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What order should you do things in when opening a US LLC from India?
The order is: decide structure and state, gather your documents, file the formation document, apply for the EIN, sign the operating agreement, open the bank account, connect payments, then set your compliance calendar. Each step uses the paper the previous step produced, so doing them out of sequence is how founders end up with a formed LLC and no bank account.
Quick Answer: Open a US LLC from India in this sequence: choose state and structure, prepare your passport and address proof, appoint a registered agent and file the Articles of Organization, wait for the approved formation document, apply for an EIN on Form SS-4 by fax or mail, sign the operating agreement, then apply for a US business bank account. The bank needs your EIN letter, and the EIN needs the approved formation document.
Non-US residents can legally own a US LLC, and the process is mostly remote [2]. The dependency chain is the part almost nobody explains up front:
- Your bank application needs the EIN letter (the IRS notice CP 575 or 147C letter showing your tax ID).
- Your EIN needs the state-approved formation document, because Form SS-4 asks for the entity's formation date and state.
- Your formation filing needs a registered agent (the person or company with a US address that accepts legal mail for your LLC) and a state.
- All of it needs your passport and address proof in hand before you start.
Say your LLC is approved on a Monday and you file the SS-4 the same week. The EIN letter lands weeks later, so your bank application starts then, not on Monday. Sequence the bank as step six in your head and you avoid a month of dead time.
The Indian-law overlay belongs before you file, not after. Setting up a business abroad is treated as Overseas Direct Investment (ODI) under India's FEMA rules [3]. Whether your structure triggers ODI reporting, and how the Liberalised Remittance Scheme applies to the money you send, is a question for an Indian chartered accountant. Ask before you wire the state fee.
If you want the formation and EIN handled in the right order, US LLC formation for non-residents covers both.
Which state and structure should an Indian founder choose before filing?
Most Indian founders with no US office pick Wyoming, Delaware or New Mexico. The choice turns on state fees, privacy and what investors expect, not on where you live. You do not need a US address to own the LLC.
| State | Formation fee | Annual obligation | Registered agent | Privacy |
|---|---|---|---|---|
| Wyoming | Check the current official fee | Annual report, check the current official fee | Required | Member names not public |
| Delaware | Check the current official fee | Annual franchise tax | Required | Member names not public |
| New Mexico | Check the current official fee | No annual report for LLCs | Required | Member names not public |
Every cell marked "check the current official fee" is a government fee set by the state. Do not trust a blog number, including this one. Open the Secretary of State's own fee schedule the day you file. Delaware is the default when you plan to raise from US investors, because they expect Delaware entities. Wyoming is cheaper to run and private. New Mexico skips the annual report entirely.
Structure comes next, and it must be settled before the SS-4. A single-member LLC has one owner. A multi-member LLC has two or more, and each member's percentage goes on the operating agreement and the bank's beneficial-ownership form. Member-managed means the owners run the company. Manager-managed means a named manager does, and that person signs as responsible party on the SS-4. Get this wrong and your state record, your SS-4 and your operating agreement tell three different stories.
Check the name against the state's own business search on its .gov site before you file. Not a naming agency, not a Google search. The state database is the only authority on whether your name is taken.
Which documents should you prepare in India before you file anything?
Gather five things before you touch a state form: passport copy, proof of Indian address, a working phone and email, two or three business name options, and your ownership percentages. With those in hand, the state form and the SS-4 can be completed in one sitting.
- Passport with your name exactly as printed. The name on your passport, the state filing and the SS-4 must match character for character. Middle-name abbreviations break bank onboarding more often than anything else.
- Address proof: a utility bill or bank statement showing your Indian address.
- Contact details you actually monitor. The IRS and the bank both use them.
- Name options ranked, in case the first is taken.
- Ownership split if there is more than one member.
You do not need a US address to own the LLC. The registered agent supplies a US address for state service of process and official mail. That is the agent's job, and it is the only US address you need at formation.
Heads-up: some banks and some states ask for notarised or apostilled documents. Requirements vary, so confirm with your chosen bank and state before you pay for an apostille.
How do you file the formation documents and appoint a registered agent?
You appoint the registered agent on the formation document itself, so choose the agent before you file. The state then issues the approved Articles of Organization (called a Certificate of Formation in some states), and that approved document is what you need for the EIN.
Filing is online or by mail. Online is faster and takes a card. The form asks for the LLC name, the registered agent's name and US address, the principal office address, the management structure and the organiser's signature. Processing time varies by state and season, and most states sell an expedite option for an extra government fee.
Keep the costs in separate buckets, because providers blur them:
- Government, one-time: the state formation fee and any expedite fee.
- Provider, recurring: the registered agent fee, billed every year for as long as the LLC exists.
- Government, recurring: the annual report or franchise tax.
Do not start the SS-4 before the approval arrives. The IRS wants the formation date and state, and a pending filing gives you nothing to enter. Wait for the stamped or emailed approval.
How do you apply for an EIN from India without an SSN or ITIN?
File IRS Form SS-4 by fax or mail. No SSN or ITIN is required. The responsible party is the owner, you leave the SSN/ITIN field blank and note that the responsible party is a foreign person, and the IRS issues the EIN to the entity, not to you.
Three lines decide whether the fax goes through:
- Entity type. Tick the LLC box and enter the number of members. This must match your formation document exactly.
- Responsible party. Your name and your Indian address, exactly as on your passport. Do not invent a US address here.
- Reason for applying. Starting a new business. Then request the confirmation letter by fax, which is the fastest route for a foreign applicant.
An EIN is the entity's federal tax ID. An ITIN is a personal tax ID for someone who cannot get an SSN. You need the first, not the second, to open a bank account. Many founders confuse the two and stall for months waiting on a W-7 they never needed.
