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Register a US Company from India: Delaware LLC or C-Corp

Choosing the right US entity and staying compliant in both countries.
23 September 2026 by
Register a US Company from India: Delaware LLC or C-Corp
Gaurav Kumar
Overseas Company SetupComplete Guide3 min read
The short answer

Indian founders usually form a Delaware C-corporation if they plan to raise US venture capital, or an LLC for simpler operations. You appoint a registered agent, file the certificate of incorporation or formation, obtain an EIN from the IRS, and open a US bank account. Indian residents must invest through an AD bank under FEMA Overseas Investment Rules.

Popular stateDelaware
For VC fundingC-corporation
Tax IDEIN
India complianceFEMA ODI reporting

C-corp vs LLC

FactorC-corpLLC
VC fundingPreferredRarely
US taxCorporate income taxPass-through by default
ComplianceHigherLighter

Setup steps

  1. Choose state and entity type.
  2. Appoint registered agent.
  3. File formation documents.
  4. Adopt bylaws or operating agreement and issue stock or units.
  5. Obtain EIN and open a bank account.

Ongoing US compliance

  • Delaware franchise tax and annual report
  • Federal and state tax returns
  • Beneficial ownership reporting where applicable

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Indian compliance

Resident founders report the investment through an AD bank, file annual performance reports, and disclose foreign assets in their Indian tax returns.

Frequently asked questions

Can I form a US company without visiting the US?

Yes. Formation, EIN and some bank accounts can be done remotely.

Is an Indian subsidiary needed?

Many startups create a US parent with an Indian subsidiary for the team, but this structure needs careful FEMA and tax planning.

What is a flip?

A flip moves ownership of an Indian company under a new foreign holding company, often before US fundraising. It has tax and FEMA implications.

Do I pay tax in both countries?

Possibly. The India-US tax treaty and foreign tax credits help avoid double taxation.

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