How to Form a US LLC from India (Step-by-Step Guide)

Yes — an Indian resident can form a US LLC entirely from India, without visiting the United States, without an SSN, and without a US address. This guide explains exactly how to form a US LLC from India in 2026: choosing a state, filing, getting an EIN without an SSN, and opening a US business bank account from Bengaluru, Mumbai, Delhi, or anywhere else — remotely and legally.

Last updated: July 2026

Thousands of Indian founders, freelancers, SaaS builders, Amazon sellers, and agencies now run US companies while living in India. US federal law places no citizenship or residency requirement on LLC ownership, so the process is genuinely open to you. Below we walk through the full path — with India-specific notes on IST calling windows for the IRS, RBI and Liberalised Remittance Scheme (LRS) realities when funding your account, and a realistic day-by-day timeline.

Can You Form a US LLC From India Without Visiting the US?

Yes. When you research how to form a US LLC from India, the first worry is usually travel or immigration. Neither is required. Owning a US LLC does not give you a visa, and it does not require one. You can be a 100% owner (member) of a US limited liability company while remaining a tax resident of India.

The only US-side requirement is a registered agent — a person or company with a physical address in your chosen state who receives official mail on the company's behalf. You do not need your own US address, US phone number, or US partner. A formation service (or a US-based friend) supplies the registered agent, and everything else — the filing, the EIN, the bank account — is done online or by fax/mail.

There is no legal barrier on the Indian side either: an Indian resident may hold shares or membership in a foreign company. What you must handle correctly is the reporting — both to the IRS in the US and, where applicable, under RBI's Overseas Investment (OI) rules in India. We cover both below. Always confirm the current RBI position with a chartered accountant, because Indian foreign-investment rules change.

What You Need Before You Start (Checklist)

You can gather everything you need from home in an afternoon. Here is the practical checklist for an India-based founder:

• A valid passport — your primary photo ID for bank onboarding (Mercury, Relay, Wise).
• Proof of address in India — an Aadhaar, utility bill, or bank statement showing your residential address.
• Two or three company name options — in case your first choice is already taken in the state.
• A business description — one or two lines on what your company does (banks ask this).
• An email and phone number — your normal Indian mobile and email are fine.
• A registered agent — included when you use a formation service.
• Payment method — an international debit/credit card or bank transfer for the filing and service fees.

You do not need an SSN, an ITIN, a US visa, a US address, or a US phone number to start. If you already have an ITIN it can slightly speed up some steps, but it is not a prerequisite.

Step-by-Step: Forming Your US LLC From India

Here is the full sequence, in order.

1. Choose your state. Most non-resident founders pick Wyoming (low fees, strong privacy, no state income tax) or Delaware (preferred if you plan to raise venture capital). New Mexico is another low-cost option. If you are unsure, read our comparison of Wyoming vs Delaware for non-residents before deciding. As a rule of thumb: Wyoming for bootstrapped or solo businesses, Delaware if US investors are on your roadmap.
2. Reserve or confirm your company name. Search the Secretary of State's business database for your chosen state to confirm the name is available. Your name must include "LLC" or "Limited Liability Company." Keep a second choice ready.
3. Appoint a registered agent. This is mandatory in every state. The agent's in-state address becomes your company's official contact for legal and government mail. With UpToNova, one year of registered agent service is included.
4. File the formation document. This is the "Articles of Organization" (or "Certificate of Formation" in Delaware). It lists your company name, registered agent, and organizer. Once the state accepts it, your LLC legally exists. Filing typically completes in about 3 days.
5. Get your EIN without an SSN. The EIN (Employer Identification Number) is your company's US tax ID — you cannot open a bank account without it. As a non-resident with no SSN or ITIN, you cannot use the IRS online tool; you must file Form SS-4 by fax or mail. This is the step that trips up most Indian founders, so we cover it in detail next.

Getting Your EIN Without an SSN From India

The EIN is where the India timeline gets real. The fast IRS online EIN tool requires an SSN or ITIN, so it is closed to most Indian applicants. Instead you file Form SS-4, the official EIN application, by fax or mail.

The key detail: on SS-4 line 7b (the responsible party's SSN/ITIN/EIN), a non-resident with no SSN or ITIN simply writes "Foreign." That single word is what lets you apply without a US tax ID. You sign as the responsible party, list the LLC, and submit.

• By fax to the IRS international EIN fax number, +1 (304) 707-9471 — usually the fastest route for non-residents, often a few business days.
• By mail — the slowest route, roughly 4-6 weeks.

There is no same-day online EIN for applicants without an SSN or ITIN — anyone promising an "instant EIN" without a US tax ID is misinformed. From India, fax is the practical choice; an online fax service works fine. If you would rather not deal with the IRS yourself, UpToNova handles the entire SS-4 filing for you — see our full walkthrough on how to get an EIN without an SSN. Note that a 147C letter is different: it re-verifies an EIN you already have, and you request it from the IRS Business & Specialty Tax Line at 1-800-829-4933.

