A Wyoming LLC may fit
Selling software, services or content to US clients
Useful when clients or platforms want a US contracting party and dollar payouts. Set that against the yearly reporting it adds in India.
From India · South Asia
Start a US company from India
For founders in India who sell to US customers, need a US Stripe account or plan to raise from US investors. Formation and the EIN happen remotely, without an SSN. Owning the company also brings RBI and Indian tax reporting, which this guide sets out in order.
Launch + Wyoming filing; the tax return is separate.
At a glance
India-based founders can apply to Mercury for an eligible US company. Mercury decides each application.
The banks, in detailYes, you can form a US LLC while living in India, without an SSN or a visit to the US; owning it is generally overseas direct investment under the RBI's rules, run through one AD bank you designate.
Checked by Saais Patel, compliance reviewer.
| Step | Who issues it | Fee | Typical time |
|---|---|---|---|
| Form the Wyoming LLC | Who issues itThe Wyoming Secretary of State | Fee$102.40 state fee, passed on at cost | Typical timeSame day, once a complete filing is accepted. Our order checks and filing batch come first. |
| Get the company a Unique Identification Number (UIN) | Who issues itThe RBI, through your AD bank, after you give it Form FC | FeeAsk your AD bank | Typical timeSet by your AD bank. It's needed before you send money or acquire the company's equity, whichever comes first. |
| Get the EIN without an SSN | Who issues itThe IRS, from Form SS-4 | FeeNo IRS fee. Launch and Operate include the application. | Typical timeThe IRS says that under its Fax-TIN program an EIN by fax generally comes within 4 business days. For a company owned from abroad, our estimate is six to eight weeks. |
| Open a bank account | Who issues itMercury, which India-based founders can apply to for an eligible US company | FeeSet by the bank | Typical timeMercury's review, and it decides each application |
| Apply for a US Stripe account | Who issues itStripe, which is invite-only for new businesses registered in India and reviews a US LLC like any US business | FeeSet by Stripe | Typical timeStripe's review, and it can decline |
- Launch is $249 for the first year, so with the Wyoming filing it comes to $351.40. Then it's $309 a year, the $249 renewal plus Wyoming's $60 minimum license tax. Your CA's fees, any audit for the APR, US return preparation and bank charges in India are separate.
- Every year by 31 December, you file an Annual Performance Report through your AD bank. Where you control the company, it's based on audited financial statements.
Watch
The first year from India, in 11 minutes
Follow Aarav, an example founder in Pune, through his first year: the RBI route through his bank, the TCS on funding the company, the EIN, the bank and Stripe, and what both countries want every year.
Before you form
Choose the structure for what the business does.
BaseAcross's Wyoming LLC and Delaware C-Corp options for founders in India
Wyoming LLC
Owner-run business selling to US customers; check the RBI conditions first.
- State filing
- $102.40
- Yearly state charge
- From $60
Delaware C-Corp
US investment and a share structure; corporation taxes and any flip need advice.
- State filing
- $110
- Yearly state charge
- $450 for the model shown
Both charges are the state's, before our plan, optional services and your advisers' fees. Wyoming sets a minimum yearly charge, and Delaware's franchise tax depends on how it's calculated. Staff, stock or premises in another state can bring obligations there. An S-corporation isn't an option, because nonresident aliens can't hold its shares.
Prepare the information
Different documents are needed at different stages.
You provide
Before state filing
- Your proposed company name, business activity and chosen structure.
- Owners' names exactly as on their passports, ownership shares, management and home addresses.
- Any Indian company you already run, and any US operations or investment plans that affect the structure.
- The approved company name and formation details.
- The responsible party. Without an SSN or ITIN, the application goes on Form SS-4.
- Accurate mailing and principal business addresses, and your signed authorization where required.
You confirm; we prepare
After formation, for the EIN
- A passport for each owner the provider asks about.
- Formation documents, the EIN confirmation and the operating agreement.
