U.S. business consulting for Indian founders

Quick-start checklist (high-priority items every Indian founder must complete)- Choose an entity and state after evaluating investor plans, tax goals, and operating footprint (LLC vs C-Corp). Note: C-Corp often preferred for VC; LLC offers flexibility for pass-through taxation. (practitioner sources)- Appoint a registered agent and obtain formation documents from the chosen state.- Apply for an EIN immediately (Form SS-4 / IRS guidance).

An EIN is required for banking, hiring, and many tax filings.- Confirm FinCEN BOI obligations (foreign entities registered to do business in the U.S. generally must file; domestic U.S. companies and U.S. persons were removed from BOI reporting per FinCEN 2025 IFR).- Understand Form 5472 and pro forma Form 1120 obligations for foreign-owned U.S. disregarded entities (DEs) and other foreign-owned U.S. corporations; penalties for nonfiling are significant.- Plan for sales tax nexus (Wayfair/economic nexus state rules) and register in states where you meet thresholds; sales-tax rules vary by state and must be checked on each state Department of Revenue site.- Set up U.S. business banking (fintech banks like Mercury/Relay/Brex provide remote onboarding options; Stripe Atlas provides guidance for Indian founders and RBI ODI compliance).- Address Indian-side compliance (FEMA/ODI/LRS reporting and Form ODI/APR where applicable) before routing funds from India.- File FBAR/FATCA as required for U.S./foreign account reporting by Indian resident owners and monitor treaty positions for double-tax credits.- Immigration: forming a U.S. company does NOT grant the right to work/live in the U.S.; consult USCIS for visa options (L-1, H-1B, O-1, EB-5) and note that E-2 is not available to Indian nationals.- Protect IP: file U.S. trademarks and patents as appropriate; use NDAs/assignments and consult counsel for IP ownership and inventor agreements.2) Entity selection and tax implications (what to cover in depth)- LLC (disregarded entity or partnership) tax treatment for nonresident owners; filing obligations for foreign-owned U.S.

DEs (pro forma Form 1120 + Form 5472) when applicable.- C-Corp advantages/disadvantages for fundraising and U.S. investor expectations; double taxation considerations.- How to elect entity classification (Form 8832) and timely apply for EIN (SS-4).3) Federal compliance and recurring filings- EIN application process and special instructions for foreign applicants (Form SS-4 guidance).- Form 5472 requirements, who must file, when to attach to a pro forma Form 1120, and the required information (related parties, reportable transactions).- BOI reporting changes (FinCEN interim final rule, foreign companies registered to do business must report; domestic companies currently exempt).

Deadlines and e-filing link.- FBAR (FinCEN Form 114) and FATCA reporting obligations where applicable for owners with foreign financial accounts.4) State-specific considerations and common choices (how to present state-specific sections)- Delaware: favored for C-Corps and investor-friendly statutes — discuss franchise tax, registered agent, and corporate governance benefits (note: if doing business in another state you must foreign-qualify there).- Wyoming/Nevada: low fees and privacy benefits — discuss annual fees and simple compliance for remote-only operations.- California: high regulatory burden and $800 minimum franchise tax for LLCs; if you operate from/serve CA customers, you may have nexus and additional filings.- New York: foreign qualification, publication requirements (if applicable) and local business licensing nuances.- Texas/Florida: business-friendly climates (Texas no corporate income tax; Florida has low fees) but sales tax and other local taxes apply.(For each state-specific item the blog should link directly to the state's Secretary of State and Department of Revenue pages; I collected federal-level authoritative sources and practitioner guides and recommend pulling live state pages for exact rates/fees/dates when drafting final copy.)

Quick-start checklist (high-priority items every Indian founder must complete)- Choose an entity and state after evaluating investor plans, tax goals, and operating footprint (LLC vs C-Corp). Note: C-Corp often preferred for VC; LLC offers flexibility for pass-through taxation. (practitioner sources)- Appoint a registered agent and obtain formation documents from the chosen state.- Apply for an EIN immediately (Form SS-4 / IRS guidance).

