How Indians Can Register a US LLC (Delaware, Wyoming, New Mexico) — 2026 Guide
US LLC registration for Indians — Delaware, Wyoming, New Mexico. EIN, ITIN, registered agent, fees. From $399. Bank account, Stripe, tax. FEMA compliance.
A US LLC is a popular structure for Indian founders building global SaaS, e-commerce, or services businesses. An LLC gives you limited liability in the US, access to US bank accounts, Stripe, US customers, and a credible global presence. In this guide, we cover the entire process for Indian residents — from choosing the state to FEMA compliance.
What is a US LLC?
A Limited Liability Company (LLC) is a US business structure that combines the limited liability of a corporation with the tax flexibility of a partnership. It is governed by state law (each US state has its own LLC act). Most Indians choose Delaware, Wyoming, or New Mexico for tax + privacy reasons.
Why Indians Register a US LLC
- Accept payments in USD via Stripe, PayPal, Square (Indian companies face restrictions)
- Sell on Amazon US, Shopify, Etsy (US LLC gets better trust + features)
- Build a global brand with US credibility
- Limited liability protection in the US
- Access to US banks (Mercury, Relay, Chase)
- Foreign investors prefer US LLC for cross-border investment
- Pass-through taxation (no US corporate tax for non-US owners)
Best States to Register
| State | Annual Fee | Franchise Tax | Privacy | Best For |
|---|---|---|---|---|
| Wyoming | $100 (formation) + $60 (annual) | None | Strong (no public owner info) | Most popular for non-US owners |
| Delaware | $90 (formation) + $300 (franchise tax) | $300/year | Moderate | If you plan to raise US VC or get sued |
| New Mexico | $50 (formation) + $0 (annual) | None | Strong | Cheapest to maintain |
| Nevada | $75 (formation) + $350 (annual) | None | Strong | Privacy + no state tax |
Step-by-Step Process
Step 1: Choose State + Registered Agent
Choose the state based on your needs. Wyoming is most popular for non-US owners (low cost + privacy). You also need a registered agent (a US-based entity that receives legal + tax notices on your behalf). Cost: $50-300/year.
Step 2: File Articles of Organization
File Articles of Organization with the state Secretary of State. Includes: LLC name, registered agent, principal address, organizer name, purpose. Filing fee: $50-500 depending on state.
Step 3: Get EIN (Employer Identification Number)
EIN is a 9-digit tax ID for the LLC. Issued by the IRS (free). For non-US owners without SSN, file Form SS-4 by fax or mail. Process: 4-6 weeks (fax) or 6-8 weeks (mail).
Step 4: File BOI Report (Beneficial Ownership Information)
As of 2024, all US LLCs must file a BOI report with FinCEN (Financial Crimes Enforcement Network). Free, online. Reports the beneficial owner's name, address, DOB, ID. Failure to file: $500/day penalty.
Step 5: Open US Bank Account
For non-US owners: Mercury, Relay, Wise Business. Documents: EIN, Articles of Organization, operating agreement, passport + address proof. Approval: 1-2 weeks.
Step 6: Set Up US Tax Filing
US LLCs owned by non-US persons are typically treated as "disregarded entities" (single-member) or partnerships (multi-member). File: Form 5472 (foreign-owned LLC), Form 1120 (multi-member), or state returns. Coordinate with US CPA.
FEMA Compliance for Indians
When an Indian resident incorporates a US LLC, FEMA (Foreign Exchange Management Act) compliance is required:
- Treat the LLC as your overseas investment (LRS route, $250K/year limit per FY)
- Form ODI (Overseas Direct Investment) reporting to RBI within 30 days of investment
- Annual return on foreign assets in Indian ITR (Schedule FA)
- FLA (Foreign Liabilities and Assets) return to RBI annually
- Tax: Indian resident is taxed on worldwide income (including LLC share of profit)
- Transfer pricing: if the LLC pays the Indian company for services, TP documentation required
Caution: Many Indians register a US LLC without FEMA compliance. This is a serious violation. RBI can impose penalties, restrict future remittances, and even cancel the ODI. Always file ODI + FLA + ITR Schedule FA.
Cost Breakdown
| Item | Cost |
|---|---|
| State filing fee | $50-500 (Wyoming $100) |
| Registered agent (1 year) | $50-300 |
| EIN filing | Free |
| BOI report | Free |
| US bank account | Free (Mercury, Relay) |
| Our service fee | From $399 |
| US annual maintenance (state + agent) | $150-400 |
| US tax filing (Form 5472 + state) | $500-1,500/year |
| Indian ITR filing (Schedule FA) | ₹2,999-₹5,999 |
Frequently Asked Questions
Q: Can Indians register a US LLC?
A: Yes. Indians (residents + NRIs) can register a US LLC. There is no restriction on US LLC ownership by foreign nationals. Indians need to comply with FEMA + ITR + ODI + FLA.
Q: What is the cheapest state for US LLC?
A: New Mexico ($50 filing, $0 annual) or Wyoming ($100 filing, $60 annual). Both offer strong privacy + no state income tax.
Q: Do I need a US address to register an LLC?
A: No. You can use a registered agent's address. The LLC's principal office can be in India (your home address).
Q: Do I need to visit the US to register an LLC?
A: No. The entire process can be done remotely via our service. You only need to be on a video call for the registered agent + bank account.
Q: How is US LLC taxed in India?
A: Indian resident is taxed on worldwide income. Share of LLC profit is taxable in India. Credit for US tax paid (if any). File ITR with Schedule FA.