- A real business address, your website, current or planned US operations and the source of funds.
The provider verifies
For bank and payment applications
- Your PAN, which every LRS remittance needs.
- Form FC and the supporting documents your bank asks for, before money or equity moves.
- Within six months of investing, evidence of your interest in the company.
You and your bank
For your AD bank in India
You don't need an Indian company or a GST registration to form a US LLC. Your PAN matters on the Indian side, for LRS remittances and your tax return. The EIN is the US company's tax ID, and it doesn't replace your PAN. Send identity documents through a secure request, and only the ones asked for.
How it works
Seven steps from India to a maintained US company.
The state approves the company, the IRS issues the EIN and each provider approves its own account. In India, your AD bank and CA handle the RBI reporting; we don't file it.
You and your CA
Check the Indian side first
Confirm the company meets the RBI's conditions for individuals, choose your AD bank, and agree how you'll fund the company and record its formation costs.
You leave this stage with: A structure, a bank and a funding plan that fit India's rules.
01 / 07
You choose; BaseAcross checks
Choose the name and registered agent
We check the proposed name and provide the registered agent in the formation state. The registered office is for legal papers, not your operating address.
You leave this stage with: Confirmed filing details and a registered agent.
02 / 07
BaseAcross files; the state approves
File the company with the state
We submit the formation filing and send you the state's documents once it's approved. The company exists from that approval.
You leave this stage with: State-approved formation documents.
03 / 07
BaseAcross
Prepare the operating documents
We draft the LLC Operating Agreement or corporate bylaws. Check names and ownership against your passport and Form FC before you sign.
You leave this stage with: Operating documents for your records, your AD bank and US providers.
04 / 07
BaseAcross prepares; the IRS issues
Apply for the EIN
The EIN is a separate application after formation. Without an SSN or ITIN, it goes on Form SS-4 rather than the IRS's online tool.
You leave this stage with: The IRS's EIN confirmation once it's issued.
05 / 07
You apply; the providers review
Apply for banking and payments
Use the same names, addresses and business description everywhere. We guide the applications, and each bank and processor decides for itself.
You leave this stage with: An approved account, if the provider accepts the application.
06 / 07
You, your US preparer and your CA
Keep records and file in both countries
Record every transfer between you and the company. Put the US return, the APR and Schedule FA on one calendar, each with a named owner.
You leave this stage with: A yearly calendar with someone responsible for each filing.
07 / 07
Plan the wait
Formation, the EIN and banking have separate timelines.
Published service estimates and prerequisites for a Wyoming company from India
- Wyoming formationSame day
- Ordinary EINsix to eight weeks
- Expedited EINtwo to three weeks
- RBI UIN for the companySet by your AD bank
- Bank and payment accountsProvider review
These are service estimates, not promised completion dates. The IRS sets its own processing times, and your AD bank sets its own for the UIN. Names or addresses that differ between documents slow every stage.
What it costs
The same price from India as from anywhere.
Charged in US dollars, with the Wyoming state fee passed on at cost. Where you live changes which bank we introduce you to, not the price.
The full cost from India
What a Wyoming LLC costs from India, line by line, and what to budget for outside our plans.
Included in both plans
- State formation filing
- Registered agent and registered office
- EIN application without an SSN
- LLC Operating Agreement or corporate bylaws
- Bank and payment application guidance
- Filing calendar and reminders
The registered agent renews with the plan. Operate adds its published business tools and bookkeeping. Neither plan files your tax returns in either country.
What a Wyoming LLC costs from India, on each plan
Launch
To start, before optional extras
$351.40
- Our feeFor the first year; the plan renews each year
- $249
- Wyoming filing feePaid to the state, passed through at cost
- $102.40
- Recurring subtotal, fromPlan renewal + minimum state charge, before extras
- $309
OperateBilled yearly
To start, before optional extras
$2,490.40
- Our feeFor the first year; the plan renews each year
- $2,388
- Wyoming filing feePaid to the state, passed through at cost
- $102.40
- Recurring subtotal, fromPlan renewal + minimum state charge, before extras
- $2,448
Optional extras are priced before you order, such as filing ahead of our next batch for $39. See full pricing.
