LLC

US Company Registration from India (2026): LLC, EIN, Stripe & FEMA

May 20, 2025 · By Kiran Kauri

Yes — any Indian resident can form a US LLC without an SSN, US visa, or travel, and formation is fully remote (5–15 business days, EIN by fax in about 4). Forming a US LLC from India is the usual way for Indian founders to get a USD Stripe account, with no US visa, SSN, or travel required. Stripe India moved to invite-only in May 2024, and a US LLC (a Limited Liability Company, the most flexible US business structure) is the cleanest fix. If you want a full overview of how the LLC structure works before diving into the India-specific details, the LLC page covers the fundamentals.

According to the IRS, your EIN (Employer Identification Number, the US federal tax ID) arrives by fax in approximately 4 business days for non-resident applicants using Form SS-4 — no SSN required.

But Indian founders face two compliance layers, and the Indian one carries most of the risk. The US side requires an EIN, and Form 5472 if you have reportable transactions. The India side requires FEMA (Foreign Exchange Management Act) compliance, ODI (Overseas Direct Investment) filings, TCS (Tax Collected at Source) on remittances above INR 10 lakh, and Schedule FA disclosure in your Indian tax return.

Both layers apply simultaneously. This guide covers both.

Stripe India moved to invite-only in May 2024. Stripe’s help centre says a business must be located in the 50 states, Washington, D.C., or Puerto Rico to sign up as a US business. A US LLC formed in Wyoming, Delaware or New Mexico can apply for a US Stripe account even when its owner lives in India, but Stripe also verifies the people behind the account, and approval is not guaranteed. Stripe India itself takes new businesses by invitation only and pays out only in INR.

Why Indian Founders Form a US LLC

A US LLC gives Indian founders something India-registered businesses cannot easily get: full access to global payment infrastructure, USD banking, and US market credibility without leaving India.

Stripe India Is Invite-Only: Applying Through a US Company Instead

Stripe stopped self-serve signups for India-registered businesses in May 2024. Its own help centre now says businesses from India are not able to sign up for a new Stripe account through its website, and stripe.com/global lists India as a preview market. Existing Stripe India accounts can charge foreign customers in other currencies for exports, but they pay out only in INR.

Stripe’s help centre says a business must be located in the 50 states, Washington, D.C., or Puerto Rico to sign up as a US business, so a US LLC can apply for a USD Stripe account even when its owner lives in India. On tax IDs, Stripe’s own pages differ. One says a business representative who is not a US individual and has no SSN or ITIN gives a local tax ID instead (for an Indian founder, the PAN). Another says that for a US account whose business type is individual, sole proprietor or single member LLC, Stripe must collect an SSN or ITIN. Check which applies to your account during onboarding, and answer every question truthfully. The full process is in our guide to opening a Stripe account from outside the US.

Full USD Payments Without an Indian Payment Gateway

Mercury does not list India as a prohibited country (checked 4 November 2026). Indian founders sit in a different position from founders in Pakistan, Nigeria or the Philippines, all of whom Mercury’s list excludes. With a Mercury account, or Wise Business US account details, an Indian-owned US LLC can receive USD payments without any Indian payment gateway. Our country table of US banks and payment platforms compares the same providers for other countries.

No US Citizenship, Residency, or Travel Required

Any non-US resident can legally own a US LLC. Formation is fully remote. No SSN (Social Security Number) is needed to obtain an EIN (Employer Identification Number: US business tax ID). According to the IRS, non-residents apply for an EIN by faxing Form SS-4 to 855-215-1627 (from within the US) or 304-707-9471 (from outside the US) — the IRS online application is only for applicants in the United States, so it is not open to India-resident founders. Indian founders complete the entire process from India.

The Two Compliance Layers Every Indian Founder Must Understand

US LLC from India: the US (IRS) and India (FEMA/RBI) compliance layers compared
When you form a US LLC from India, the US and India compliance layers both apply at once.

Forming a US LLC from India triggers two independent regulatory systems. Both apply to you simultaneously. Missing either one carries serious financial consequences.

US Side: EIN, Form 5472, and Federal Filing Obligations

An EIN (Employer Identification Number, the 9-digit federal tax ID issued by the IRS) is required before you can open a US bank account or activate payment processors. For a single-member LLC owned by a non-resident, the IRS also requires Form 5472 plus a pro-forma Form 1120 for any year with reportable transactions. Reportable transactions include capital contributions and distributions between you and the LLC.

