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Can I incorporate LLC in US while being in India, without relocating?

I am currently living in India with my parents, and I want to know whether I can incorporate a LLC in US while physically being in India.

9 Replies

Gilbert Stouvenot
0
2
Gilbert Stouvenot Entrepreneur
www.finefoodtogo.com President/Chef/ at Fine Food-to-Go, Inc.
You could if you had a social security number.
Sahil Bloch
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0
Sahil Bloch Entrepreneur
Founder at Redamancy App Developers
That means I need to be a US citizen, right?
Gilbert Stouvenot
0
2
Gilbert Stouvenot Entrepreneur
www.finefoodtogo.com President/Chef/ at Fine Food-to-Go, Inc.
Yes, that would be the correct way.
Ross Jones
0
0
Ross Jones Entrepreneur
Founder & CEO at emotuit inc.
I don't know about a llc, but I run a C Corp and non profit and I'm not a US citizen. No social security number here and no founders to
Ross Jones
0
0
Ross Jones Entrepreneur
Founder & CEO at emotuit inc.
Do, not to. Stupid phone.
Graham Seel
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0
Graham Seel Advisor
Founder and Principal Consultant at BankTech Consulting
I believe that as long as you have a registered office in the US, you can do it. You'll need an agent of service, also based in the US. I suggest contacting a company like CTCorp or Incorp (which is who I use), and they will advise you. They can provide both services and (for an additional fee) do all the company set up for you. Registered agent of service will cost about $100/year but I'm not sure of the cost for providing a registered office address (which is where legal mail would be delivered to). Hope this helps a bit.
Benjamin Olding
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0
Benjamin Olding Advisor
Co-founder, Board Member at Jana
An LLC is typically a pass-through tax entity. Those without tax IDs cannot receive income on a K-1. So, @Ross can own a C but not an S corp, for example. LLCs are often organized as pass-throughs, though I don't know if that's true in every state (in the US, you organize first in a state, then register at the federal level for a corporate tax ID. I'm familiar with the incorporation laws of a few states, but definitely not all 50; so maybe you can have an LLC that's not a pass-through in some cases).

Delaware is a popular choice to register in, but other states can be fine too. Make sure you pick a state that's easy to work with unless there's a specific reason you need to incorporate in one state in particular.

As mentioned above, CTCorp is a reasonable choice to sort out annual filing requirements for you. You do need the annual services of someone in the US to take care of providing a physical address and filing paperwork for you.

Generally speaking, people without tax IDs (example: Social Security Number) are at a tax disadvantage, as they'll be taxed twice - the corporation will be taxed, and then they will be taxed by their local government when receiving income as dividends rather than K-1 disbursement. This is the only restriction though - otherwise citizenship and geographic location of the owners do not matter.
Graham Seel
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0
Graham Seel Advisor
Founder and Principal Consultant at BankTech Consulting
Just one clarification on what Benjamin very helpfully discusses above. A single-member LLC is typically a disregarded entity for tax purposes, meaning that it doesn't itself pay taxes at the Federal level (though may at the state level), but the income and expenses are included in the member's personal tax return. For a multi-member entity, taxes are still paid by the members, but are based on the content of their K-1 tax document, which the LLC must issue to each member, who then becomes liable for US taxation. Also, it is not necessary to be a US citizen or resident to have a tax identification number (TIN), which is not the same thing as a social security number (though they are generally the same for a US resident).

This isn't particularly straightforward subject, so it is really advisable as someone suggested earlier to talk through the options and implications with an appropriate US-based attorney.
Sahil Bloch
0
0
Sahil Bloch Entrepreneur
Founder at Redamancy App Developers
Thank you all for right advises!
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