Budget for the work outside that subtotal
Managed annual state compliance
$149 service fee / year
Optional on both plans. The state's charge is separate, and a reminder alone doesn't file the report.
State filing serviceUS federal return preparation
Arrange separately
You or your accountant handle Form 5472 and any other US returns on Launch and Operate. Ask the preparer for their scope and fee.
Federal filing responsibilitiesRBI reporting and the APR audit
Quote from your CA
Form FC goes through your AD bank. Each year's APR needs a CA's certificate and, where you control the company, audited accounts. Ask for the fee before you form.
Indian tax return, TCS and transfer costs
Confirm with your CA and bank
Schedule FA, foreign income, TCS on larger remittances, conversion and bank charges depend on your circumstances.
Optional tools after free periods
Published in full pricing
Check domain renewals and when Launch's email, phone and site trials end. Operate includes its stated tools while subscribed.
Plans, trials and add-onsWhat the totals assume
The $309 Launch renewal example is the $249 plan renewal plus Wyoming's $60 minimum license tax. Wyoming charges the greater of that minimum or 0.0002 of the company's assets located and employed in the state, and paying online can add a processor fee. The Operate example uses the same minimum.
Prices are in US dollars. Paying from India, check the rupee amount your bank or card charges, its conversion rate and fees. Ask your bank whether the payment is reported under LRS, because LRS payments count toward the ₹10 lakh TCS threshold.
Get started from India
Use the first-year cost calculator to compare plans and optional tools. Then add your CA's fees, the APR audit and US return preparation to that budget.
Launch
To start
$351.40
$249 our fee + $102.40 Wyoming fee
Renews from $309 a year
OperateBilled yearly
To start
$2,490.40
$2,388 our fee + $102.40 Wyoming fee
Renews from $2,448 a year
Included in both plans
- State formation filing
- Registered agent and registered office
- EIN application without an SSN
- LLC Operating Agreement or corporate bylaws
- Bank and payment application guidance
- Filing calendar and reminders
What changes because you live here
The filing is the same from anywhere. Four things aren't.
Treaty status, payment availability, bank eligibility and time zones. Sources checked 13 October 2026; account approval remains with the provider.
1 of 4: The tax treaty
The tax treaty
The tax treaty: In force
The United States and India have an income tax treaty in force.
It can lower US withholding on dividends, interest and royalties paid to you, for example to 15% on most royalties instead of the standard 30%, when you claim it on Form W-8BEN. Pay for work you do in India is generally not US-source income in the first place, so the treaty matters less for a services business than for one earning royalties or investment income.
Money from India
Owning the company from India has its own order of steps.
These come from the RBI's Overseas Investment Rules and Regulations of 2022, and they run alongside the US steps below. Your designated AD bank handles most of them. They attach to owning the company's equity, not only to sending money, so read them before you order even if the company will fund itself.
Before money or equity moves
You and your AD bankYou and your AD bank
Choose one authorised dealer bank for this company and give it Form FC with the supporting documents. The bank gets the company a Unique Identification Number (UIN) from the RBI, and sends money to the company only after that.
When you send money
Your AD bankYour AD bank
The investment goes under the Liberalised Remittance Scheme, which caps all your LRS remittances at USD 250,000 in an April–March year and needs your PAN. Above ₹10 lakh of LRS remittances in a year, the bank also collects 20% TCS on the excess.
Within six months
YouYou
Give the bank evidence of your investment, meaning documents that show your interest in the company under US law. Without it, the money has to come back to India within that period.
Every year by 31 December
You, with a CAYou, with a CA
File an Annual Performance Report (APR) through the bank for each foreign company. Where you control the company, it's based on audited financial statements, and a CA certifies it. If the company's year ends on 31 December, that year's APR is due by 31 December of the next year.
