Delaware LLC
When: Investor preference, strong legal precedent
- Certificate of Formation filed with the Delaware Division of Corporations.
USA · Limited Liability Company
US LLC Incorporation from India Delaware or Wyoming, with the EIN and the India side handled
We form your LLC in Delaware, Wyoming or the state you operate in, apply for the EIN, appoint the registered agent and draft the operating agreement. We also prepare the US bank application and coordinate the India-side reporting with your AD bank.
Reviewed by CA Ganpat Khemka · Last updated 24 September 2026
The state filing fee is shown separately and paid at actuals. The bank decides on the account, not us. 250+ clients served from Kolkata, Delhi and Bengaluru.
CA and CS ledEIN sets the pace, see belowBest for: Indian founders, SaaS companies, freelancers and e-commerce sellers expanding to the US.
Professional fee
From ₹49,999
US LLC Incorporation
Indian founders, SaaS companies, freelancers and e-commerce sellers expanding to the US.
State filing (Delaware / Wyoming / others)
EIN applied for with the IRS
Registered agent appointed
Operating agreement
US bank application prepared and submitted with you
Timeline
EIN sets the pace, see below
What it is
US LLC Incorporation, explained in plain English.
A US limited liability company gives you a US entity to sell through, invoice from and list on US platforms. We handle the state filing, the EIN, the registered agent and the operating agreement, and prepare the bank application.
Key terms
The terms you will see in the filings.
EIN
Employer Identification Number: the IRS business tax number. Banks and payment platforms ask for it. The IRS charges no fee for an EIN.
Registered Agent
A person or company with a street address in your state of formation, appointed to receive legal and official mail. Delaware requires every entity to have and maintain one in Delaware.
Operating Agreement
The members' agreement: who owns what, how profits are split, how decisions are taken and what happens when a member leaves. Banks ask for it.
Inbound counterpart
Going the other way, a foreign company setting up in India forms an Indian subsidiary of a foreign parent.
Routes & scenarios
Match the situation to the right fix.
Wyoming LLC
When: Low cost
- Lower filing fee and a US$60 minimum annual licence tax.
State of Operations LLC
When: Physical presence / payroll in a specific state
- Filed in the state where you have people, stock or an office, so you do not have to register as a foreign LLC there as well.
Which state should you form the LLC in?
Form in Delaware if you expect US investors or a US acquirer to look at the paperwork, and if that is the real plan, look at a Delaware C-Corp instead. Form in Wyoming if cost is the main test. Form in the state where you actually have people, stock or an office, because otherwise you register there as a foreign LLC on top of your home state.
There is no requirement to be physically in the state you form in. Delaware requires every entity to have and maintain a registered agent with a street address in Delaware.
| State | Formation filing fee | Recurring state cost | Annual report |
|---|---|---|---|
| Delaware | US$110, Certificate of Formation | US$400 annual tax, due on or before 1 June | None. Delaware LLCs file no annual report |
| Wyoming | US$100, Articles of Organization | Annual licence tax: US$60 minimum, or two-tenths of one mill on the dollar of assets located and employed in Wyoming, whichever is greater | Annual report, filed with the licence tax |
Delaware charges a US$200 penalty plus 1.5% interest a month if the annual tax is late. Wyoming adds an online filing convenience fee of 2.4% of the filing fee, minimum US$1. A Delaware name reservation is optional and costs US$75 for 120 days.
What a US LLC costs
| Item | Regikart professional fee | US government fee |
|---|---|---|
| LLC formation, EIN application and operating agreement | From ₹49,999 | Delaware US$110, Wyoming US$100 |
| EIN from the IRS | Included above | Free. The IRS charges no fee for an EIN |
| First-year annual state tax | Not charged by us | Delaware US$400 (by 1 June). Wyoming US$60 minimum |
| US business bank account application support | From ₹4,999 | No government fee |
| India-side reporting: Form FC through your AD bank, and the CA certificate for the Annual Performance Report | Quoted separately | No government fee; a late submission fee applies if reporting is delayed |
| Form 5472 with the pro forma Form 1120, each year | Prepared and filed by a US tax preparer, quoted separately each year | No IRS filing fee |
Professional fees exclude GST at 18%. Government fees, where they apply, are paid at actuals to the department and are shown separately. Fees verified on 24 September 2026.
Registered agent charges are set by the agent, not by the state, so they sit outside both columns and are listed in your quote.
Single-member or multi-member: what changes
The number of members changes how the IRS treats the LLC by default. It does not change the state filing.
For income tax purposes, the IRS treats an LLC with only one member as an entity disregarded as separate from its owner. A domestic LLC with at least two members is classified as a partnership for federal income tax purposes, unless it files Form 8832 to elect otherwise.