According to IRC 6038A, the failure-to-file penalty is $25,000 per form per year. An additional $25,000 applies for every 30-day period after 90 days from an IRS notice, with no maximum cap.

Zero US tax owed does not eliminate your US filing obligation. That is the most common and most expensive mistake. To see the due date for each year since you formed the LLC, use our free Form 5472 deadline checker.

India Side: FEMA, ODI, and Outbound Investment Rules

Under the FEMA (Overseas Investment) Rules, 2022, acquiring unlisted equity capital of a foreign entity is ODI (Overseas Direct Investment). In practice an LLC membership interest is treated as equity capital, so funding your own US LLC is generally ODI. For a resident individual, ODI counts within the LRS limit of USD 250,000 per financial year.

A resident individual may make ODI only in an operating foreign entity that is not in financial services, and not in one that has a step-down subsidiary under the individual’s control. A US LLC that sells software, services or goods usually fits. One that lends money or holds investments does not.

Before any money leaves India, your AD Category-I bank reports the investment to the RBI (Form FC, filed with Form A2) and obtains a Unique Identification Number (UIN) for your LLC. After that, you file a Form APR (Annual Performance Report) by 31 December every year.

Why Missing Either Layer Creates Real Risk

A late FEMA filing is normally regularised by paying a Late Submission Fee: INR 7,500 for a late Form APR, and INR 7,500 plus 0.025% of the amount involved for each year of delay for a late Form FC, capped at the amount involved. A contravention that is not regularised falls under FEMA Section 13: a penalty of up to three times the sum involved (or up to INR 2 lakh where it cannot be quantified), plus up to INR 5,000 for every day it continues.

On the US side, the Form 5472 penalty is $25,000 per form per year, with more after an IRS notice and no maximum.

These operate independently. A FEMA problem does not reduce your IRS exposure, and the reverse is also true. Work with both a US CPA and a qualified Indian CA before remitting funds or filing returns.

India-Side Compliance: FEMA, ODI, LRS, TCS, and Schedule FA

Most of the risk for an Indian founder sits on the Indian side. Indian founders face FEMA obligations, TCS cash-flow hits, and annual filings that exist entirely outside the US formation process.

Is Forming a US LLC ODI or LRS? Ask a CA First

LRS (Liberalised Remittance Scheme) is the RBI framework that lets a resident individual remit up to USD 250,000 abroad per financial year (April to March) without prior approval. It applies only to resident individuals, not to companies, HUFs, partnership firms or trusts.

Funding your own US LLC is generally ODI, not portfolio investment, and that ODI counts against the same USD 250,000 LRS limit. Confirm the route with a qualified Indian CA before you remit a single rupee: the classification decides which forms your bank files.

TCS on Outbound Remittances: 20% Above INR 10 Lakh

TCS (Tax Collected at Source) is tax your AD bank collects on outward remittances under LRS. It is the most overlooked cash-flow event for Indian founders.

The threshold is INR 10 lakh per PAN per financial year (raised from INR 7 lakh from 1 April 2025), counted across all purposes and all banks. Above it, TCS on remittances for investment and other purposes is 20%. Under section 394(1) of the Income-tax Act, 2025, as amended from 1 April 2026, remittances for education and medical treatment above the threshold carry 2%, and overseas tour packages carry 2% from the first rupee. The 20% rate for investment, which includes funding a US LLC, did not change.

TCS is not a final tax. You claim it back in your income-tax return: it appears in your annual tax statement (Form 168, which replaced Form 26AS) and on the bank’s TCS certificate (Form 133, formerly Form 27D). But the money is locked until your return is processed, so budget for the delay.

ODI Process: Form FC, UIN, Remittance, Then Form APR

The order matters:

  1. You apply to your AD Category-I bank in Form FC together with Form A2, quoting your PAN. Without a PAN, TCS is collected at a higher rate under section 397(2) of the Income-tax Act, 2025.
  2. The bank reports the investment to the RBI, and the RBI’s system generates the UIN for your LLC.
  3. Only then does the bank send the money. The OI Regulations require the UIN before the outward remittance or the acquisition of equity, whichever is earlier, so remitting first is a contravention.
  4. Every year by 31 December, you file a Form APR (Annual Performance Report).

The APR must be based on the LLC’s audited financial statements. Unaudited accounts certified by a CA are allowed only where the Indian investor does not have control and the host country does not require an audit. As the 100% owner of your LLC you have control, so budget for an annual audit of the LLC’s accounts, and confirm the requirement with your CA.

