Why should an Indian startup incorporate in the US?

Common reasons: access to US-based customers & enterprise contracts that prefer a US counterparty; US venture capital and accelerator participation (most US VCs require a Delaware C-Corp); IP protection in US courts; preparation for a US listing or acquisition exit; and product-led growth that requires US payment rails & banking.

Delaware C-Corp or LLC — what's right for an Indian founder?

Delaware C-Corp is the default for VC-fundable startups (clean cap table, preferred-stock support, QSBS eligibility). LLC suits consulting / service businesses that don't need outside equity. We help pick the right one based on funding plans, product type and exit horizon.

What is the cost of US incorporation?

Bharat Quantum Prospera offers end-to-end US incorporation packages from $999. The cost typically covers entity formation (Delaware or Wyoming), EIN registration, registered agent for 1 year, founders' stock issuance, basic governance documents, and onboarding support for US banking.

How long does US incorporation take?

Standard formation completes in 5–10 business days. EIN can take 1–4 weeks (faster for non-ITIN founders via Form SS-4 by fax). US bank account onboarding takes 1–4 weeks depending on the bank (Mercury, Brex, Wise) and KYC. Full setup including bank is typically 2–6 weeks.

Do I need to visit the US to incorporate?

No. The entire process — Delaware C-Corp or LLC formation, EIN, registered agent, founders' stock — can be done remotely. US bank account onboarding with Mercury / Brex / Wise also works fully online for most Indian founders.

How does the Indian holding company link to the US C-Corp?

Common structures include: (a) US parent with Indian subsidiary (most VC-friendly, used in 'flip' structures); (b) Indian parent with US subsidiary (cleaner for India-led businesses); (c) standalone US entity for US-only contracts. Each has different tax, ODI and FDI implications — we model trade-offs.

What is a US-India 'flip' structure?

A flip is the restructuring where the original Indian operating company becomes a wholly-owned subsidiary of a newly formed US Delaware C-Corp, often with shareholder share-swap. Used pre-VC funding to satisfy US investors. Has GAAR, valuation and stamp-duty implications we plan carefully.

What ongoing US compliance is required?

Annual Delaware franchise tax (often $400–$3,000+), federal Form 1120 income tax return, state filings, foreign-owned reporting (Form 5472 if US entity is foreign-owned), and beneficial ownership reporting under CTA. We provide ongoing US-side compliance support.

How are profits remitted back to India?

Profits from a US subsidiary can be repatriated as dividends (subject to US withholding under US-India DTAA, currently up to 15%), service fees (with transfer-pricing study), or interest. Each has different tax treatment in both countries — structuring is critical.

Can a non-US-resident founder hold all shares of a Delaware C-Corp?

Yes. Delaware allows non-resident foreign nationals to be sole shareholders, directors and officers of a C-Corp. No US visa or residency is required for ownership. US tax presence is created only by actual US operations or US-source income.

US Incorporation for Indian Founders | Delaware C-Corp & LLC

Why CA-led, not just incorporation-as-a-service

Stripe Atlas, Doola, Firstbase — they file the paperwork. We carry the mandate.

The US side of incorporation is the easy part. Anyone with $500 and a Stripe Atlas form can do it. The hard part is the Indian side: ODI compliance under FEMA, RBI reporting, transfer pricing implications, treaty positions on royalties & dividends, and clean books that hold up at fundraise. That's where 80% of Stripe Atlas customers end up paying a CA later — usually in panic.

We do both, in one mandate, for one fee.

What you actually need
Stripe Atlas / Doola
BQP
Delaware C-Corp / Wyoming LLC formation
✓
✓
EIN application
✓
✓
US bank account (Mercury / Brex / Relay)
✓
✓
FEMA & RBI ODI compliance from India
✗
✓
Annual ROC & APR filings (Indian side)
✗
✓
Transfer pricing & intercompany agreements
✗
✓
83(b) election filing within 30 days
Sometimes
✓
VC-ready cap table & SAFE templates
✗
✓
Real human CA on call
✗
✓

Process

How we work.

A structured engagement — from first conversation to delivered outcome. Each mandate follows a transparent process so founders always know what's next.

Step 01 / 05

Consultation

We assess your business model, target market, and optimal US entity structure.

Step 02 / 05

Entity Selection

Choose between LLC, C-Corp, or S-Corp based on funding plans, tax implications, and liability needs.

Step 03 / 05

Incorporation

File formation documents, obtain EIN, appoint registered agent, and complete state registrations.

Step 04 / 05

Compliance

Draft operating agreements, bylaws, initial resolutions, and set up statutory compliance calendar.

