Can I start a Delaware LLC from India without visiting the US?

Yes. The entire process — filing, EIN application, and bank account opening — can be completed remotely.

Why do startups prefer Delaware over Wyoming?

Delaware has a specialized business court (Court of Chancery) with decades of well-established legal precedent, which most US venture capital investors and lawyers are familiar with. This makes Delaware the default choice for companies planning to raise US funding or eventually convert to a C-Corp.

Do I need an SSN to get an EIN?

No. Foreign applicants without an SSN can apply for an EIN using Form SS-4 through the IRS international line or a registered agent service.

How long does the whole process take?

LLC filing typically takes 3-5 business days; EIN processing for foreign applicants can take 4-8 weeks.

Can I open a US bank account without visiting the US?

Yes, Mercury and Relay both offer remote account opening for non-resident LLC owners with a formed entity and EIN.

What taxes will I owe if I have no US customers?

Delaware does not tax income earned outside the state for non-resident owners. At the federal level you must still file Form 5472 and a pro-forma 1120 annually even with no US income, though no tax may be owed.

How much does it cost to maintain the LLC every year?

Expect $449 for the tax year 2025 payment due June 1, 2026 ($300 tax plus $149 registered agent renewal), then $549 from the tax year 2026 payment due June 1, 2027 ($400 tax plus $149 renewal) — higher than Wyoming's minimum but reflects Delaware's flat-fee structure regardless of assets.

Is the Delaware franchise tax based on income or assets?

No. Delaware LLCs do not file an annual report. The flat annual tax is $300 for tax years through 2025 (last paid June 1, 2026) and $400 from tax year 2026 (first due June 1, 2027), regardless of income, assets, or business activity. Late payment results in a $200 penalty plus interest and loss of good standing.

Can I use this LLC for Amazon, Stripe, or freelance clients?

Yes, a Delaware LLC is commonly used by Amazon sellers, freelancers on international platforms, and agencies invoicing US clients.

Can I convert my Delaware LLC to a C-Corp later?

Yes, converting a Delaware LLC to a Delaware C-Corp is a well-established process, which is one reason Delaware is preferred by founders anticipating future fundraising.

Do I need to file BOI (Beneficial Ownership Information)?

No. Under a FinCEN final rule effective August 14, 2026, all US-formed domestic entities, including LLCs, are exempt from BOI reporting. Only foreign companies registered to do business in the US currently have this obligation.

Reviewed & Updated August 2026

Start a Delaware LLC from India — Fully Online, No Visit Required

EasyBrise helps Indian founders form a Delaware LLC, get an EIN, and open a US bank account — all remotely.

Start your formation View pricing

$110 · State filing fee

No annual report required; flat… · Annual fee

3-5 business days · Avg. filing time

RBI Liberalised Remittance Scheme · Transfer method

Quick Summary

Country: India
State: Delaware
Avg. filing time: 3-5 business days
State filing fee: $110 (Certificate of Formation)
Annual report fee: No annual report required; flat annual tax due June 1: $300 for tax years through 2025 (last paid June 1, 2026) and $400 from tax year 2026 (first due June 1, 2027); late payment adds a $200 penalty plus interest
Transfer method: RBI Liberalised Remittance Scheme (LRS) — up to $250,000/year per individual

Key Advantages

Why Delaware

Yes, a Delaware LLC is the preferred choice for Indian founders planning to raise US venture capital or eventually convert to a C-Corp.

Delaware offers the Court of Chancery, a specialized business court with well-established legal precedent that most US investors and legal counsel are familiar with.

It is popular among Indian SaaS founders and startups with fundraising ambitions.

No, you do not need an SSN, a US address, or a US visit to form a Delaware LLC. A valid passport is generally sufficient. A registered agent in Delaware fulfills the required US address, and EasyBrise provides this as part of the formation service.

Simple Process

The Process

Choose and Verify Your LLC Name

Pick a name that includes "LLC" and check availability with the Delaware Division of Corporations; EasyBrise verifies this for you before filing.

File the Certificate of Formation

This is the official document that creates your LLC with the state; EasyBrise prepares and files it electronically.

Appoint a Registered Agent

Delaware requires a physical in-state address for legal correspondence; EasyBrise provides this as part of the formation package.