Schedule FA: Disclosing Your US LLC in Your Indian ITR

Indian tax residents must disclose foreign assets, including the US LLC interest and any foreign bank or fintech accounts, in Schedule FA of the income-tax return every year, not once. Under section 42 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, failing to disclose can lead to a penalty of INR 10 lakh. Since 1 October 2024 that penalty does not apply where the undisclosed assets other than immovable property total no more than INR 20 lakh, but the disclosure itself is still required.

Where the LLC Is Managed From: POEM

Under section 6(10) of the Income-tax Act, 2025, a company formed outside India is treated as resident in India for a tax year if its place of effective management is in India. If you are the only owner and you run the LLC from India, the key management and commercial decisions are made here. Ask your CA how the LLC and its profits are treated in India before you rely on any structure.

Repatriation: Where Profits Must Go

Under the OI Regulations, 2022, amounts due to you from your LLC, such as dividends and other receivables, must be realised and repatriated to India within 90 days of falling due. As a resident, you receive them into a normal resident bank account. NRE and NRO accounts are for people resident outside India, so routing LLC profits there as a resident is a common and costly mistake.

LLC Company Registration in the USA from India: Step by Step (US Side)

5 steps to form a US LLC from India: choose a state, registered agent, EIN, Form 5472, banking
The five steps to form a US LLC from India.

Step 1: Choose Your State: Wyoming, Delaware, or New Mexico

Three states dominate for non-resident founders. Wyoming charges a $100 filing fee and $60 per year minimum. Delaware charges $110 to file a Certificate of Formation plus a flat $400 annual tax due June 1, with no annual report. New Mexico costs $50 to file with no annual report and no annual fee, the lowest ongoing cost of the three. Avoid California: its $800 annual minimum franchise tax applies regardless of revenue.

Step 2: Appoint a Registered Agent

Every US LLC must have a Registered Agent (RA), a person or service with a physical street address in the state of formation. PO boxes are not accepted in any US state. Your RA receives legal and tax documents on the LLC’s behalf. For Indian founders operating remotely, a professional RA service handles this role.

Step 3: Get Your EIN Without an SSN

An EIN (Employer Identification Number, the 9-digit federal tax ID) is free directly from the IRS. The IRS online application is only for applicants in the United States. India-resident founders can fax Form SS-4 (our guide to getting an EIN without an SSN covers each route), or apply by phone on the IRS international line, 267-941-1099 (not toll-free), Monday to Friday, 6 am to 11 pm Eastern time.

IRS Form SS-4 fax routing depends on the applicant’s legal residence, principal office, or principal place of business — not merely the LLC’s registered agent address. Applicants with no legal residence, principal office, or principal place of business in any US state generally fax 855-215-1627 (from within the US) or 304-707-9471 (from outside the US). For many India-resident founders whose legal residence and principal place of business remain in India, the international fax numbers are generally the appropriate routing, based on the information reported on Form SS-4. Include a return fax number. According to the IRS, you receive a cover sheet with your EIN in approximately 4 business days.

A paper notice may also arrive later by mail; it is not what issues the EIN. Your EIN is valid from the moment the fax confirmation arrives.

Note: a new EIN takes up to approximately 2 weeks to enter IRS permanent records. Until then, it cannot be used to e-file returns or pass IRS TIN matching. If you later need to verify your tax identification status with US clients or platforms, understanding What is an ITIN Number can clarify how ITINs differ from EINs and when each applies to non-resident owners.

If the CP-575 is lost, request a 147C letter via the IRS Business & Specialty Tax Line at 800-829-4933. That is a US toll-free line and usually does not connect from India. For international EIN callers the IRS lists 267-941-1099 (not toll-free), Monday to Friday, 6 am to 11 pm Eastern time.

Non-resident Indian founders cannot use the IRS online EIN application — it is only for applicants in the United States. As of 2026, the method for non-residents is to fax Form SS-4 to 855-215-1627 (from within the US) or 304-707-9471 (from outside the US), with a return fax number included.

Step 4: File Form 5472: Even With Zero US Income

A single-member foreign-owned LLC must file Form 5472 with a pro-forma Form 1120 for any year with reportable transactions. Here is the critical point for Indian founders: transferring money from India to capitalise the LLC is itself a reportable transaction. Funding the LLC triggers this obligation from day one.

According to the IRS, the failure-to-file penalty is $25,000 per form per year. An additional $25,000 applies per 30-day period after 90 days from IRS notice, with no maximum cap. Zero US tax does not eliminate this filing requirement.