Step 05 / 05

Banking & Operations

Open US business bank account, set up payment infrastructure, and ensure ongoing compliance.

Scope

What we cover.

The full range of expertise we bring to every engagement in this practice.

Delaware LLC and C-Corp incorporation
Wyoming LLC formation for privacy and asset protection
EIN (Employer Identification Number) application with IRS
Registered agent appointment and maintenance
Operating agreements and corporate bylaws drafting
US bank account opening assistance (Mercury, Relay, traditional banks)
Stripe/payment gateway setup for US entities
Annual franchise tax filings and state compliance
BOI (Beneficial Ownership Information) reporting
Foreign qualification in multiple states
FEMA/RBI compliance for Indian founders investing in US entities (ODI reporting)

Deliverables

What you receive.

Tangible outputs — documents, filings, and transaction artefacts delivered on every mandate.

01 Deliverable

Certificate of Incorporation/Organization

02 Deliverable

EIN confirmation letter

03 Deliverable

Operating Agreement / Bylaws

04 Deliverable

US bank account setup

05 Deliverable

Compliance calendar & checklist

Packages

Three packages. Transparent. No surprises.

Pricing depends on entity type, state, and whether your Indian co. is making the investment. Every quote is firm — no upsells mid-mandate.

/ STARTER

Founder Solo

Best for: Solo founder, no Indian-co. investment. LLC or single-member C-Corp.

From ₹65k

+ state & agent fees (~$300)

→ Delaware or Wyoming LLC
→ EIN application
→ Registered agent (1 yr)
→ Operating Agreement
→ Mercury / Relay account assist
→ Compliance calendar

Start with Solo →

Most Founders

/ STANDARD

VC-Ready C-Corp

Best for: Raising or planning to raise. Indian co. investing into US entity.

From ₹1.4L

+ state, agent & banking fees

→ Everything in Starter
→ Delaware C-Corp (VC-standard)
→ Bylaws + Initial Resolutions
→ Cap table + Stock issuance
→ 83(b) election filing
→ FEMA ODI structuring (India)
→ RBI Form ODI filing
→ Stripe / payment gateway setup
→ SAFE / convertible note templates

Start with Standard →

/ PREMIUM

Flip Structure

Best for: Existing Indian co. flipping to US parent (VC-mandated structure).

From ₹3.5L

+ valuation & legal opinions

→ Everything in Standard
→ Indian co. → US parent flip
→ Share-swap structuring
→ Section 56 (angel tax) opinion
→ Transfer pricing study
→ Intercompany agreements
→ DTAA position memo
→ ROC + RBI filings end-to-end

Discuss the Flip →

Choosing your state

Delaware or Wyoming. Which state is right for you?

For most Indian founders, the answer is one of two: Delaware C-Corp if you're raising VC, or Wyoming LLC if you're not. Here's the honest comparison:

Factor
Delaware C-Corp
Wyoming LLC
VC fundraising
98% of US VCs require this
Most VCs won't fund
Annual tax / fees
$400–$800 (franchise tax + agent)
$60 + agent (~$200 total)
Setup speed
1–3 days
Same day possible
Privacy of ownership
Public officers
Strong privacy
Stock options / ESOP
Native — designed for it
Awkward — needs profit interests
US tax treatment
21% corporate tax + dividends
Pass-through (single-tier)
Court system
Court of Chancery (best in US)
Standard state court
Best for
VC-backed startups, SaaS, fintech
Bootstrapped, e-commerce, consulting, holding co.

Not sure which one fits? A 30-minute consultation with us settles it permanently. We pull together your fundraise plans, ESOP intent, target market, and Indian-co. structure — and tell you straight, no upsell.

Frequently asked

The honest questions, the honest answers.

          Do I need a US visa or SSN to incorporate?
          +
        

No. Indian founders can incorporate a Delaware C-Corp or Wyoming LLC entirely from India — no US visa, no SSN, no physical presence required. The EIN is issued without an SSN through Form SS-4 with ITIN-equivalent processing. We handle the entire filing remotely.

          How long does it actually take, end-to-end?
          +
        

Realistic timeline: 4–8 weeks from kickoff to operational US entity with bank account. Entity formation: 1–7 days. EIN: 1–4 weeks (faster with our process). US bank account: 2–6 weeks (Mercury is faster than traditional banks). FEMA ODI filing on the Indian side: 3–6 weeks running parallel. Anyone promising "incorporated in 24 hours" is leaving out the bank account and ODI compliance — that's where founders get stuck.

