🇮🇳 India → US Formation

🇮🇳 Starting a US 📊 S-Corp from India

Everything founders from India need to form a US S-Corp: banking, taxes, visa options, state recommendations, and step-by-step roadmap.

US Tax Treaty
Good
Banking Access
🏔️
Recommended State: Wyoming
H-1B
Common Visa Path

India → US S-Corp: What You Need to Know

Tax Treaty Status

US-India tax treaty in force — reduces withholding to 15% on dividends, 10-15% on royalties

US Banking Access

Mercury is #1 for Indian founders. Brex also works. Chase sometimes requires US visit for new accounts.

India-Specific Considerations

Key factors specific to founders from India.

DTAA (Double Taxation Avoidance Agreement) between US and India in force

H-1B holders must be careful about active business ownership — consult immigration attorney

Indian RBI regulations may restrict outward remittances above $250,000/year

GIFT City (Gujarat) has special provisions for US-registered entities

Why Choose a S-Corp?

✓ S-Corp Advantages

  • Avoids self-employment tax on distributions
  • Pass-through taxation
  • Retirement contribution benefits
  • Payroll tax savings at higher incomes

✗ Considerations

  • Must be US person (citizens/residents only)
  • Max 100 shareholders
  • One class of stock only
  • NOT available to non-resident aliens
  • Strict IRS eligibility requirements

Recommended State for India Founders: 🏔️ Wyoming

Maximum Privacy + Zero Tax. Wyoming offers maximum privacy and zero tax for international founders.

See Wyoming S-Corp Guide →

Visa Options for India Founders

H-1B

Available to India nationals. Consult an immigration attorney for eligibility.

L-1

Available to India nationals. Consult an immigration attorney for eligibility.

O-1A

Available to India nationals. Consult an immigration attorney for eligibility.

EB-5

Available to India nationals. Consult an immigration attorney for eligibility.

Step-by-Step: Form Your US S-Corp from India

1

Choose your state (Wyoming recommended)

2

Hire a registered agent in your chosen state

3

File your formation documents remotely

4

Get your EIN from the IRS (Form SS-4 — takes 1–4 weeks for foreign applicants)

5

Draft your Operating Agreement or Bylaws

6

Open a US business bank account (Mercury or Relay recommended for India founders)

7

Set up payment processing (Stripe, PayPal)

8

Understand your India-US tax obligations

⚠️ Disclaimer: This page is for informational purposes only and does not constitute legal, tax, or financial advice. Laws change — verify current fees and requirements with official state sources before filing. Consult a licensed attorney or CPA for advice specific to your situation. USLaunchStack is an AI-powered information platform, not a law firm.

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