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Form a US LLC as an Indian citizen

Last updated: August 2026

Bottom line

Form a US LLC as an Indian citizen is straightforward once the India paperwork is in order. As a Hague Convention member, India issues a single apostille that the US recognizes without further legalization. Tax treaty: US-India treaty (1989) reduces royalty/technical-services withholding to 15% and dividend withholding to 15·25%.

India’s LRS framework + RBI controls make a US LLC a regulatory question, not just a tax one. Get a CA opinion on the structure before deploying capital through it. This is the country-specific guide for Indian citizens to form a us llc, apostille, banking, and treaty notes that change by jurisdiction. For the canonical procedural sequence (the steps everyone follows regardless of citizenship), see the main US LLC formation page.

A Wyoming or Delaware LLC is the cleanest holding entity for a non-resident founder. No state income tax, no minimum capital, no resident director requirement. The whole setup runs remote: file Articles online, fax Form SS-4 for the EIN, open Mercury for banking. The catch is the annual Form 5472 filing, miss it and the penalty is USD 25,000.

What Indian citizens need to form a US LLC

Apostille

Ministry of External Affairs (MEA)

~2·4 weeks, ~USD 15. As a Hague Convention member, India issues a single apostille that the US recognizes without further legalization.

Banking flow

Indian residents open Mercury remotely. USD wires to HDFC/ICICI/Axis work; INR outbound via Wise is competitive vs LRS-band banks.

Timezone

UTC+5:30 (IST), 10.5 hours ahead of IRS Austin. IRS Austin is on UTC-6 / Asunción Migración on UTC-3.

Country-specific note

Common: Indian SaaS founders and IT consultants billing US customers who need an ITIN + Mercury to operate clean USD revenue outside LRS limits.

Tax treaty: US-India treaty (1989) reduces royalty/technical-services withholding to 15% and dividend withholding to 15·25%.

Questions Indian citizens ask about us llc formation

How long does the apostille take for Indian citizens? +

2·4 weeks through Ministry of External Affairs (MEA), at roughly USD 15. As a Hague Convention member, India issues a single apostille that the US recognizes without further legalization.

How do Indian-resident clients usually handle banking with their US LLC? +

Indian residents open Mercury remotely. USD wires to HDFC/ICICI/Axis work; INR outbound via Wise is competitive vs LRS-band banks.

Do Indian citizens get US tax treaty benefits on an LLC? +

US-India treaty (1989) reduces royalty/technical-services withholding to 15% and dividend withholding to 15·25%.

Form your LLC, Indian citizen

See the full procedural sequence on the canonical US LLC formation page, or jump straight to the apply form.

Form your LLC
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