          Should I pick Delaware C-Corp or Wyoming LLC?
          +
        

If you're raising US VC: Delaware C-Corp (98% of US-listed companies are Delaware C-Corps). If you're bootstrapped, running e-commerce, doing consulting, or holding US assets: Wyoming LLC is faster, cheaper ($60/yr vs $400+), and has stronger privacy. We help you pick — usually a 15-minute conversation is enough.

          What about FEMA / ODI compliance from the Indian side?
          +
        

If your Indian company is investing into the US entity, you must file Form ODI with RBI through your AD bank within 30 days, plus annual APR (Annual Performance Report). Stripe Atlas / Doola / Firstbase do not handle this — we do. Skipping ODI compliance is a FEMA violation that compounds at fundraise diligence.

          What's the total cost, including hidden fees?
          +
        

Wyoming LLC (Starter): ₹65k professional fee + ~$300 state & agent fees = ~₹95k total. Delaware C-Corp (Standard, VC-ready): ₹1.4L professional fee + ~$500 state, agent & banking = ~₹1.9L total. Annual recurring: ~$400 (Wyoming) or ~$800 (Delaware) for state filings + registered agent. We tell you the all-in number before you sign.

          Can I open a US bank account without flying to the US?
          +
        

Yes. Mercury, Brex, and Relay open accounts for non-US founders remotely with EIN, formation docs, and ID. We help you pick the right one based on your business model and pre-prepare your application — most accepted within 2–3 weeks. Traditional banks (Chase, Bank of America) typically require US presence; we don't recommend those for new entities.

          What's an 83(b) election and do I need to file it?
          +
        

If you're a Delaware C-Corp founder receiving founder stock subject to vesting, you must file Form 83(b) within 30 days of receiving the stock with the IRS. Missing this deadline costs founders six- and seven-figure tax bills at exit. Doola/Atlas often miss this — we file it as a default for every C-Corp client.

          Can I "flip" my existing Indian company into a US parent later?
          +
        

Yes — this is the Flip Structure (our Premium package). It's a share-swap where Indian shareholders receive US parent stock in exchange for their Indian-co. shares. Done right, it's tax-neutral; done wrong, you trigger Section 56 (angel tax) or Section 9 (deemed accrual). It's complex — needs valuation reports, transfer pricing study, ODI/FDI structuring, and SEBI/RBI permissions. Don't attempt this with a generic incorporation service.

          How are you different from Stripe Atlas, Doola, Firstbase?
          +
        

Atlas / Doola / Firstbase are SaaS products — automated form-fillers. Great for the US filing, blind to the Indian side. BQP is a CA-led mandate — same fee covers both jurisdictions. We handle FEMA, ODI, transfer pricing, ROC, RBI, and your fundraise diligence pack. We're not cheaper on the US-only piece, but we're 10x cheaper than fixing it later when fundraise diligence flags non-compliance.

          How do I start? What's the first conversation like?
          +
        

Email durgesh@bqpartners.in or WhatsApp +91 78018 87130. Tell us your business, fundraise plans, and timeline. We respond within 1 working day with a 30-minute call slot. Call is free — we use it to recommend Wyoming vs Delaware vs Flip, give you a firm fee quote, and answer everything. Engage if it fits, walk away if it doesn't.

Start the conversation

Tell us about your business. Get a firm quote in one working day.

Email or WhatsApp — both work. Send a short note about your business model, fundraise plans, and timeline. We reply with a 30-min slot to confirm Wyoming vs Delaware vs Flip and give you all-in pricing. Free. No upsell. No SDR.

Email Durgesh → WhatsApp → +91 78018 87130

Engagements that often accompany this mandate.

US Incorporation, done right.

Stripe Atlas, Doola, Firstbase — they file the paperwork. We carry the mandate.

How we work.

Consultation

Entity Selection

Incorporation

Compliance

Banking & Operations

What we cover.

What you receive.

Three packages. Transparent. No surprises.

Founder Solo

VC-Ready C-Corp

Flip Structure

Delaware or Wyoming. Which state is right for you?

The honest questions, the honest answers.

Tell us about your business. Get a firm quote in one working day.

Adjacent practices.

US Incorporation, done right.

Stripe Atlas, Doola, Firstbase — they file the paperwork. We carry the mandate.

How we work.

Consultation

Entity Selection

Incorporation

Compliance

Banking & Operations

What we cover.

What you receive.

Three packages. Transparent. No surprises.

Founder Solo

VC-Ready C-Corp

Flip Structure

Delaware or Wyoming. Which state is right for you?

The honest questions, the honest answers.

Tell us about your business. Get a firm quote in one working day.

Adjacent practices.

US payroll from India

Pay US taxes from India

What is FATCA

What is FBAR

Form W-8BEN

International Expansion

Global Taxation

Corporate Legal