One compliance note: BOI (Beneficial Ownership Information, a federal reporting requirement) is currently not required for US-formed LLCs. According to FinCEN, US-formed LLCs are exempt under FinCEN’s final rule (issued 11 August 2026, effective 14 August 2026).

Banking Reality for Indian Founders: Mercury, Relay, Wise and Stripe

Mercury: Available to Indian Founders (Unlike Pakistan, Nigeria, Philippines)

India is not on Mercury’s prohibited-countries list (checked 4 November 2026). The list goes by where you live, not your citizenship, and it does include Pakistan, Nigeria, the Philippines, Nepal and Bangladesh. Mercury says you do not need to be a US citizen or resident to apply. Its eligibility article also says the business must have existing or planned operations in the US and a real principal place of business address, which can be a home address in India but not a registered agent address (checked 4 November 2026).

Mercury is a fintech, not a bank. Its banking services are provided through partner banks Choice Financial Group and Column N.A., Members FDIC. The base plan has no monthly fee; paid tiers exist.

Approval is not guaranteed. A clear, specific business description and a working website help your application.

Relay: Not on the Banned List, but Its Own Pages Disagree

India is not on Relay’s prohibited-countries list either. Beyond that list, Relay’s help pages contradict each other (checked 4 November 2026). Its account-opening guide says every beneficial owner must have a valid SSN. Its required-documents article asks each owner for an SSN or passport number and a physical US address, and accepts businesses owned by non-US residents only if the business has an operating presence in the US. Its address articles, by contrast, let non-US residents use a registered agent address as the business’s legal address and accept a home address outside the US as the operating address. With pages this inconsistent, do not plan around Relay. If you want to try, describe your setup to Relay’s Customer Experience team in writing before you apply. The details are in our Relay prohibited countries guide.

Wise Business: Possible, With a Real Physical Trading Address

Wise Business can work for India-resident owners of US LLCs, but only with a real physical trading address backed by proof such as a utility bill or bank statement. Wise does not accept a registered agent, virtual office or mail-forwarding address (Wise), and approval is not guaranteed. Wise also lists India only for people travelling overseas on its page about where you can hold money (Wise, checked 16 October 2026), so confirm how that affects your account before you rely on it. Activating US routing and account numbers costs a one-time fee (approximately $31 USD — confirm the current amount at wise.com). Receiving USD via ACH is typically free; receiving USD via wire carries a per-transaction fee — check Wise’s current pricing before relying on a fixed figure.

Wise may ask for an EIN document the IRS has filed and returned to you, such as Form 147C or an IRS-returned Form SS-4. The EIN number alone may not satisfy Wise’s KYC review.

If you do not have one, request a 147C letter rather than waiting weeks for the CP575 by post. US clients or platforms that ask you to certify your tax status will usually need a Form W-8BEN from you as the foreign owner, not a Form W-9, which is for US persons. Giving the right form avoids unnecessary payment holds.

Wise standard balances are NOT FDIC-insured by default. Wise is a licensed Money Services Business, balances are safeguarded in segregated accounts, which is not the same as FDIC deposit insurance. Wise’s opt-in interest feature carries FDIC pass-through coverage up to $250,000, but Wise offers it only to US-based customers with a US profile address, so an India-resident owner should not count on it.

Stripe: Use Your US LLC, Not Stripe India

Stripe India is invite-only for new businesses and pays out only in INR. Your US LLC can apply for a USD Stripe account. Stripe also needs a US bank account for payouts (your Mercury or Wise US account details) and a US physical business address that is not a PO box. A verified EIN is required to fully activate payments on a US LLC account.

Brex: Why Most Indian Sole Founders Don’t Qualify

Brex requires US incorporation, US operations and a US physical address. If you use a virtual address, Brex says a beneficial owner or control officer must have a verifiable physical presence in the US, and its accounts for funded startups expect a minimum cash balance of $50,000. Most India-resident sole owners will not meet these requirements.

Full Cost Breakdown: What Indian Founders Actually Pay

US LLC formation cost by state for Indian founders — Wyoming, Delaware, New Mexico
US LLC formation and annual costs by state for Indian founders.

One-Time US Formation Costs (USD)

Your state filing fee is the unavoidable baseline. Wyoming costs $100 to file; add Bizstartz Starter at $199 and your minimum one-time cost is $299. Delaware’s filing fee is $110; with Bizstartz Starter at $199 that is $309. New Mexico is the cheapest at $50 filing, so $249 total.

An EIN is free from the IRS: Bizstartz charges only for the labor of obtaining it on your behalf. Activating US routing and account numbers on Wise costs a one-time fee (approximately $31 USD — verify current pricing at wise.com).

