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Quick Answer
An Indian passport holder can form a US LLC without an SSN, ITIN, US visa or US address. You file articles of organization with a state, appoint a registered agent with a physical US street address in that state, then apply to the IRS for an EIN using Form SS-4 with "Foreign" written on line 7b. Non-US residents can legally own a US LLC without citizenship or a green card [4][8]. The state filing and the EIN are two separate applications to two separate agencies, and the EIN never arrives automatically with your LLC.
Which US state should an Indian founder choose for an LLC?
For a solo Indian founder with no US venture investors, pick the state where your registered agent sits. Wyoming and New Mexico are the usual picks. Delaware is for founders who plan to raise from US venture funds, not for a one-person software or consulting LLC.
That answer annoys people who have read that Delaware is the startup state. Delaware earns that reputation because US venture capital firms and their lawyers are comfortable with its corporate law. If you are bootstrapping from Pune or Bengaluru, you get the Delaware franchise tax bill and none of the benefit.
Here is the comparison that matters. Government fees are what the state charges. Provider fees are what a registered agent or formation service charges. Keep them apart when you budget.
| Delaware | Wyoming | New Mexico | |
|---|---|---|---|
| Formation fee (government) | Check the current official fee | Check the current official fee | Check the current official fee |
| Annual report / franchise tax (government, recurring) | Franchise tax applies | Annual report applies | No annual report |
| Registered agent (provider, recurring) | Required | Required | Required |
| Member privacy | Members not listed on the public filing | Members not listed on the public filing | Members not listed on the public filing |
| State income tax on a non-resident owner | Varies | Varies | Varies |
| Fit for a solo Indian founder | Only with US investors | Good default | Good default |
State fees change. Wyoming, Delaware and New Mexico have all adjusted theirs in recent years, so check the Secretary of State fee schedule on the day you file rather than trusting a blog table, including this one.
Say your SaaS product earns its first dollars from US customers. You form in Wyoming, pay the state filing fee once, and pay an annual report and agent renewal every year after. Your total yearly state-level cost stays small. The same company in Delaware carries a franchise tax on top.
If you want the full state-by-state cost breakdown before you decide, US LLC formation for non-residents covers the filing and registered agent setup in one place.
What identifying documents does an Indian applicant need to file?
Your Indian passport is the main ID. No SSN, ITIN or US visa is needed to file articles of organization, the document that legally creates your LLC with the state.
What the state actually asks for on the articles is narrow:
- LLC name, plus one or two backups in case yours is taken
- Registered agent name and US street address in the formation state
- Organizer name and address (the person filing, which can be you or your agent)
- Sometimes a short statement of purpose, usually "any lawful business"
- Passport bio page scan
- Proof of Indian residential address, such as a utility bill or bank statement
- A payment method that clears on a US state portal
- A signed engagement with your registered agent
Your passport number does not go on the state filing. The passport becomes essential later: it is the responsible party ID for the EIN and the identity document for bank KYC (know-your-customer checks).
What to have ready before you start:
Heads-up: some state portals reject non-US address formats, particularly Indian PIN codes entered with spaces or a state name the dropdown does not recognise.
How does a registered agent work when you live in India?
A registered agent is a person or company with a physical US street address in your formation state who accepts legal notices and state mail for your LLC. You cannot use a PO box, and you cannot use your Indian address.
This is the step most guides tick off in one line. For an Indian founder it decides three things: whether the state accepts your filing, whether your home address stays off the public record, and whether bank and IRS mail reaches you at all.
The agent receives state annual report notices, service of process (a lawsuit notice, if one ever comes) and tax correspondence. A good agent scans and forwards it the same week. They do not handle your taxes or your bank.
Two addresses get confused constantly:
- Registered agent address. Public, must be a physical street address in the formation state. This is the one the state uses for official contact.
- Mailing or business address. Where you actually receive mail. A virtual mailbox in the US works well, and so does your Indian address in many states.