An EIN is required for banking, hiring, and many tax filings.- Confirm FinCEN BOI obligations (foreign entities registered to do business in the U.S. generally must file; domestic U.S. companies and U.S. persons were removed from BOI reporting per FinCEN 2025 IFR).- Understand Form 5472 and pro forma Form 1120 obligations for foreign-owned U.S. disregarded entities (DEs) and other foreign-owned U.S. corporations; penalties for nonfiling are significant.- Plan for sales tax nexus (Wayfair/economic nexus state rules) and register in states where you meet thresholds; sales-tax rules vary by state and must be checked on each state Department of Revenue site.- Set up U.S. business banking (fintech banks like Mercury/Relay/Brex provide remote onboarding options; Stripe Atlas provides guidance for Indian founders and RBI ODI compliance).- Address Indian-side compliance (FEMA/ODI/LRS reporting and Form ODI/APR where applicable) before routing funds from India.- File FBAR/FATCA as required for U.S./foreign account reporting by Indian resident owners and monitor treaty positions for double-tax credits.- Immigration: forming a U.S. company does NOT grant the right to work/live in the U.S.; consult USCIS for visa options (L-1, H-1B, O-1, EB-5) and note that E-2 is not available to Indian nationals.- Protect IP: file U.S. trademarks and patents as appropriate; use NDAs/assignments and consult counsel for IP ownership and inventor agreements.2) Entity selection and tax implications (what to cover in depth)- LLC (disregarded entity or partnership) tax treatment for nonresident owners; filing obligations for foreign-owned U.S.

DEs (pro forma Form 1120 + Form 5472) when applicable.- C-Corp advantages/disadvantages for fundraising and U.S. investor expectations; double taxation considerations.- How to elect entity classification (Form 8832) and timely apply for EIN (SS-4).3) Federal compliance and recurring filings- EIN application process and special instructions for foreign applicants (Form SS-4 guidance).- Form 5472 requirements, who must file, when to attach to a pro forma Form 1120, and the required information (related parties, reportable transactions).- BOI reporting changes (FinCEN interim final rule, foreign companies registered to do business must report; domestic companies currently exempt).

Deadlines and e-filing link.- FBAR (FinCEN Form 114) and FATCA reporting obligations where applicable for owners with foreign financial accounts.4) State-specific considerations and common choices (how to present state-specific sections)- Delaware: favored for C-Corps and investor-friendly statutes — discuss franchise tax, registered agent, and corporate governance benefits (note: if doing business in another state you must foreign-qualify there).- Wyoming/Nevada: low fees and privacy benefits — discuss annual fees and simple compliance for remote-only operations.- California: high regulatory burden and $800 minimum franchise tax for LLCs; if you operate from/serve CA customers, you may have nexus and additional filings.- New York: foreign qualification, publication requirements (if applicable) and local business licensing nuances.- Texas/Florida: business-friendly climates (Texas no corporate income tax; Florida has low fees) but sales tax and other local taxes apply.(For each state-specific item the blog should link directly to the state's Secretary of State and Department of Revenue pages; I collected federal-level authoritative sources and practitioner guides and recommend pulling live state pages for exact rates/fees/dates when drafting final copy.)

Banking, payments, and payment processors- Requirements commonly requested by banks

EIN, formation documents, U.S. address, and identification. Fintech banks (Mercury, Brex, Relay) and Stripe Atlas provide more remote-friendly onboarding for nonresident founders.- Payment processors (Stripe, PayPal) documentation expectations; Stripe Atlas provides an Indian-founder guide that also addresses RBI/ODI procedures.

Cross-border money flows and Indian compliance- RBI/ODI rules and LRS considerations — if funds move from India into the U.S., RBI ODI/LRS filings and AD-bank routing are commonly required; Stripe Atlas and practitioner guides explain common processes.- Reporting requirements in India (Schedule FA, Form 67 for claiming foreign tax credits) when Indian residents own foreign entities.7) Payroll, hiring, contractors, and classification- W-2 vs 1099 classification, payroll tax withholding, and multi-state payroll obligations. Use U.S. payroll providers to manage withholding and state unemployment taxes.- Use agreements and local counsel to classify non-U.S. contractors properly and keep documentation for transfer pricing and intercompany invoices.8) Immigration and founder presence- Forming a U.S. company does not grant immigration status. Explain practical remote operation strategies and list visa categories founders may pursue (L-1 intracompany transferee, H-1B specialty worker, O-1 extraordinary ability, EB-5 investor) and note E-2 treaty investor ineligibility for India.

IP protection and contracts- File U.S. trademarks with USPTO and consider provisional patents where relevant. Use clear IP assignment agreements to ensure founders and employees assign rights to the company.

Common mistakes, costs and timelines- Cost estimates (formation fees, registered agent, EIN, banking fees, annual franchise taxes, CPA/legal retainer) — include ranges and recommend budgeting for ongoing tax and bookkeeping costs.- Typical timeline

formation (1–3 business days to several weeks depending on state and services), EIN (immediate online or several weeks when applying without SSN), banking (1–6 weeks), tax registrations (varies by state).

Resources and next steps- Link and cite federal authorities (IRS, FinCEN), Stripe Atlas Indian founder guide, and practitioner guides for practical how-to steps. For state-specific rules, link to each Secretary of State and Department of Revenue pages when writing the final blog.