US Incorporation · FBAR/FATCA · India-US DTAA

US Incorporation & Compliance
for Indian Founders

Running a US LLC or C-Corp from India comes with its own compliance calendar; separate from, but connected to, your Indian filings. We handle both under one engagement.

Why This Needs a Specialist, Not Just a Generalist CA

An Indian founder with a US LLC or C-Corp is sitting on two overlapping compliance calendars: US state and federal filings, and Indian income tax and FEMA obligations. Missing either side is expensive; Form 5472 penalties alone start at $25,000 per year for a foreign-owned US entity that fails to file. We run both sides under a single engagement so nothing falls into the gap between a US-side accountant who doesn't know your Indian position, and an Indian CA who doesn't track US filings.

FBAR Threshold
$10,000 aggregate across foreign financial accounts at any point in the year triggers a FinCEN Form 114 filing.
Form 5472 Penalty
Starts at $25,000 per year for a foreign-owned US LLC or corporation that misses this federal information return.
BOI Reporting
A domestic US LLC, even if wholly foreign-owned, has been exempt from beneficial ownership reporting since March 2025.
Economic Nexus
US states can require sales tax registration from sales volume alone (commonly around $100,000) with no physical presence required.
Your Cross-Border CA

Who Handles Your US Compliance

CA Mehul Agrawal; US Cross-Border Compliance Consultant

CA Mehul Agrawal

Partner; International & Cross-Border Tax

Mehul advises Indian founders running US LLCs and C-Corps on entity structuring, IRS foreign-ownership filings, FBAR/FATCA disclosure, and how their US position interacts with Indian tax and FEMA compliance; the same cross-border discipline he applies to UAE Corporate Tax and transfer pricing engagements.

Common Questions

US Cross-Border FAQs for Indian Founders

I run a US LLC from India. What compliance actually applies to me?

At minimum: an annual state filing (annual report and/or franchise tax), a federal information return if your LLC is foreign-owned (usually Form 5472), and an FBAR/FATCA review of your Indian and US accounts. If you have US sales revenue, add state sales tax nexus monitoring. We map this out specific to your entity and state of formation.

Should I set up an LLC or a Delaware C-Corp?

If you plan to raise institutional venture capital, a Delaware C-Corp is almost always the right call; VC funds are structured to invest in stock, not LLC membership interests. If you are bootstrapping on your own revenue with no near-term fundraising plan, an LLC is usually simpler and cheaper to run, provided you plan for its pass-through "phantom income" tax treatment.

Do I need to file Form 5471 or Form 5472?

It depends on the direction of ownership. Form 5472 applies when a foreign person (you) owns at least 25% of a US entity; this is the form almost every Indian-owned single-member US LLC needs. Form 5471 runs the other way, for a US person owning a foreign corporation, which is not the typical scenario for an Indian founder with a US LLC.

Is a US LLC I own from India exempt from BOI reporting?

Yes, since FinCEN's March 2025 interim final rule. A domestic US LLC (including one wholly owned by a foreign person) is no longer required to file beneficial ownership information, because "reporting company" now only covers entities formed under a foreign country's law that register to do business in the US.

Can you handle both my US entity compliance and my Indian tax filings?

Yes. Running both under one engagement means your US LLC/C-Corp compliance, your Indian ITR and GST filings, and your India-US DTAA position are handled with a single point of accountability, rather than coordinating between two separate advisors who don't see each other's work.

Two Compliance Calendars, One Point of Accountability

Whether you need entity structuring advice, an overdue Form 5472, or a full US-India compliance review; we bring both sides of the border into one engagement.

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