Apply for an EIN

Using IRS Form SS-4, foreign applicants without an SSN can obtain an EIN through the international application line or a third-party designee like EasyBrise — this typically takes 4-8 weeks.

Open a US Business Bank Account

Once you have your EIN and formation documents, Mercury or Relay let you open a business account fully online, without a US visit.

Stay Compliant

Pay your Annual Franchise Tax each year by June 1 and track your Form 5472/1120 deadline to keep the LLC in good standing.

The total first-year cost with EasyBrise is $295 plus the Delaware state filing fee of $110, since registered agent and EIN application support are included in the package. Ongoing annual cost from year two is the $300 Delaware LLC tax for tax years through 2025 (last paid June 1, 2026), then $400 from tax year 2026 (first due June 1, 2027), plus $149 for registered agent renewal.

Compliance

Delaware LLCs owned by foreign founders have three recurring compliance obligations. First, the Delaware Annual Franchise Tax is a flat $300 for tax years through 2025 (last paid June 1, 2026) and $400 from tax year 2026 (first due June 1, 2027), due regardless of income or assets — unlike Wyoming's asset-based fee. Second, federal Form 5472 plus a pro-forma Form 1120 must be filed annually with the IRS, even with zero US-sourced income — missing this carries a $25,000 penalty. Third, the registered agent subscription must be renewed annually to keep the LLC in good standing. Under a FinCEN final rule effective August 14, 2026, US-formed LLCs are exempt from BOI (Beneficial Ownership Information) reporting - only foreign entities registered to do business in the US currently have this obligation. EasyBrise tracks compliance deadlines and can handle filings on your behalf.

Requirements

Requirement	Needed
Valid Passport
SSN
US Address
US Visit
US Credit History

Costs

Item	Cost
State Filing Fee	$110 (one-time, paid to Delaware Division of Corporations)
Registered Agent (Year 1)	Included in EasyBrise $295 package
EIN Application	Included in EasyBrise $295 package
Annual Franchise Tax (Year 2+)	$300 through tax year 2025 (paid June 1, 2026); $400 from tax year 2026 (first due June 1, 2027)
Registered Agent Renewal (Year 2+)	$149/year

Who Should Choose Delaware

VC-Track Startups

Delaware is the default choice for Indian founders planning to raise US venture capital, thanks to its well-established Court of Chancery and legal precedent.

SaaS Founders Planning to Convert to C-Corp

Delaware LLCs can convert to Delaware C-Corps through a well-established process, useful for founders anticipating future fundraising or acquisition.

Amazon & E-commerce Sellers

A Delaware LLC gives Indian Amazon FBA and e-commerce sellers a US business entity for marketplace payouts, without US residency.

Freelancers & Consultants

Invoice US clients through a US entity, simplifying contracts and payment processing on platforms like Upwork or direct clients.

IT & Software Exporters

Invoice US clients through a US entity, a common structure among Indian software exporters and IT consultancies.

Comparison

Feature	Delaware	Wyoming
State Filing Fee	$110	$100-104
Annual State Fee	$300 through tax year 2025; $400 from tax year 2026; due June 1; no annual report	$60 minimum
State Income Tax	None (for out-of-state income)	None
Member Privacy	Not publicly disclosed	Not publicly disclosed
Best For	Startups planning to raise US VC funding	Freelancers, e-commerce, small SaaS

Taxes

Delaware does not tax LLC income earned outside Delaware for non-resident owners. At the federal level, a foreign-owned single-member LLC must file Form 5472 with a pro-forma Form 1120 every year, even with zero US-sourced income — missing this filing carries a $25,000 penalty. India-US DTAA may provide relief from double taxation on any income; consult a tax professional for your specific situation. If funding your LLC from India, transfers fall under RBI's Liberalised Remittance Scheme (LRS), capped at $250,000 per financial year per individual — well above what is needed to cover formation and banking costs.

India-US DTAA applies for double-taxation relief; consult a tax professional for individual cases

Banking

Yes, both Mercury and Relay support fully remote US bank account opening for non-US residents once you have a formed LLC and EIN — no US visit is required for either.

Mercury
Popular with non-resident founders; requires US LLC + EIN; no US visit needed
Relay
Remote-friendly for non-residents; requires formed US entity

Frequently Asked Questions

More guides for founders in India

Or browse all formation guides by country.

Reviewed by EasyBrise Compliance Team · Updated August 2026

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