How Long Does It Take From India?

Here is a realistic end-to-end timeline. The single biggest variable is the EIN, because of the fax-or-mail rule above. All IRS phone lines run on US Eastern Time (EST/EDT), which is 9.5 to 10.5 hours behind IST — so if you need to call, the IRS line (open roughly 6:00 AM-11:00 PM ET on weekdays) maps to roughly 4:30 PM to 8:30 AM IST the next day. Plan your calls for the evening in India.

Step	Typical time	India note
State LLC filing	~3 days	Done online; no calls needed
EIN via fax (SS-4)	A few business days	Fax +1 (304) 707-9471; use an online fax service
EIN via mail (SS-4)	~4-6 weeks	Slowest; avoid if you can
Bank account approval	1-3 days after EIN	Mercury/Relay onboarding is fully online
Total (fax path)	~1-2 weeks	Realistic for most Indian founders

State filing fees and IRS processing times change; verify the current figures with the Secretary of State and IRS.gov before you rely on them. When you file via fax rather than mail, most Indian founders are fully operational — company, EIN, and bank account — within two weeks.

Opening a US Business Bank Account From India

Once your LLC is formed and your EIN letter arrives, you can open a US business bank account remotely. The three services that reliably onboard India-based, non-resident founders are:

• Mercury — popular with startups and SaaS; fully online application, no US visit.
• Relay — strong for multiple sub-accounts and bookkeeping.
• Wise Business — excellent for multi-currency and receiving USD/INR conversions at near-mid-market rates.

To apply you will typically upload your LLC formation documents, your EIN confirmation letter, your passport, and a description of the business. UpToNova includes guidance to open your account with Mercury, Relay, or Wise as part of the service. For a deeper comparison, see our guide to opening a US business bank account as a non-resident.

The RBI / LRS Reality When Funding Your Account

This is the India-specific step most guides skip. Moving money from your Indian bank to your new US business account is a foreign remittance, and it is governed by RBI rules. Under the Liberalised Remittance Scheme (LRS), a resident individual can remit up to USD 250,000 per financial year for permitted purposes — but sending money to capitalise or invest in your own foreign company falls under RBI's Overseas Investment (OI) framework, which has its own conditions and reporting.

In practice this means: keep your initial capital modest, keep clear records of every transfer, and talk to a chartered accountant about whether your remittance is treated as LRS, Overseas Direct Investment (ODI), or Overseas Portfolio Investment (OPI). Also note that outward remittances above the annual threshold attract TCS (Tax Collected at Source) — the rate and threshold change, so confirm the current figure. None of this stops you from operating; it just means you should structure funding deliberately rather than wiring large sums on impulse. RBI rules change frequently — verify the current position before remitting.

Do You Need an ITIN or SSN?

No. You do not need an SSN or an ITIN to form a US LLC, to get an EIN, or to open a business bank account. This is the single most common point of confusion for Indian founders, so let's be precise:

• SSN (Social Security Number) — issued only to US citizens and certain visa holders. You will not have one, and you do not need one.
• ITIN (Individual Taxpayer Identification Number) — a personal US tax ID for individuals who must file a US personal return. You only need one if you personally have a US filing obligation (for example, certain US-source income). Many LLC owners never need an ITIN.
• EIN (Employer Identification Number) — your company's tax ID. This is the one you actually need, and you get it via SS-4 with "Foreign" on line 7b, as described above.

So the honest answer is: get the EIN (company), skip the SSN entirely, and only pursue an ITIN later if a US personal filing obligation arises.

Costs to Form a US LLC From India

Costs fall into two buckets: the one-time formation cost and small annual upkeep. Here is a transparent breakdown using UpToNova's flat pricing.

Item	Cost	Notes
UpToNova service fee	Flat $200	Includes filing, 1 yr registered agent, EIN filing, operating agreement, bank guidance
State filing fee	Varies by state	Wyoming is among the lowest; verify the current fee with the Secretary of State
EIN filing	Included	Obtained without an SSN via SS-4
Registered agent (year 1)	Included	Renews annually after year 1
Annual state report / franchise	Varies by state	Small yearly fee to keep the LLC in good standing

UpToNova charges a flat $200 service fee plus the state filing fee — no SSN, no US address, and no travel required, for founders across 50+ countries. Because state fees change, always check the current amount on the Secretary of State's website before budgeting. See full, itemised numbers on our pricing page.

Taxes and Annual Compliance for Indian-Owned LLCs

Forming the LLC is the easy part; staying compliant is what protects you. A single-member LLC owned by a non-resident is, by default, a foreign-owned disregarded entity for US tax purposes — and that triggers a specific, non-optional filing.

Form 5472 — the filing you must not miss

A foreign-owned single-member (disregarded) LLC must file Form 5472 attached to a pro forma Form 1120 every year — even if the LLC owed $0 in US tax. This reports transactions between you and your company. The stakes are high: under IRC Section 6038A, the minimum penalty for a late or missing filing is $25,000. It is generally due with Form 1120 by April 15 (or October 15 with an extension). Read more on when and whether non-resident LLCs actually pay US tax — for many Indian owners with no US-effectively-connected income, the US tax bill is zero, but the 5472 filing is still mandatory.

