional fee + state filing fee
USA company registration means forming a company, usually an LLC or a C corporation, by filing with a US state. There is no single federal registration. Indian citizens can generally own 100% of a US company without living in the US, but they need a US registered agent and an EIN from the IRS.
Last updated: October 2026. US federal and state rules, fees and Indian remittance rules can change, so we confirm the current position before filing.
In the United States, companies are created under state law. You file formation documents, such as a Certificate of Incorporation for a corporation or Articles or a Certificate of Organization for an LLC, with the state authority. After approval, the company exists as a separate legal entity and can apply for a federal tax identification number, the EIN.
Indian founders form US companies to sell to American customers, accept US payments, raise investment, run software and e-commerce businesses and set up a US subsidiary of an Indian company. The best structure depends on the business model, investor plans, tax position and where the owners live.
For official information, visit the U.S. Small Business Administration (sba.gov). For EIN and federal tax rules, see the Internal Revenue Service (irs.gov).
Each state sets its own rules. These are the common points to plan for.
How the company is structured.
Where and how it is registered.
Local presence on record.
Who owns and runs it.
Not sure whether an LLC or a C corporation suits your plan? Tell us about your business and our experts will suggest a structure free of charge.
Why Indian founders set up a company in the United States.
An LLC or corporation separates the owners' personal assets from the company's debts, subject to the law.
Sell, invoice and collect payments in dollars with a US-registered business.
A Delaware C corporation is the common choice for startups raising venture capital.
Non-US residents can generally own and direct an LLC or corporation.
With an EIN and formation documents, you can apply for US accounts and payment processors.
Most states accept online filings, so you can form without visiting the US.
From choosing the state to getting your EIN and bank account.
Timelines depend on the state, expedited options and the EIN process. Not to scale.
We compare LLC and C corporation, and states, against your plan, investors and tax position.
The name must be available in the state and carry the right suffix such as LLC or Inc.
A registered agent with a physical state address receives official and legal notices for the company.
We prepare and file the Certificate of Incorporation or Articles or Certificate of Organization with the state.
Ownership, management and share issue are documented. A corporation also appoints directors and officers.
Apply to the IRS for the EIN, then use it with the formation papers to open a US business account.
Keep these ready to avoid delays. Our expert will confirm the exact list for your state.
The total cost depends on the state, the entity type and the support you need. Look at recurring annual costs too, not only the first filing. It generally has these parts:
Charged by the state when the formation documents are filed. Amounts differ by state and entity, and may change, so we confirm them before filing.
The registered agent charges a yearly fee, and the state may charge an annual report fee or franchise tax.
Our fee depends on the case and the filings required. Call free for a custom quote before you pay anything.
EIN support, bank guidance, tax filings and bookkeeping are quoted separately. We share a clear, itemised quote before you begin. Get your free quote →
Choose the situation that matches your plan, or call free for a custom quote.
Founders forming a new LLC or corporation.
Formation plus EIN and banking guidance.
US subsidiary, annual filings and Indian-side reporting.
Our professional fee is quoted after a free call. State fees and registered agent fees are separate. Acceptance by US authorities and banks is never guaranteed. Not sure which option fits? Ask for a free consultation.
A quick view of common US structures for Indian founders. Tax outcomes depend on your facts.
| Structure | Best for | Liability | Federal tax basis | Non-US owners |
|---|---|---|---|---|
| LLC | Small businesses, consultants, online sellers | Limited for members | Pass-through by default; foreign-owned rules apply | Allowed |
| C corporation | Startups raising equity investment | Limited for shareholders | Taxed at corporate level; dividends taxed separately | Allowed |
| S corporation | US-resident small business owners | Limited for shareholders | Pass-through | Not allowed for non-resident individuals |
| Branch of Indian company | Indian companies operating directly in the US | Parent company remains liable | Depends on US activity | Indian parent registers in the state |
Choosing the structure with the full picture avoids costly changes later.
Formation is the start. A US company has continuing state, federal and Indian reporting duties.
Obtain the EIN, then complete the bank's checks and open an account in the company's name.
Keep a registered agent in the state so official notices reach the company.
File the state annual report and pay any franchise tax or annual fee by the due date.
File the required IRS returns. Foreign-owned LLCs generally file Form 5472 even with no income.
Follow FEMA reporting where applicable and disclose foreign assets and income in your Indian returns.
Quick answers on USA company registration for Indian founders.
USA company registration is the process of forming a business entity, usually an LLC or a C corporation, by filing with a US state authority such as the Secretary of State. There is no single federal registration. The company then obtains a federal tax number, called an EIN, from the IRS.
Yes. US states generally do not require owners or directors of an LLC or corporation to be US citizens or residents. The company needs a registered agent with a physical address in the state of formation. Owning a US company does not by itself give any right to live or work in the US.
There is no single best state. Delaware is popular with startups planning to raise venture capital, while states such as Wyoming and others may suit smaller businesses. If you operate from a particular state, you may also need to register there. We compare states against your plan, fees and tax position.
A C corporation is usually preferred if you plan to raise equity investment from US investors. An LLC is simpler and more flexible for small businesses, consultants and online sellers. The tax outcome differs for non-US owners, so we explain both before you decide.
No. An S corporation can have only US citizens or US resident individuals and certain eligible entities as shareholders, so non-resident Indian founders cannot use it. Most foreign founders choose an LLC or a C corporation.
Usually a passport copy and address proof for each owner, preferred company names, the chosen state and entity type, ownership percentages and a registered agent. A US mailing address is helpful. Corporate owners provide incorporation documents and a resolution. Some businesses need state licences.
An EIN is the employer identification number issued by the IRS to identify a business for tax and banking. Foreign founders without a Social Security Number can apply using Form SS-4 through the IRS channels open to them. The process and timing differ from the online route for US persons.
The cost includes the state filing fee, an annual registered agent fee, any state annual or franchise tax and our professional fee. State fees differ by state and entity type and can change, so we confirm current amounts and share an itemised quote after a free call.
State approval can take from a day to a few weeks depending on the state and any expedited option. The EIN for a foreign-owned company may take longer. Timelines also depend on documents and name availability.
Often yes, but it depends on the bank or provider. Many require the EIN, formation documents, an operating agreement and identity verification, and some are more open to non-resident owners than others. Approval is at their discretion, so we prepare your documents before you apply.
Typical duties include a state annual report and any franchise tax, keeping a registered agent, and filing federal tax returns. A foreign-owned single-member LLC generally must file Form 5472 with the IRS even with no income, and penalties for missing it can be heavy. Sales tax and payroll may also apply.
An Indian resident who invests in a foreign company must follow FEMA and RBI rules on overseas investment and remittances, including annual reporting where applicable, and must report foreign assets and income in Indian tax returns. Rules change, so we explain the current position and recommend taking tax advice before you remit funds.
Planning a US company? Speak to our corporate expert today – the consultation and the quote are free.
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