In an ever digitalizing and booming worldwide economy, the formation of a business in the United States is not restricted to people residing within the geography.
Indian Citizens are regularly forming U.S. Limited Liability Companies (LLCs) these days for reasons such as gaining international recognition, optimizing global payment systems, and expansion of business.
If you are a freelancer, agency owner, eCommerce seller, or running a Tech Startup, a US LLC can be the gateway to tremendous potential if you are based in India.
And what’s the greatest news? Everything can be done remotely.
This step-by-step guide will help you form a US LLC from India by picking a state, ensuring compliance, and beyond.
Why Should Indian Entrepreneurs Form a US LLC?
For global and digital entrepreneurs, forming a US LLC from India has increasingly become common practice. What makes this so attractive?
Here are compelling arguments that bear focus:
1. Availability of International Opportunities
Being a US citizen opens doors to the world’s largest consumable market, allowing free access to clients located in North America and Europe. This, in turn, enables better trust and credibility in dealing with international partners and customers.
2. Simplified Integration of Payment Gateways
Access to international payment services such as Stripe, Paypal, Square, and Mercury often requires a business entity based in the US. Establishing an LLC enables you to access these services and accept payments worldwide.
3. Limited Liability Protection
An LLC separates your individual assets from your business liability. This means that your personal finances are safed from threats arising from lawsuits, debts, or other business-related issues.
4. No Requirement for US Citizenship or Residency
The striking difference with some other countries is that the form of an LLC as a legal entity does not require citizenship or residency to own and manage it. This means that Indian citizens can register and manage a US LLC entirely remotely.
5. Trust and global branding
Company name and address registered in the USA will enhance your overall brand image and perception. Companies based in America are deemed more trustworthy, stable, and reliable by clients and partners.
Step-by-Step Process to Form an Indian-Owned US LLC
The process of forming a US LLC from India is easier than one might think. Here is an overview of the steps to take to successfully establish your business:
1. Choose the Right State for Your LLC
When it comes to forming an LLC, not all US states are the same. Depending on your business model, the Wyoming, Delaware, and Florida are the best states for form an LLC by non-residents:
🟩 Wyoming
- No state income tax
- Low annual maintenance fees
- Allows strong privacy for owners
- Great for solo entrepreneurs and online businesses
🟦 Delaware
- Great for startup investment
- Many investors flock to Delaware because its legal system expertly handles business disputes.
- This state is known for its corporate laws
🟧 Florida
- Great if you plan to operate physically or have customers in Florida
- No state income tax for individuals
💡Pro Tip: Indian founders without a physical US presence often find Wyoming the most appealing state due to it’s straightforward nature, low cost, and lack of Hassle.
2. Select a Name for The LLC
When trying to brand, make sure to think of names will best suit the company. Some name suggestions are:
- Has to be original and different from competitors within that state.
- “LLC”, “L.L.C.”, and “Limited Liability Company” all qualify as name endings.
- Avoid using restricted words like “Bank”, “University”, or “Insurance” without having the necessary authorizations.
- Utilize the business name availability search tool for your state to conduct a business name check.
Take your time here, a well-chosen name helps market the brand from the get-go.
3. Appoint a Registered Agent
A Registered Agent is someone who receives legal and tax documents on behalf of your business. This person or company must reside in the state where your LLC is based.
If you’re based in India, you cannot serve as your own Registered Agent. Instead, use a professional Registered Agent service. Most offer this service for a low annual fee, or include it for free in their LLC packages.
📌 The Registered Agent doesn’t only take care of compliance, they actively help protect the company from missing critical legal documents and notices.
4. Complete the Articles of Organization
These articles, also referred to as Certificate of Formation, is the document submitted to the Secretary of State to create your LLC, and you must file it in the appropriate state.
Typically, you will be required to provide the following:
- Business name
- Principal office address (can be a virtual US address)
- Registered Agent information
- LLC management structure (Member-managed or Manager-managed)
The filing fee is different for every state and ranges from $50 to $300. Filing online is possible in most states, with approval given within a few hours to a few days.
5. Apply for an EIN (Employer Identification Number)
An EIN is like a Social Security Number for your business. It’s required for:
- Opening a US business bank account
- Filing taxes
- Hiring employees
- Setting up Stripe, PayPal, etc.
Non US residents will not be able to apply for an EIN online through the IRS website. Instead, they will have to:
- Fill out Form SS-4
- Send it via fax or through a third-party service manager
- Work with a forming company like Bizstartz who will do the EIN application
📢 It’s important to note that without an EIN, your business will be unable to operate legally or financially within the United States.
6. Draft an Operating Agreement
An Operating Agreement contains the main rules and guidelines, detailing how an LLC will operate. Even if it’s not necessary in every state, it’s suggested, as well as frequently required by most banking institutions.