Within 90 days of a payout falling due
YouYou
Money the company owes you on your investment, such as a declared distribution, has to be brought to India within ninety days of falling due.
If you sell or close it
You and your AD bankYou and your AD bank
Report the disinvestment within thirty days of receiving the proceeds.
If a filing is late
You and your AD bankYou and your AD bank
Most late RBI filings can still be made with a late submission fee, for up to three years after the due date.
Worked example
Other LRS remittances in the same financial year count toward the same ₹10 lakh, so check what else you've sent before you fund the company.
You send ₹15 lakh to fund the company, your only LRS remittance that financial year.
The first ₹10 lakh carries no TCS.
The bank collects 20% of the other ₹5 lakh, which is ₹1 lakh, on top of the ₹15 lakh.
That ₹1 lakh counts as income tax you've paid for the year.
Good to know
If you pay formation fees from India, the RBI's directions let a bank allow pre-incorporation expenses of up to USD 100,000 per foreign company, counted in your LRS limit. You can record them as investment, a receivable or an expense, so ask your CA which fits what you pay us.
Check first
An individual can't make overseas direct investment in a company engaged in financial services, meaning work that would need a financial regulator's registration in India. A fintech founder should check this before anything else.
What India expects
Owning a US company doesn't take you out of India's tax system.
India taxes its residents on worldwide income, and owning a US company adds reporting under the RBI's overseas-investment rules and the Income-tax Act. Keeping the money in a US account doesn't change that. How India taxes the company's profit depends on how it classifies the LLC, which is a question for your CA.
RBI · Overseas Investment Rules
Owning a US company is generally overseas direct investment. As an individual, you can invest only in an operating business that isn't in financial services and has no subsidiaries of its own while you control it. It counts toward the USD 250,000 you may send each April–March year under the Liberalised Remittance Scheme, and it all runs through one AD bank you designate.
Income-tax Act · TCS
Your bank collects 20% tax at source on LRS remittances above ₹10 lakh in a financial year, unless they're for education or medical treatment. The law treats it as tax you've paid, so it counts against your income tax for the year. Until then the cash is tied up, so plan for it.
Schedule FA · Black Money Act
As a resident, you list the company and its accounts in Schedule FA of your return, by calendar year, even in a year it earns nothing. Leaving them out can bring a ₹10 lakh penalty under the Black Money Act. That penalty doesn't apply where your assets abroad, other than property, total ₹20 lakh or less, but the schedule still asks for them.
Where it is run
India treats a foreign company as resident if its place of effective management is in India, meaning the place where key management and commercial decisions are, in substance, made. A company one founder runs from India should have a CA look at this early, before revenue grows.
Round-tripping
If the US company later invests back into India, for example by owning an Indian company, the RBI doesn't allow a structure with more than two layers of subsidiaries. Take advice before it does, and before any flip of an existing Indian company.
On the record
We form US companies. We aren't Indian tax advisers. These are the rules as they're generally published, they change, and how they apply to you depends on details this page can't know. Take this list to a tax adviser in India before you order, and we'll tell you what the US forms need.
After formation
Each filing needs a named owner in each country.
US information reporting
A US LLC with one foreign owner is usually a disregarded entity that files Form 5472 with a pro forma Form 1120 when it has reportable transactions with you. Money you put in or take out can count even in a year without sales. The IRS penalty for not filing starts at $25,000.
For a calendar-year company, the return is usually due 15 April, and Form 7004 requests an extension before then. A C-Corp, or an LLC with more than one owner, files different returns.
Form 5472 and the pro forma 1120State, India and ownership checks
Keep the registered agent active and track the state's yearly charge. In India, the APR goes through your AD bank by 31 December, and Schedule FA goes in your income tax return. Name who prepares each one.
