Yes, you can own a US LLC from India
No US state requires the owner of an LLC to be a US citizen or resident. An Indian resident can own 100% of a US LLC, form it online without travelling, and get an EIN from the IRS without a Social Security Number. The US side is the same as for any other foreign founder.
What is specific to India is the Indian side: how the money gets to the US company, and how the company and its income are reported in India.
The US side, step by step
- Choose a state. With no people or premises in the US, most founders choose Wyoming or New Mexico for cost, or Delaware if they plan to raise money from investors.
- The LLC is formed with a registered agent in that state, which gives the company its in-state address.
- The EIN is applied for once the state approves. No SSN or ITIN is needed.
- With the approved formation document, the EIN letter and the operating agreement you apply for a US business bank account.
- Every year: Form 5472 with a pro forma Form 1120 for a single-member LLC owned by a foreign person, even without income.
Sending money from India: the overseas investment rules
Putting money into a foreign company is an overseas direct investment under India's foreign exchange rules (FEMA and the Overseas Investment Rules of 2022). A resident individual may invest in a foreign operating business through an authorised dealer bank, within the Liberalised Remittance Scheme limit of USD 250,000 per financial year.
In practice your Indian bank handles this. It asks for the formation document, the details of the investment and the reporting forms that apply, usually Form OI when the money is sent and an annual report on the foreign entity afterwards. Tax collected at source can apply to larger remittances; it is credited against your income tax. Talk to your bank and a chartered accountant before the first transfer, not after.
Some activities are restricted for resident individuals, such as investing in a foreign entity that does financial services or that holds further subsidiaries. A normal online, service or trading business is the typical case.
Indian tax and disclosure
As an Indian tax resident you are taxed in India on your worldwide income. How India treats the profit of a US LLC, as your own income or as income of a foreign company, depends on the facts and is a question for a chartered accountant. Do not assume that 'no US tax' means 'no tax'.
Your Indian income tax return has a schedule for foreign assets (Schedule FA). Shares or membership in a foreign company and foreign bank accounts belong there, including accounts you can sign on. The penalties for not disclosing foreign assets are severe, so include the LLC and its US account from the first year.
If the company is in fact run entirely from India, Indian tax law can treat it as managed in India. Keep decisions, contracts and records clearly in the company's name, and get advice if the LLC will have substantial income.
Getting paid
With a US LLC, a US bank account and a US Stripe account you can invoice clients worldwide in dollars, accept cards, and sell on US marketplaces. Money you later take out of the LLC to India comes in as a normal inward remittance; keep the paper trail on both sides.
Frequently asked
Can an Indian resident own 100% of a US LLC?
Yes. The US has no residency or citizenship requirement for LLC owners. The investment is made under India's overseas investment rules through your bank.
Do I need a PAN or Aadhaar for the US LLC?
Not for the US side. Your Indian bank will need your PAN for the remittance, and the LLC goes on your Indian tax return.
Which state is best for an Indian founder?
The same as for other non-resident founders: Wyoming or New Mexico for low running cost, Delaware when investors are involved.
This guide is general information, not legal or tax advice. Rules and fees change; check your own situation with a professional.