Using a friend's US address as your registered agent is the mistake to avoid. If a legal notice lands at their house and they forget to tell you, you lose by default. Their address also becomes public next to your company name.
Say you form a Wyoming LLC and use a commercial agent in Cheyenne. The state mails the annual report reminder to the agent, the agent scans it to your inbox in Bengaluru, and you file online before the deadline. No US address of yours is ever printed on a public document.
What is the difference between the formation filing and the EIN application?
The formation filing is a state act that creates the LLC. The EIN is a federal tax ID issued by the IRS. Different agency, different form, different timeline.
Sequence matters here:
- File articles of organization with the state and wait for approval. Turnaround runs from a day to a few weeks depending on the state and whether you pay for expedited handling.
- Receive the approved articles and your state entity number.
- Apply to the IRS for the EIN using Form SS-4.
- Open the bank account once the EIN is issued.
Some formation services advertise "EIN included." That means they prepare and fax the form for you. The IRS still issues the number, and the IRS can still reject the application.
One more point that surprises founders: a single-member LLC owned by a non-resident is disregarded for US federal income tax. That does not remove the EIN requirement. You need the EIN to file Form 5472 with a pro forma Form 1120 each year, and to pass bank onboarding.
How do you get an EIN without a US Social Security Number?
File IRS Form SS-4 and write "Foreign" on line 7b where the form asks for an SSN, ITIN or EIN. Leave the SSN field blank. Complete your Indian address and name the Indian member as responsible party.
Line by line, the parts that cause rejections:
- Entity type. For an LLC, check "Other" and write "Foreign-owned single-member LLC" or "Disregarded entity."
- Responsible party. That is you, the member. Use your name exactly as it appears on your passport and on the state filing.
- Reason for applying. "Banking purposes" or "Started new business" both work.
- Fax number for the reply. The IRS faxes the EIN back. If this field is blank or wrong, you wait weeks for nothing.
- Indian address written in a format the IRS system does not parse
- Wrong entity classification on the form
- No fax number for the reply
- Name mismatch between the SS-4 and the state filing
How to send it. International applicants can fax the form or call the IRS international line at +1 267-941-1099, which is not toll-free [4]. Fax processing for international applicants runs several weeks in normal periods. The phone line is faster when you get through, and hold times are long.
The rejection reasons repeat:
Suppose your articles say "Nimbus Labs LLC" and your SS-4 says "Nimbus Lab LLC." The IRS can bounce it on the mismatch. Copy the name character for character from your approved articles.
If you would rather not manage the fax and the hold queue, getting an EIN as a non-US resident is the route NexFyla handles for founders.
Which address should appear on the public filing?
Put your registered agent's US street address as the registered office. Keep your Indian home address off the public record if privacy matters to you.
There are three addresses in play, and each has a job:
| Address | Public? | Use it for |
|---|---|---|
| Registered agent address | Yes | State service of process and official notices |
| Principal office address | Often public | A US virtual mailbox keeps this private |
| Mailing address | Usually not public | Bank statements and IRS letters |
Many states let you list an Indian address as principal office. It is legal. It also prints your home address on a searchable state database, and some banks flag a foreign principal address during onboarding.
Tip: a US virtual mailbox costs little and gives you a clean US mailing address for bank and IRS correspondence. Mail from the IRS does not forward reliably to India, and a lost notice is how penalties start.
How do you keep the LLC compliant from India after formation?
Track four things on a calendar: the state annual report, registered agent renewal, Form 5472 with pro forma Form 1120, and BOI reporting. All of it is doable remotely, and none of it is optional.
| Item | Who | When | If you skip it |
|---|---|---|---|
| State annual report or franchise tax | State | State deadline, often the anniversary month | Late fees, then administrative dissolution |
| Registered agent renewal | Provider | Annual | Agent lapses, state can dissolve the LLC |
| Form 5472 + pro forma 1120 | IRS | April 15, extension available | $25,000 penalty per form |
| BOI report | FinCEN | One-time, then updates within the set window | Civil and criminal penalties |
Form 5472 is the one that hurts. A foreign-owned single-member LLC files it with a pro forma Form 1120, and reportable transactions include capital you put in and payments between you and the LLC [2]. The penalty for not filing is $25,000 per form. That is not a typo.