It covers:
- Divisions of ownership
- Voting rights and responsibilities
- Distribution of profits
- Adding or removing members and the set rules.
This legal document assists resolving member disputes while protecting your legal rights.
7. Set up a US Business Bank Account
Getting a US bank account is important to separate your personal finances from your business. You will need to provide:
- LLC formation papers
- EIN.
- Passport along with ID verification.
- Proof of your business address in the US (Virtual Office is accepted).
A few traditional banks will require face-to-face meetings. Mercury, Relay, and Wise have easier options that allow you to open a business account as a non-resident.
🔐 These accounts help maintain a professional image and ease receiving international payments.
8. Keep Up With Tax and Legal Filings
Compliance maintenance includes keeping up with tax filings:
- Business licenses renewal, if needed.
- Filing Annual Reports (may vary by state. Example: Wyoming charges $60 each year).
- Maintaining a Registered Agent
- Federal Taxes submission by way of IRS Form 5472, even without generated income.
- BOI Report Submission (Beneficial Ownership Information) to FinCEN in 2025.
Missing out on compliance may result in imposed fines, penalties, or the dissolution of your LLC.
🧾 What You Need to Get Started
Here is everything that you will need in order to form a US LLC from India:
- A valid passport
- A unique business name
- Business address in the US (including virtual offices)
- Registered Agents located within the United States
- Credit or debit cards, a PayPal account, or other means to pay filing costs
- Companies that assist with compliance and EIN formation, such as Bizstartz, will also be required
🔍 Common Tax and legal considerations of Indian Nationals
No US Income = No US Taxes?
- Your LLC is likely to incur no US federal taxes if it does not have a source of income within the US. However, you are still required to file annual forms.
ITIN for Indian Owners
- An ITIN might be necessary in order to fulfill the requirements of the IRS tax return.
US-India Tax Treaty
- As per the treaty, it is important proper substantiation is maintained, but you could get relief from the taxation in both countries.
Indian Tax Implications
- A CA in India would be able to assist you with the declaring the ownership of foreign business and income based on FEMA and Income Tax laws.
🤝 How Bizstartz Can Help You Form a US LLC from India
With the right partner, incorporating a US LLC while sitting in India can be a straightforward task. Bizstartz manages the entire process to ensure it is quick, inexpensive, and remote. Here’s what we do:
✅ LLC Registration in the Right State
We incorporate your LLC in states such as Delaware and Wyoming which are favorable for business, and we take care of all the documentation and approvals.
📬 No Cost Registered Agent
We offer complimentary Registered Agent services for the first year inclusive which is a prerequisite for compliance in all states.
🔢 EIN Application
We procure your EIN directly through the IRS, no faxes, no phone calls, and no trouble.
🧾 BOI Filing
We assist with the filing of Beneficial Ownership Information (BOI), now mandated by law in America.
💳 US Bank Account
We facilitate the opening of a US business bank account remotely through reputable fintech partners such as Mercury or Relay.
🆔 ITIN Support
Do you need an ITIN for Stripe or IRS filings? We help with the application and submission.
📅 Ongoing Compliance
Maintain compliance with yearly reports, tax submissions, and registered agent renewals with our support.
🧑💼 Expert Support
Having daily interactions with Indian founders, we provide bespoke strategies on LLC setup, banking, and taxation.
🚀 Final Thoughts
Establishing a US LLC while in India is not just feasible, it’s a brilliant idea. It enables faster scaling, access to global clients, and to operate in one of the most business-friendly environments in the world.
With the best direction and dependable assistance, you can get everything up and running in a couple of days without having to enter the United States.
Looking to internationalize your business?
Let Bizstartz streamline the process of launching a US company for you.
❓ Frequently Asked Questions (FAQs)
1. Can I form a US LLC from India without visiting the USA?
Yes. You can 100% form a US LLC online from India. Bizstartz makes the process simple, allowing remote registration and bank account setup.
2. Do I need a US address to start an LLC?
No, your LLC requires a Registered Agent with a US address. Bizstartz offers this for free in the first year. You can use a virtual US business address for formal correspondence as well.
3. Do I need a visa or US citizenship to own a US LLC?
No. There is no need for a U.S. visa, citizenship, or residency. Anyone, including Indians, can legally own a US LLC without restriction.
4. Will I have to pay taxes in the US if I’m operating from India?
It depends. If your LLC has no US-sourced income, there are possibly no federal taxes due, but you must still file certain forms like IRS Form 5472. Let Bizstartz assist you.
5. How long does it take to form a US LLC while being in India?
With Bizstartz, your LLC can be formed along with an issued EIN and bank account within 7-14 business days, depending on processing times and the state selected.