US-created companies are exempt from BOI reporting under FinCEN's current rule, effective 14 August 2026. Banks and payment providers still verify who owns the company.
| Task | Who handles it | Where the responsibility ends |
|---|---|---|
| Formation and EIN application | BaseAcross prepares and submits | The state approves formation; the IRS issues the EIN. |
| Form FC, UIN and remittances | You and your AD bank | The bank reports to the RBI; we don't file RBI forms. |
| Bank and payment applications | You, with our guidance | The provider verifies the information and decides. |
| Annual state filing | You, or our optional filing service | Reminders are included; managed filing and the state charge are separate. |
| US federal returns | You and your US tax preparer | Launch and Operate remind you; they don't file the return. |
| APR, Schedule FA and Indian income tax | You and your CA | We provide the US company records they need. |
Prepare the conversation
Take these questions to your CA before you order.
Bring the owners, your residential status, the business activity, how you'll fund the company and how money will move between you. Agree who prepares each filing in India and in the US.
Download the checklist for your CA (.txt)- 01
Does the company meet the RBI's conditions for an individual's overseas direct investment, and which AD bank should handle it?
- 02
How should I record the formation fees I pay from India, given the RBI's rule on pre-incorporation expenses?
- 03
Will India tax the LLC's profit as it's earned, or only when it's distributed to me?
- 04
Could the company's place of effective management be in India, given how I run it?
- 05
If the company pays me for work I do in India, how should that be invoiced and taxed, including GST?
- 06
Who prepares the APR each year, and who audits the financial statements it's based on?
- 07
How do I report the company in Schedule FA, and claim credit for any US tax and any TCS?
Questions
Questions from India.
If yours is not here, email us at hello@baseacross.com before you order.
Can an Indian resident own a US LLC?
Yes. US law doesn't require an LLC's owners to be US citizens or residents, and formation, the EIN and the bank applications all happen remotely. In India, owning the company is generally overseas direct investment under the RBI's rules, so it runs through an AD bank you designate. Owning a US company doesn't give you a US visa.
Do I need RBI approval to own a US company?
You don't apply to the RBI yourself. You give your AD bank Form FC, and the bank gets the company a Unique Identification Number (UIN) from the RBI before any money moves. As an individual, you can invest only in an operating business outside financial services that has no subsidiaries of its own while you control it.
Does ODI apply if I don't send money from India?
The rules turn on owning the company, not only on sending money. Your AD bank must get the UIN before the remittance or your acquisition of the company's equity, whichever comes first. Funding the company from its own revenue avoids a remittance and the TCS on it, but ask your bank and CA how the reporting applies from day one.
How much can I send from India, and what is TCS?
All your LRS remittances share a ceiling of USD 250,000 per April–March year, and each needs your PAN. Above ₹10 lakh in a year, the bank collects 20% TCS on the excess, unless the money is for education or medical treatment. Send ₹15 lakh and nothing else that year, and the TCS is ₹1 lakh. It counts as tax you've paid for that year.
How much does a US company from India cost?
Launch starts at $351.40: $249 for the plan plus $102.40 for the Wyoming filing. The plan and Wyoming's minimum yearly charge then total $309 a year. Your CA's fees, any audit for the APR, US return preparation and bank charges in India are separate. Wyoming's license tax can be more than its $60 minimum.
Should I form a Wyoming LLC or a Delaware C-Corp from India?
A Wyoming LLC usually suits an owner-run business selling to US customers. A Delaware C-Corp suits raising from US investors who want shares. If you already have an Indian private limited company, putting it under a US parent is a flip, and the RBI's two-layer limit, valuation and tax all need advice first. Nonresident aliens can't hold shares in an S-corporation.
Can I get an EIN without an SSN or ITIN?
Yes. Without an SSN or ITIN, the application goes on Form SS-4 instead of the IRS's online tool. We prepare it after the company is formed, and the IRS issues the number. Your PAN isn't part of it.
How long does it take from India?
