How to Start a Business in the USA from India
January 10, 2023

Many Indian entrepreneurs are drawn to the United States by the potential for tapping into a vast consumer base, leveraging cutting-edge technology, and thriving in an innovative atmosphere. Whether your focus is on tech, healthcare, retail, or any other industry, the U.S. market offers limitless possibilities for those envisioning global success. 

If you’re eager to see your brand make a mark in one of the world’s largest economies, the United States may be the ideal playground for your entrepreneurial aspirations. Curious about how to start a business in the USA from India? Let’s break down the steps to simplify the process and turn your dreams into reality.

Knowing How Indian Citizens Can Launch a Business in the US

Starting a business in the United States as an Indian citizen can be a strategic move, given the country’s stable economy, large consumer base, and conducive environment for innovation and growth. The U.S. market’s sheer scale provides unparalleled opportunities, with high consumer spending, technological advancements, and a well-established infrastructure, making it an attractive destination for businesses. Additionally, the diverse cultural landscape in the U.S. creates a market that is often more receptive to new products and services.

How to Start a Business in the USA from India in 7 Steps

Starting a business in the USA from India involves several crucial steps. Whether you choose the DIY route or opt for business formation services, here’s a breakdown of the key actions to turn your American dream into reality:

  • Choose a Business Name

Select a business name that reflects your brand identity and appeals to your target audience. A memorable name can help your business stand out in the competitive marketplace.

  • Decide on a Business Structure

Choose a legal structure for your business. Two common options are:

LLC (Limited Liability Company): Offers flexibility in management, personal asset protection, tax benefits, and fewer regulatory requirements.
Corporation: It provides advantages like raising capital through stock sales, broader employee benefits, and enhanced transferability. However, it involves double taxation.

  • File to Incorporate

Complete the necessary paperwork to incorporate your business officially. This typically involves submitting articles of incorporation and paying a filing fee.

  • Get an EIN (Employer Identification Number)

Obtain an EIN, a unique tax identification code for your business. You’ll need this for tax filings, business loans, and opening a U.S. business bank account. Apply with the U.S. Internal Revenue Service (IRS).

  • Obtain Licenses and Permits

Secure the required licenses and permits for your industry and location. This includes federal licenses for regulated activities and state and local permits, such as zoning approvals or health department clearances.

  • Open a Business Bank Account

Separate your personal and business finances by opening a business bank account. This step aids in accounting, protects personal assets, and adds credibility to your business. You’ll typically need your EIN, business license, and identification documents.

  • File Your Reports

Regularly file reports, such as an annual report, to fulfill legal requirements and maintain good standing. These reports detail key information about your business and are usually submitted online through state portals, accompanied by a filing fee.

Where Should You Incorporate Your Business in the US?

You can incorporate your firm in any 50 states in the United States, each with its unique set of privileges and laws. However, Delaware and Wyoming frequently emerge as strong competitors for various reasons.
Delaware is known for its business-friendly legislation, well-established legal system, and adaptable management structures. Wyoming, on the other hand, has no state corporate income tax and affords substantial asset protection. Both states benefit different types of enterprises, depending on your requirements.

What Is the Role of a US Registered Agent?

A U.S. registered agent is your company’s official point of contact with the state and receives vital legal and tax paperwork on your behalf. A registered agent is a legal necessity when starting a business in the United States. The agent must be physically present in the state where your business is registered and must also be available during normal business hours.

What Is the Process of Transferring a Registered Business in India to the US?

Transferring an existing firm in India to the United States is a complicated process that includes various legal and financial hurdles. It begins with thoroughly examining your current business structure and determining the optimum U.S. structure to complement it. 
To prevent double taxation, you must first register in the United States, obtain an EIN, and pay taxes in both the United States and India. Professional legal and tax counsel is frequently recommended for this complex process.

What Are Your Tax Responsibilities?

When starting a business in the U.S. from India, you’ll deal with taxes in both countries. In the U.S., there are federal, state, and sometimes local taxes. You’ll file income taxes, handle employment taxes if you have employees, and complete various forms based on your business activities.
It’s important to know about tax treaties between India and the U.S. to avoid being taxed in both countries. Following tax laws isn’t just a legal requirement; it also impacts your business’s credibility and long-term success.

Understanding these tax laws is crucial whether you’re starting a new business or moving an existing one. Being well-informed is the first step toward success in the U.S. market. 

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