🇮🇳 For founders in India

Form a US company from India

Indian founders incorporate in the United States to bill American and global clients as a domestic company, open a business account through our licensed partner, tap into US payment rails, and raise from American investors. An LLC or C-Corp with its own EIN can give a client a W-9 as a US person, which generally removes the 30% non-resident withholding on US-source service payments, though the actual treatment depends on the payor and income type.

You don't need to live in the US, hold a visa, or have an SSN. Formation, the EIN, and business banking through our licensed partner are all handled remotely from India.

General information about forming a US company. Not legal, tax, or investment advice. Rules and figures cited are current as of July 2026 and change frequently. Consult qualified local and US advisers before acting.

The process, end to end

01

Form the entity

Pick a Wyoming LLC (solo/bootstrapped) or a Delaware C-Corp (VC-track) and file the formation remotely, with no US visit needed.

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02

Get an EIN

Apply for the company's federal tax ID. You can get an EIN without an SSN, and you need it to open a US business account.

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03

Open a US business account

Open a US business account remotely with the EIN and formation documents. No US address or SSN required. Banking is provided through our licensed partner; StableCorp is not a bank.

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04

Get paid

Invoice US and global clients as a US entity and settle in USD, EUR, or INR, or in USDC on supported chains. Local-currency payout is available in select markets through StableCorp's licensed regional partners on compliant rails.

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India-specific considerations

FEMA & RBI purpose codes

Every inward remittance to India needs the correct RBI purpose code, and the FIRC is your proof of compliant receipt. Getting the code right up front avoids questions from your bank later.

VDA tax on crypto/USDC

USDC and other virtual digital assets held or transferred in India are taxed at 30% on gains with a 1% TDS on transfers. Crypto products and NFTs are unregulated and can be highly risky; there may be no regulatory recourse for any loss from such transactions.

ODI + LRS on outward funds

Funding your US company from India is Overseas Direct Investment under FEMA's 2022 OI Rules, routed via an AD Category-I bank with Form FC filing. It uses your LRS quota (USD 250,000 per person per financial year), and outward remittances above ₹10 lakh draw 20% TCS, creditable against income tax.

Compliance on both sides

A foreign-owned US LLC is disregarded for US federal tax but still has annual US filings (Form 5472 + pro-forma 1120, even at $0 activity; the 5472 penalty is $25,000). As an Indian tax resident you also report and pay tax in India on your worldwide income, and must disclose foreign entities and accounts in Schedule FA of your ITR.

Getting your money home to India

Bringing your US earnings to India runs through FEMA. Inward remittances are classified with an RBI purpose code (for example P0802 for software / IT and consultancy exports), and your bank issues a FIRC (Foreign Inward Remittance Certificate) documenting the receipt. StableCorp does not itself provide cross-border payment or remittance services in India; inward remittance is settled by your Authorised Dealer (AD) bank.

Capitalising a US company from India is Overseas Direct Investment (ODI) under FEMA's 2022 Overseas Investment Rules, routed through an AD Category-I bank with a Form FC filing. It draws on your Liberalised Remittance Scheme (LRS) quota of USD 250,000 per financial year, and remittances above ₹10 lakh attract 20% TCS (creditable against your income tax). LRS is the quota; ODI is the mechanism.

If you receive or hold crypto/USDC in India, India's Virtual Digital Asset rules apply: a 30% tax on gains plus a 1% TDS on transfers (Section 194S). Crypto products and NFTs are unregulated and can be highly risky; there may be no regulatory recourse for any loss from such transactions.

India & US taxes

India and the United States have a tax treaty (the India–US DTAA) designed to prevent double taxation and reduce withholding on certain cross-border income. How it applies depends on your structure: a foreign-owned single-member US LLC is disregarded for US federal tax (it files Form 5472 + a pro-forma 1120 annually; the 5472 penalty is $25,000), while a C-Corp is taxed at the US federal corporate rate (21%). Indian authorities generally treat a US LLC as a foreign company; the US disregarded treatment does not flow through to India. As an Indian resident you remain taxable in India on your global income. Get cross-border tax advice for your specific case.

StableCorp helps founders in India form a US company, get an EIN and a US business account, and get paid on compliant rails, both sides.

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Frequently asked questions

Can an Indian resident own a US LLC?

Yes. Non-residents can own a single-member or multi-member US LLC, and there is no requirement to be a US citizen, hold a visa, or have an SSN. You can form the company, get an EIN, and open a US business account through our licensed partner entirely from India.

Do I need to travel to the US to form the company?

No. Formation, the EIN application, and remote US business account opening with our licensed partner are all done online from India.

How do I bring the money I earn to India?

Through a FEMA-compliant inward remittance tagged with the correct RBI purpose code (e.g. P0802 for software/consultancy exports), settled by your Authorised Dealer (AD) bank, which issues a FIRC as documentation. StableCorp does not itself provide cross-border payment or remittance services in India.

Will I be taxed twice, in the US and India?

The India–US tax treaty (DTAA) is designed to provide relief from double taxation, and foreign tax credits often apply. The exact outcome depends on your entity type and income. As an Indian resident you must also disclose the US entity and US bank account in Schedule FA of your ITR each year; non-disclosure carries a ₹10,00,000 penalty under the Black Money Act 2015. Consult a cross-border CPA.

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