BOI reporting sits under the Corporate Transparency Act. FinCEN's March 2025 interim final rule exempted US persons from reporting, but foreign owners of US companies still report. Advice that BOI is "dead" is wrong for you. Check fincen.gov for the current rule before you rely on any blog.
On double taxation, the US-India tax treaty exists to stop the same income being taxed twice, but how it applies to your LLC depends on entity classification, residency and where the income arises. Take a qualified tax professional's view on your facts. Federal tax support for Form 5472 and Form 1120 is where most founders start.
What can be prepared before the filing is submitted?
Get five things ready and the filing goes in clean the first time: name search, registered agent engagement, US mailing address, a payment card that works on US portals, and your EIN details.
Checklist:
- Name availability checked on the state database, with two backups
- Signed registered agent consent, if your state requires one at filing
- Decision made on principal office address
- Passport scan and Indian address proof ready
- Payment card tested, with a backup card
- Bank shortlist (Mercury, Wise, Lili and similar) with their KYC document lists read in advance
The invisible rejections are the expensive ones. A name too similar to an existing LLC, a missing agent consent, a foreign address the portal will not accept, a card declined because your Indian bank blocks the US merchant. Each one costs you a filing fee and two weeks.
Bank sequencing trips up almost everyone. The EIN comes first. Some banks accept the SS-4 fax confirmation while the EIN is pending, but that is the bank's call, not a rule. No bank is obliged to approve your application, and an LLC only makes you eligible to apply. Opening a US business bank account walks through the online route most Indian founders use.
Common Mistakes
Using a friend's US address as the registered agent. Legal risk for them, privacy loss for you, and a missed lawsuit notice can cost you the company.
Assuming the EIN comes with the LLC. It does not. The state creates the LLC. The IRS issues the EIN. Two applications.
Choosing Delaware with no US investors. You pay franchise tax and agent fees for a reputation you are not using.
Forgetting Form 5472. The penalty is $25,000 per form. Calendar it the day your EIN arrives.
One payment card only. Indian cards get declined on US state portals more than people admit. Carry a backup.
Trusting old BOI advice. The 2025 change exempted US persons. Foreign owners still report.
Letting the registered agent lapse. A lapsed agent can get your LLC administratively dissolved, and reinstatement costs more than renewal.
Frequently Asked Questions
Can I form a US LLC from India without visiting the US?
Yes. Formation, the EIN and the bank application all run remotely. No visa or travel is required [4][8].
Do I need an SSN or ITIN to form an LLC or get an EIN?
No. You can form the LLC with no SSN, and the EIN application uses "Foreign" on line 7b. An ITIN is not required for formation.
How long does the EIN take for an Indian applicant?
Fax typically takes several weeks for international applicants. The phone line can be faster, with long hold times. Check irs.gov for the current timeline before you plan around it.
Can I use my Indian address on the LLC filing?
Often yes, as principal office. It becomes public. Your registered agent must hold a US street address in the formation state.
What taxes does a foreign-owned single-member LLC file?
Form 5472 with a pro forma Form 1120 every year. Income tax treatment depends on your US-source income, treaty position and entity classification, so get professional advice.
Do I still file BOI reporting as an Indian owner?
Under FinCEN's March 2025 interim final rule, US persons are exempt but foreign owners still report. Confirm the current rule on fincen.gov.
Where to start
Decide your state this week, engage a registered agent, and run the name search before you pay anyone. That single afternoon removes most of the rejection risk.
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, NexFyla can assist, and you can see the packages on NexFyla pricing before you commit.
*Last updated: February 2026.*
Related reading
- Forming a US LLC From India With Stripe Access in Mind
- Forming a US LLC From India: Filing, Tax, and Banking
- How to Register a US LLC from India: Step by Step
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