Annual Ongoing US Costs (USD)

Wyoming charges a minimum $60 annual report fee. Delaware charges a flat $400 annual tax per year no exceptions. New Mexico charges nothing annually: no annual report, no fee. Mercury has no monthly fee for US LLC accounts.

India-Side Cash-Flow Impact: TCS and Compliance Costs

When you remit funds to capitalise your US LLC, TCS of 20% applies to the amount above INR 10 lakh per PAN per financial year. TCS is refundable through your ITR, but the cash is locked until your refund is processed, which is a real working-capital constraint.

AD bank outward remittance charges vary by institution, so confirm the exact fee with your AD Category-I bank before remitting. Annual CA fees for ODI compliance (Form FC, Form APR, Schedule FA) and the audit the APR relies on also vary: budget for an annual CA engagement.

All costs above are in USD. The INR equivalent moves daily with the USD/INR exchange rate, so check the current rate with your bank before remitting rather than relying on a fixed figure.

The India-Side Obstacle: Getting Your Bank to Process ODI

For Indian residents, the biggest practical risk sits with your AD Category-I bank. Investing in your US LLC is ODI, and the bank must report it and obtain the UIN before it sends a single dollar. Remitting before the UIN is issued is a FEMA contravention, even if the amount is small.

Many branch-level staff rarely process ODI for a US LLC membership interest. They may tell you the procedure does not apply, or not know the steps. Do not accept that answer: bring your CA’s written guidance and ask for the senior forex or trade-finance officer, who handles cross-border capital transactions.

Getting the order right at the bank (Form FC and UIN first, money second) protects you from a penalty that can exceed the investment itself.

Common Mistakes Indian Founders Make

The TCS Rate Confusion

Budget 2026 cut TCS to 2% for education, medical treatment and overseas tour packages, and some founders read that as a cut across the board. It is not. Under the Income-tax Act, 2025, remittances for investment and other purposes, which include funding a US LLC, still carry 20% TCS above INR 10 lakh per PAN per financial year. Budget for it, then recover it through your ITR.

The NRE/NRO Account Error

Many Indian founders assume they can receive US LLC distributions into an NRE or NRO account. NRE and NRO accounts are for non-resident Indians only. An Indian resident receiving repatriated LLC profits must use a normal resident savings or current account. Routing funds through NRE/NRO as a resident is not permitted under FEMA 1999.

The Zero-Income Filing Assumption

If your LLC has no US clients, you may believe no US forms are needed. That assumption is costly. According to the IRS, Form 5472 plus a pro-forma Form 1120 are required whenever reportable transactions exist, capital contributions from India count. Failure-to-file carries a $25,000 penalty per form per year, with no cap on repeat penalties. Zero US tax does not mean zero filing.

Waiting for the CP-575

The CP-575 is a paper confirmation letter that may arrive by mail later; it is not EIN issuance itself. Your EIN is valid from the moment you receive fax confirmation. If Wise requires official confirmation, request a 147C letter from the IRS Business & Specialty Tax Line at 800-829-4933 rather than stalling operations waiting for postal mail. From India, use the IRS international line, 267-941-1099 (not toll-free), because 800-829-4933 is a US toll-free number. Indian founders who also need to establish individual US tax identity, for example, to receive certain US-sourced payments, should review How to Apply for an ITIN Number to understand when an ITIN is required alongside an EIN.

Frequently Asked Questions

Is forming a US LLC from India legal under FEMA?

Yes. Indian residents can legally own a US LLC. Funding it is generally ODI (Overseas Direct Investment) under the FEMA (Overseas Investment) Rules, 2022: you apply through your AD Category-I bank in Form FC with Form A2, the bank obtains a UIN from the RBI before any money is sent, and you file a Form APR, based on the LLC’s audited accounts, by 31 December every year. Confirm the route with a qualified Indian CA before you remit.

Do I need to pay 20% TCS when I fund my US LLC?

Possibly. TCS of 20% applies to LRS remittances for investment above INR 10 lakh per PAN per financial year (the threshold rose from INR 7 lakh on 1 April 2025). Budget 2026 cut the rate to 2% only for education, medical treatment and overseas tour packages. TCS is refundable through your ITR, but it is a real cash-flow event that you must plan for.

Can I use Stripe with a US LLC if I live in India?