Each stage has its own clock. Wyoming's published turnaround is same day once a complete filing is accepted. Our ordinary EIN estimate is six to eight weeks after the application, or two to three weeks with the $199 expedited option. Your AD bank sets its own time for the UIN, and each bank or processor sets its own review. These are estimates, not promises.
Can I open a Mercury account from India?
You can apply. India isn't on Mercury's prohibited list, which goes by where you live. Mercury asks about current or planned US operations and a real principal business address, which can be your Indian address but not a registered agent's. It decides each application and can decline it.
Is Stripe available in India, and can my US LLC use it?
Stripe is invite-only for new businesses registered in India. A US LLC with an EIN and a US bank account can apply for a US Stripe account, and Stripe reviews it like any US business. Approval isn't guaranteed.
Will I be taxed twice, in India and the United States?
Usually not on the same income. Pay for work you do in India is generally not US-source, so a single-owner LLC with no US office or staff often owes no US income tax on it, though it still files. India taxes its residents on worldwide income, and where the US does tax the same income, you claim credit for it in your Indian return.
What do I report in India every year?
Expect the APR for the company, through your AD bank by 31 December, and Schedule FA in your income tax return, which lists the company and its accounts. The company's income also has to be dealt with in your return, with credit for any tax paid abroad. Your CA confirms what applies to you.
Do I need an audit for the APR?
If you control the company, the RBI's regulations base the APR on its audited financial statements. Unaudited statements are allowed only where the investor in India has no control and the host country doesn't require an audit. Ask your CA to plan the audit and the certificate before the first APR is due.
Do I need Form 5472 if the company has no revenue?
A US LLC with one foreign owner generally files Form 5472 with a pro forma Form 1120 when it has reportable transactions with that owner. Money you put in or take out can count even without sales. A calendar-year return is generally due 15 April, with Form 7004 for an extension filed before then.
Does BaseAcross file the US and Indian returns for me?
On Launch and Operate, we add deadlines and reminders; you or your accountant file the federal returns. Managed annual state compliance is an optional $149 service fee a year, with the state's charge separate. Form FC, the APR, Schedule FA and your Indian return are for you, your AD bank and your CA.
How do I bring the company's money to India?
Pay it through a bank or provider that supports your company and an Indian account, and record whether each transfer is a distribution, a fee for your work, a loan or a reimbursement. Money the company owes you on your investment, such as a declared distribution, must come to India within ninety days of falling due. Your CA confirms how each kind is taxed.
Does my new US LLC need a BOI report?
US-created companies are exempt under FinCEN's current BOI rule, effective 14 August 2026. A company formed outside the US and registered to do business there is a different case. Banks still collect ownership details for their own checks.
Sources and editorial scope
Check the published rules behind the explanation.
Prepared by the BaseAcross team and reviewed by Saais Patel, compliance reviewer. Sources checked . This is general formation information, with source links for the tax and banking context. An individual tax or legal review remains with your qualified advisers.
India
- RBI · Overseas Investment Rules 2022
- RBI · Overseas Investment Regulations 2022
- RBI · Overseas Investment Directions
- RBI · Liberalised Remittance Scheme FAQ
- Income-tax Act 2025 · section 394 (TCS)
- Income-tax Act 2025 · section 390 (tax paid at source)
- Income Tax Department · Schedule FA guide
- Black Money Act · section 42
- Black Money Act · section 43
- Income-tax Act 2025 · section 6 (residence)
- CBDT · Circular 6/2017 on effective management
United States (IRS, Treasury and FinCEN)
Banks and payments
The RBI and Income Tax Department pages are the official texts. The Schedule FA guide is the department's March 2026 edition. Indian tax law has moved to the Income-tax Act 2025 and some forms are being renumbered, so confirm current forms and dates with your CA before acting.
Ready when you are
Answer the questions. We do the filing.
It takes about four minutes. You see the whole order, state fee included, before anything is charged.
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- Launch
- First year
- $351.40
- To order
- 10 steps
Launch · $249 + $102.40 Wyoming · Same day