Timelines move. Fax turnaround for foreign applicants has run from days to several weeks depending on IRS backlog, so plan for weeks rather than days. If the fax bounces, check the entity-type and member-count lines first. A mismatch with the state record is the usual culprit.
For the mechanics end to end, see getting an EIN as a non-US resident.
What should the operating agreement and ownership records contain?
A written operating agreement names the members, their ownership percentages, capital contributions, who manages the company and how it dissolves. Sign and date it after the EIN arrives and before the bank application. It is the document that proves who can sign and who owns what.
Banks collect beneficial-ownership information, and the operating agreement is what they check it against. If the agreement says two members at 50/50 and your bank form says one owner at 100%, the application stops.
A single-member LLC still benefits from a written agreement. It is short, it costs nothing but an hour, and it answers the bank's first question without a phone call.
Keep one folder with four things: the approved formation document, the EIN letter, the signed operating agreement, and passport copies. That is the exact packet the bank will request, and having it assembled turns a two-week back-and-forth into a single upload.
How do you open a US business bank account remotely from India?
Apply online with your formation approval, EIN letter, operating agreement and passport. Expect identity and beneficial-ownership verification, and possibly a video call. Approval is the provider's decision, not yours to assume, and policies change without notice.
| Route | Remote from India | Monthly fee | What they ask for |
|---|---|---|---|
| Traditional US bank | Sometimes, often needs a US visit or a video call | Varies | Formation docs, EIN letter, operating agreement, ID, sometimes a US address |
| Fintech business account | Usually fully online | Varies | Formation docs, EIN letter, ID, business description |
| Payment platform | Online | Varies | EIN, bank account, business details |
An LLC makes you eligible to apply. It does not guarantee acceptance.
This is step six, not step two. No EIN letter means no application, and no application means no account. Founders who apply early get a rejection they then have to explain on the next attempt.
If you want the in-person route instead, brick-and-mortar US bank account help covers what a physical bank asks for.
How do you set up payment collection from US customers?
Once the bank account exists, connect a payment processor to the LLC's EIN and the LLC's US account. The entity is the merchant. You, the Indian resident, are not.
Keep that distinction straight. Stripe, PayPal and Wise Business each onboard the business, not the individual, and each asks for the EIN, the bank details, a business description and a website or product description. Onboarding is a review, not a formality, and the provider decides.
The Indian side matters here. Money landing in an Indian personal account against a US LLC's revenue creates a mismatch that Indian tax and FEMA rules care about. Talk to a CA about how funds should move before your first payout, not after.
For the processor side, Stripe setup for non-US founders walks through onboarding.
Which US federal and state deadlines should go on your calendar now?
Three recurring obligations: the state annual report or franchise tax, the registered agent renewal, and the federal Form 5472 with a pro forma Form 1120 for a foreign-owned single-member LLC. All three repeat every year.
| Obligation | When | Who files | Cost type |
|---|---|---|---|
| State annual report or franchise tax | State-specific anniversary or fixed date | You or your agent | Government, recurring |
| Registered agent renewal | Annual | Your agent | Provider, recurring |
| Form 5472 + pro forma 1120 | Annual, with your US return | You or your CPA | Filing cost, recurring |
| Indian filings | Per Indian law | You or your CA | Professional, recurring |
The 5472/1120 requirement applies even when the LLC earned nothing in the US and has no US bank activity. That is the single most missed filing for foreign-owned LLCs, and the penalty for missing it is real money.
Your Indian filings run in parallel and sit outside this calendar. Put both on one page so neither drops.
Common Mistakes Indian founders make when forming a US LLC
- Filing before deciding structure. The SS-4 and operating agreement then contradict the state record, and the bank catches it.
- Starting the bank application without the EIN letter. Wait for the letter. It is a hard prerequisite.
- Assuming an ITIN is needed for the EIN. It is not. The SS-4 goes through with the SSN/ITIN field blank.
- Ignoring the Indian ODI and FEMA side until money moves. Ask your CA before you wire the state fee.
- Treating the registered agent fee as one-time. It renews every year, forever.
- Skipping Form 5472 because the LLC had no US income. It is still due.
- Name mismatches. Passport, state filing, SS-4 and bank form must read identically.
A US LLC does not change your Indian tax residency or make GST questions disappear. It is a US legal entity, and both countries get a view of it.
NexFyla helps non-US founders form US companies and set up EIN and US business banking support. If you want help with US LLC formation, EIN and business setup sequenced correctly, NexFyla can help.
Frequently Asked Questions
Can I open a US LLC from India without visiting the US? Yes. Formation, the EIN and most bank applications run remotely. Some banks still want a video call.
Do I need an SSN or ITIN to get an EIN for my LLC? No. File Form SS-4 by fax or mail as a foreign responsible party and leave the SSN/ITIN field blank.
How much does it cost to open a US LLC from India? Three separate costs: the state filing fee (government), the registered agent fee (provider, recurring), and optional expedite and bank minimums. Check each state's current fee schedule before filing.
Which state is best for an Indian resident's LLC? No single answer. Wyoming and Delaware are common. Pick on fees, privacy and investor expectations.
Do I have to file US taxes if my LLC earns nothing in the US? A foreign-owned single-member LLC files Form 5472 with a pro forma 1120 even with no US income. Confirm details with a CPA.
Is forming a US LLC from India allowed under Indian law? It is treated as Overseas Direct Investment under FEMA, and reporting may apply. Check with an Indian CA before you file.
*Last updated: February 2026.*
Related reading
- Can You Open a US LLC from India? What to Know First
- How to Register a US LLC from India: Step by Step
- US LLC From India: What the Structure Really Costs You
Ready to act on this? US company formation takes the filing, registered agent and paperwork off your desk.