US tax vs Indian tax

If your LLC has no income effectively connected to a US trade or business and no US-source income, it generally owes no US federal income tax — but you must still file 5472. Separately, as an Indian tax resident, your worldwide income (including profits you draw from the LLC) is taxable in India under the Income Tax Act, and you may need to disclose the foreign company in Schedule FA of your Indian return. The India-US tax treaty helps avoid double taxation. Always confirm your position with a CPA (US side) and a chartered accountant (India side).

BOI / FinCEN reporting

Beneficial Ownership Information (BOI) reporting under the US Corporate Transparency Act has been volatile. In 2025, FinCEN narrowed the requirement, largely limiting BOI reporting to foreign reporting companies. Because this rule keeps changing, do not treat any BOI deadline as settled — check the current requirement directly on FinCEN.gov before you act, and confirm whether your specific LLC must file at all.

Common Mistakes Indian Founders Make

Avoid these and your formation will go smoothly:

• Trying the online EIN tool. It requires an SSN/ITIN and will fail — use SS-4 by fax instead.
• Forgetting Form 5472. The $25,000 minimum penalty is real. Calendar it every year.
• Wiring large capital without checking RBI/LRS rules. Structure funding deliberately and keep records.
• Picking Delaware by default. Unless you are raising VC, Wyoming is usually cheaper and simpler.
• Using a fake or borrowed US address. Use a proper registered agent instead.
• Assuming an LLC gives a visa. It does not — ownership and immigration are separate.
• Ignoring Indian disclosure (Schedule FA). Report the foreign company on your Indian return.

LLC vs C-Corp — Which Should You Choose From India?

Most Indian founders should choose an LLC. It is cheaper to run, has simpler compliance, and avoids the double taxation of a C-Corp. The main reason to choose a C-Corporation (usually a Delaware C-Corp) is if you plan to raise money from US venture capital or issue stock options to a team — investors strongly prefer the C-Corp structure.

Factor	LLC	C-Corp
Best for	Freelancers, SaaS, agencies, Amazon sellers	VC-backed startups
Taxation	Pass-through (disregarded by default)	Corporate tax, then dividend tax
Compliance	Lighter; Form 5472 if foreign-owned	Heavier; corporate returns, board formalities
Raising VC	Difficult	Standard and preferred
Cost to run	Lower	Higher

If in doubt and you are not raising US venture capital, start with an LLC — you can convert later if your plans change.

Frequently Asked Questions

Can I form a US LLC from India without an SSN?

Yes. Neither an SSN nor an ITIN is required to form a US LLC or to get an EIN. You appoint a registered agent, file the formation document, and obtain the EIN by submitting Form SS-4 by fax or mail, writing "Foreign" on line 7b where your US tax ID would go. No US visit is needed at any point.

How long does it take to form a US LLC from India?

State filing usually completes in about 3 days. The EIN is the variable: a few business days by fax to +1 (304) 707-9471, or roughly 4-6 weeks by mail. Using the fax path, most Indian founders have a formed company, an EIN, and a US bank account within one to two weeks.

Do I need to pay US taxes on my Indian-owned LLC?

Often no US income tax is due if the LLC has no US-effectively-connected income, but a foreign-owned single-member LLC must still file Form 5472 with a pro forma Form 1120 every year — the minimum penalty for missing it is $25,000. As an Indian resident, you also report the income in India. Confirm with a CPA and a chartered accountant.

Can I open a US bank account from India remotely?

Yes. Mercury, Relay, and Wise Business onboard India-based non-resident founders fully online once you have your LLC documents and EIN letter. You upload your passport and formation papers — no US visit is required. Remember that funding the account from India is a foreign remittance governed by RBI's LRS and Overseas Investment rules.

Which state is best for an Indian founder — Wyoming or Delaware?

Wyoming suits most bootstrapped Indian founders: low fees, privacy, and no state income tax. Choose Delaware if you plan to raise US venture capital, since investors prefer it. For everyone else, Wyoming is typically the simpler and cheaper choice. Compare both in detail before you commit to a state.

Do I need to report my US LLC to the Indian authorities?

Likely yes. As an Indian tax resident, you generally must disclose foreign assets and companies in Schedule FA of your income tax return, and remittances to fund the LLC fall under RBI's LRS and Overseas Investment rules. These rules change often, so confirm your exact obligations with a chartered accountant before acting.

Start Your US LLC From India Today

You do not need an SSN, a US address, or a plane ticket. UpToNova forms your US LLC for a flat $200 plus the state filing fee, filing in about 3 days and handling your EIN without an SSN, your registered agent, your operating agreement, and your bank-account guidance — all from India. See pricing and start your US LLC today.

This guide is general information, not legal or tax advice — consult a licensed attorney or CPA for your situation.