Usually, yes. Stripe’s help centre says a business must be located in the US (the 50 states, Washington, D.C., or Puerto Rico) to sign up as a US business, so a US LLC can apply even when you live in India. Stripe also verifies the owners, and its pages differ on whether an owner without an SSN or ITIN can give an Indian tax ID instead, so confirm during onboarding. Stripe India itself is invite-only for new businesses and pays out only in INR. Stripe also needs a US bank account and a US business address that is not a PO box.

Can I open a Mercury account as an Indian resident?

Yes. India is not on Mercury’s prohibited-countries list (checked 4 November 2026). Apply with your US LLC formation documents and EIN. Mercury does not require US citizenship or residence, but it asks about your current or planned US operations. Approval is not guaranteed, so prepare a clear, specific business description before applying.

How do I get an EIN without a US Social Security Number?

File Form SS-4 by fax to 304-707-9471 from outside the US (855-215-1627 from within the US), with a return fax number. Routing depends on your legal residence and principal place of business, not the registered agent’s address, so India-resident founders use the international line. According to the IRS, the EIN comes back in about 4 business days. The CP-575 paper letter arrives later by mail; your EIN is valid from the fax confirmation. An EIN obtained directly from the IRS is free.

What is Form 5472 and do I have to file it?

Form 5472 is a US information return required for a single-member LLC owned by a foreign person when there are reportable transactions, including capital contributions from India. According to the IRS, the failure-to-file penalty is $25,000 per form per year, with an additional $25,000 for each 30-day period after 90 days from an IRS notice, and no maximum. Zero US income does not remove this obligation.

Do I need to disclose my US LLC in my Indian income-tax return?

Yes. Indian tax residents must disclose foreign assets, including the US LLC interest and foreign bank accounts, in Schedule FA of the ITR every year. Failing to disclose can lead to a INR 10 lakh penalty under the Black Money Act, 2015, although since 1 October 2024 the penalty does not apply where such assets, other than immovable property, total no more than INR 20 lakh. This is separate from your US Form 5472 filing; both apply.

Can I receive US LLC profits into my NRE or NRO account?

No. NRE and NRO accounts are for people resident outside India. As a resident, amounts due from your US LLC must be repatriated within 90 days of falling due, into a normal resident bank account. NRE and NRO accounts become relevant only if you later become a non-resident.

Which US state should an Indian founder choose?

New Mexico ($50 filing, no annual report) has the lowest ongoing cost. Wyoming ($100 filing, $60 a year minimum annual report fee) is low-cost and private. Delaware ($110 filing, $400 a year annual tax due June 1) suits founders planning to raise US venture capital. Avoid California: its $800 annual minimum franchise tax applies regardless of revenue.

Will I be taxed in both the US and India?

India and the US have a tax treaty (DTAA), and as an Indian resident you can claim credit for US tax paid against your Indian tax. For income from 1 April 2026, the claim is made in Form 44 under the Income-tax Rules, 2026, which replaced Form 67. A US LLC’s disregarded-entity status can create mismatches between the two systems, and if you run the LLC from India your CA should also check its residence under the place of effective management rule in section 6(10) of the Income-tax Act, 2025.

How does forming a US LLC from India compare to using a service like doola or Firstbase?

Any US formation service, including Bizstartz, doola or Firstbase, works on the US side: Articles of Organization, the EIN, the registered agent and US filings such as Form 5472. The India side applies whichever service you use: the ODI route under the FEMA (Overseas Investment) Rules, 2022, Form FC and the UIN before any remittance, TCS at 20% above INR 10 lakh, Form APR and Schedule FA. Those need your bank and a qualified Indian CA.

Conclusion

Forming a US LLC from India lets founders apply for a USD Stripe account and for Mercury banking, while Stripe India takes new businesses by invitation only.

Formation is 100% remote. Wyoming costs $299 minimum through Bizstartz. According to the IRS, your EIN arrives by fax in approximately 4 business days, no SSN required.

Two compliance layers apply simultaneously. The US side requires Form 5472 (a $25,000 penalty for failure to file, per the IRS). The India side requires FEMA/ODI registration, TCS at 20% on remittances above INR 10 lakh, Schedule FA disclosure, and an APR filed by December 31.

Bizstartz handles the US formation side. Your Indian CA handles ODI, LRS classification, TCS, and Schedule FA. Do not remit funds before confirming your ODI route with a qualified CA, the classification has real FEMA consequences.

We handle the US side. You handle the India side with your CA. Both sides covered.

This article is for informational purposes only and is not legal or tax advice. Rules and fees change; verify with the official source or consult a licensed CPA or attorney for your specific situation.

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