That default matters to you because of one filing. For the limited purposes of section 6038A, a foreign-owned US disregarded entity is treated as an entity separate from its owner and classified as a corporation. In practice it means the LLC files a pro forma Form 1120 with Form 5472 attached, reporting its transactions with you as its foreign owner.
| Point | What applies |
|---|---|
| Form | Form 5472, attached to a pro forma Form 1120 |
| Due date | The due date of that Form 1120, including extensions. A corporation generally files by the 15th day of the 4th month after the end of its tax year |
| How it is filed | By fax to 855-887-7737, or by mail to the Internal Revenue Service, 1973 Rulon White Blvd, M/S 6112, Attn: PIN Unit, Ogden, UT 84201 |
| Penalty | US$25,000 for failing to file when due and in the manner prescribed. If the failure continues more than 90 days after the IRS notifies you, a further US$25,000 applies per related party for each 30-day period the failure continues. A substantially incomplete form counts as a failure to file |
Whether the LLC or you personally owe any US federal tax is a separate question that turns on where the income comes from and how the business is run. We do not answer it from India on assumptions: we get a US position in writing before the first filing season, alongside your cross-border tax planning. Multi-member LLCs file a partnership return, and we confirm the return and the partner-level schedules with the US preparer.
Getting the EIN when you have no SSN
You do not need a Social Security Number to get an EIN for your LLC. The IRS instructions for Form SS-4 tell a foreign applicant to enter "Foreign" or N/A for the SSN, ITIN or EIN on line 7b.
The online application is not available to an applicant without a US principal place of business. Foreign applicants apply by phone, by fax or by post. The IRS says to allow about four weeks when applying by post. This is the step that sets your real timeline, not the state filing.
Beneficial ownership: US-formed companies do not file
Your US LLC does not file a beneficial ownership information report with FinCEN. FinCEN's interim final rule of March 2025 removed BOI reporting for all entities created in the United States and their beneficial owners. A final rule issued on 11 August 2026, effective 14 August 2026, keeps that exemption in place.
BOI reporting still applies to companies formed outside the US that register to do business in a US state, unless they are exempt. Anyone selling you a FinCEN BOI filing for a new Delaware or Wyoming LLC is selling you nothing.
Get a fee quote for your state
Tell us the state you are leaning towards, how many members and what the LLC will sell. We send a written total: our fee, the state fee and the first-year state tax.
The process
US LLC Incorporation - from kickoff to confirmation.
1
State & Name
Pick state, check name & reserve.
2
Filing
Certificate of Formation (Delaware) or Articles of Organization (Wyoming) filed with the state.
3
EIN & OA
EIN applied for with the IRS and the operating agreement signed.
4
Bank Account
Bank or platform application prepared and submitted with you.
Documents required
What we'll need from you.
Upload through our secure portal. We check every scan before it goes to the state.
Founder passport scans
Indian address proof
Preferred LLC name (3 options)
Member ownership split
US business address, or the registered agent address
What you report in India
If you are resident in India and put money into the equity of your US LLC, that is an overseas direct investment. It is reported, and it is reported through your bank, not by you directly.
- Route and form. The investment falls under the Foreign Exchange Management (Overseas Investment) Rules, 2022 and is reported to the RBI in Form FC through your authorised dealer bank.
- Conditions for an individual. A resident individual can invest only in an operating business, and not in one engaged in financial services. The amount counts towards your Liberalised Remittance Scheme limit of US$250,000 per financial year (April to March).
- Annual Performance Report. An APR is filed for the foreign entity each year. Where there is no statutory audit, which is the usual position for a resident individual's LLC, it is certified by a chartered accountant.
- Late reporting. Delayed reporting under the overseas investment rules attracts a late submission fee.
- Indian income tax. Under section 5 of the Income-tax Act, 2025, a resident's total income includes income accruing or arising outside India. The same position applies for FY 2025-26 under section 5 of the Income-tax Act, 1961. Credit for US tax is claimed by a resident in Form 67, which becomes Form 44 from Tax Year 2026-27.
- Foreign assets. A resident reports foreign assets in Schedule FA of the return for FY 2025-26. We agree what goes in it with you before filing: see foreign assets in your ITR.
Talk to your AD bank before the money leaves India. If your Indian company pays the US LLC for services, check whether Form 15CA and 15CB apply to the remittance. We put the APR and return dates in your compliance calendar.
How long it takes
The state filing is the quick part. The EIN is not, because a foreign applicant cannot use the online route and the IRS asks you to allow about four weeks by post. The bank application starts only after the EIN arrives.
We give you a dated plan for your case at kick-off, with the state, the EIN route we will use and the bank or platform we will apply to first. First-year upkeep, the annual state tax, Form 5472 and bookkeeping and monthly accounts, goes into the same plan.
US LLC Incorporation FAQ
Common questions about a US LLC
Not sure whether an LLC or a C-Corp fits your plan? Talk to a CA and we will go through your case.
Still have questions?
Talk to a CA. We will go through your case and set out the next steps.
Talk to a CA →Our professional fee is from ₹49,999, excluding GST at 18%. On top of that you pay the state filing fee at actuals: US$110 in Delaware or US$100 in Wyoming. The EIN is free, because the IRS charges no fee for it. Registered agent charges are set by the agent and are listed separately in your quote.
Ready when you are
Start your US LLC
Talk to our team, confirm the scope and get a written fee quote before any work starts.
Call or WhatsApp +91 70444 94804.