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US Company Formation & EIN for Non-Residents

Delaware C-Corps, LLCs and the federal EIN — the right US vehicle formed remotely, with the registrations and records investors and the IRS expect.

Overview

The right US entity, formed remotely.

C-Corp or LLC, Delaware or home state — the choice drives your tax, your fundraising and your filing burden. We form the right US vehicle for non-resident founders, obtain the EIN, and set up the registrations and records so the entity is investable and compliant from incorporation, all handled remotely.

◆Non-resident founders forming a first US entity
◆Startups needing a Delaware C-Corp for US investors
◆Service businesses choosing between LLC and C-Corp
◆Groups adding a US entity to an existing structure
What’s Included

From formation to a clean US entity.

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Entity Selection

C-Corp or LLC and state chosen for tax, investors and exit.

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Incorporation

Formation, registered agent and organisational documents.

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EIN

Federal Employer Identification Number obtained for non-residents.

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Cap Table & Equity

Founder shares, par value and an investable cap table.

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Registrations

State and franchise registrations as required.

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Records & Compliance

Bylaws, resolutions and the first compliance calendar.

How We Work

From choice to incorporated entity.

01

Choose

We fix entity type, state and equity.

02

Form

We incorporate and appoint a registered agent.

03

Identify

We obtain the EIN for the entity.

04

Activate

We set up records, registrations and the calendar.

Why LexVerge

An entity investors and the IRS accept.

Delaware C-CorpLLCEINRegistered AgentPar ValueCap TableBylawsFranchise TaxForm 5472Remote Filing

We form the US entity your investor, your bank and the IRS will each accept — with the EIN and records done right the first time.

FAQ

US entity formation, answered.

C-Corp or LLC — which should I form?
A Delaware C-Corp suits companies raising US venture capital; an LLC suits owner-operated or services businesses wanting pass-through treatment. We model both against your plans before forming.
Can a non-resident get an EIN?
Yes. We obtain the federal EIN for non-resident founders without a US Social Security Number, handled remotely.
What is Form 5472 and does it apply to me?
Foreign-owned US entities generally must file Form 5472 reporting related-party transactions. We flag it at formation and handle it in compliance.
In detail

Forming a US entity from India: the sequence and the filings

The order of steps

  1. Choose the entity. A Delaware C-corporation for a venture-backed company; a single-member LLC for a small online business; a subsidiary of an Indian company for an established business.
  2. Complete FEMA first. The investment is an overseas direct investment, reported through your Indian bank in Form FC before the capital is remitted.
  3. Form the entity in Delaware, Wyoming or the state where you will operate, with a registered agent.
  4. Obtain an EIN from the IRS. Owners without a US social security number apply on Form SS-4.
  5. Open a US bank account and remit the capital through the bank that reported the investment.
  6. Submit evidence of investment to the Indian bank, and diarise the annual filings.

Annual filings

FilingC-corporationForeign-owned single-member LLC
Federal returnForm 1120, with Form 5472 if 25% foreign-ownedForm 5472 with a pro forma Form 1120
DelawareAnnual report and franchise tax by 1 MarchAnnual LLC tax of USD 300 by 1 June
IndiaAnnual Performance Report by 31 December; Schedule FA in the owner’s returnSame

The penalty for a missed Form 5472 is USD 25,000. See Form 5472 for Indian-owned US LLCs and US LLC for Indian residents.

Documents

  • Passports and addresses of owners and officers
  • For an Indian company investing: board resolution and the bank’s ODI documents
  • A description of the US business and where it will be carried on
USA · LexVerge

Form the right US entity, remotely.

Book a consultation with our remote US Desk to choose and form the right US vehicle and obtain your EIN.

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