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Introduction

Incorporating your company in the U.S. provides international credibility, investor confidence, and access to the largest consumer and capital markets in the world. The USA consistently scores high on ease of doing business with a transparent legal framework and robust intellectual property protections, making it an ideal location for creators and high-growth businesses.

One of the main benefits is that US incorporation can be conducted fully online, which is easy for non-residents and NRIs to do without having to move. Whether fundraising, expanding globally, or accessing the North American market, USA business registration provides seri.ous global opportunities.

With Vakilsearch, it's even simpler. We take care of everything from documentation to compliance so you can open your US-based company free of any additional cost. Start your international journey with Vakilsearch quickly, securely, and 100% online.

Key Advantages:

  • Global Market Access

    Access both U.S. customers and global partners with increased credibility and trust.

  • Investor Confidence

    The USA has top-performing venture capital companies and angel investors, so it is simpler to raise funds.

  • Flexible Tax System

    Enjoy state-based taxation. Jurisdictions such as Delaware and Wyoming provide:

    • Simplified compliance
    • Minimal reporting obligations
    • Hospitable tax treatment
  • Startup-Friendly Legal Framework

    Robust IP protection, business-friendly regulations, and legislation to foster innovation and entrepreneurship.

  • Seamless Online Registration

    Incorporation is possible 100% online—perfect for non-residents and NRIs who want to penetrate the U.S. market without having to move in.

  • Quicker International Expansion

    U.S. registration enhances your brand's reputation and provides access to global markets and collaboration.

Types of Business Entities in the USA

Entrepreneurs must choose the right company structures in the USA that balance tax efficiency, compliance, and fundraising needs. Below is a comparison of the most common options:

Entity TypeProsCons
LLC (Limited Liability Company in USA)Flexible structure, limited liability, pass-through taxation, low complianceNot VC-friendly, state laws differ
C Corporation (C Corp) Strong liability protection, unlimited shareholders, easy to raise venture capital, globally recognised Double taxation (corporate + dividends), more compliance
S Corporation (S Corp) Pass-through taxation, limited liability, tax savings for US founders Only US citizens/residents eligible, max 100 shareholders
Sole Proprietorship Easy to start, low cost, complete control Unlimited personal liability, limited credibility/funding
Partnership (General/Limited) Shared resources and responsibilities, simple setup Liability risks for general partners, potential disputes

Step-by-Step Process for USA Company Registration

Company registration in the USA may appear daunting, particularly for international founders—but with Vakilsearch, it is quick, compliant, and 100% online. From deciding on the most suitable entity to obtaining your EIN and opening a U.S. bank account, we take care of the end-to-end process while you can work on expanding your business internationally. This is how Vakilsearch assists you in incorporating in the USA:

Step 1: Selecting the Appropriate Business Structure

We assist you in selecting between an LLC and C-Corporation depending on your tax objectives, capital-raising strategy, and growth plan.

    Step 2: Choosing the Ideal State of Incorporation

    Our experts assist you in selecting business-friendly states such as Delaware, Wyoming, or Nevada—or incorporating in your desired operating state.

      Step 3: Name Reservation

      We verify name availability and reserve your business name as per state regulations.

        Step 4: US Registered Agent Appointment

        Vakilsearch supplies or organises a registered agent in the U.S. to take care of official government communications on your behalf.

          Step 5: Filing the Incorporation Documents

          We submit all the documents—Articles of Incorporation or Articles of Organisation—to the concerned state authority.

            Step 6: Get Your EIN (Employer Identification Number)

            We apply for your EIN with the IRS, which you need to file taxes, bank in the U.S., and conduct business in the U.S.

              Step 7: Opening a U.S. Business Bank Account

              Vakilsearch helps you open a U.S. business bank account—some banks facilitate remote account opening for non-residents.

                Step 8: Business Licenses & Compliance

                If your business activity requires federal or state-specific licenses, we’ll help you identify and apply for the necessary approvals.

                  Documents Required for Incorporating a Company in the USA

                  When setting up a business in the USA, both foreign founders and local entrepreneurs must prepare certain documents. While most of the process is digital, the following paperwork is typically required:

                  • Mandatory Documents:

                    • Valid Passport for US Registration – identification for overseas owners/directors.
                    • Business Name Approval – confirmation that your proposed name is available in the state registry.
                    • Articles of Organisation (for LLC) or Articles of Incorporation (for Corporation) – formal state filing documents.
                    • Registered Agent Details – contact details of your nominated US registered agent.
                    • Operating Agreement (for LLC) – details internal structure, ownership, and management guidelines.
                    • Employer Identification Number (EIN) – for taxes and banking.
                  • Optional / Supporting Documents:

                    • Proof of residential address (utility bill, bank statement).
                    • Shareholder/Director agreements (particularly for C-Corp arrangements).
                    • Business licenses or permits (sector-specific).
                    • Apostille/Notarized documents if needed by the bank or investors.

                  Cost of Company Registration in the USA

                  The USA company incorporation fees vary depending on the state, entity type, and additional services like EIN registration or registered agent support. On average, setting up a company in the US can cost between $200 and $1,000. This includes state filing fees, registered agent charges, and compliance paperwork.

                  • Delaware Registration Cost: $90–$300 for filing, plus annual franchise tax.
                  • Wyoming: Around $100–$150 for LLC filing, with low ongoing maintenance.
                  • Nevada: $350–$500 including state business license requirements.
                  • EIN Pricing: Free if obtained directly from the IRS, though service providers may charge $50–$150 for assistance.

                  Disclaimer: The costs mentioned are estimates and may vary based on the specific state requirements, business structure, and additional services chosen. Always verify current fees with the relevant state authorities or a professional advisor before proceeding.

                  Contact us today for personalised assistance and transparent pricing tailored to your business needs!

                  Talk to a Company Expert Today!

                  Post-Incorporation Compliance Requirements

                  After your company has been incorporated in the USA, being compliant is as vital as incorporation. Each business needs to adhere to state-level and federal compliance regulations, such as franchise tax filings, annual reports, and IRS requirements. Being non-compliant can result in hefty fines, penalties, or even the dissolution of the company.

                  • Compliance Responsibilities:

                    • Annual Report LLC – The majority of states mandate LLCs and corporations to file annual or biennially reports to update company information (directors, address, members).
                    • Franchise Tax USA – Delaware and California charge annual franchise taxes, no matter the income. It is different in rates, e.g., Delaware ($300 minimum), California ($800 minimum).
                    • IRS Compliance for C-Corp – C-Corps are required to file yearly federal tax returns (Form 1120) and keep accounting books. Foreign-owned businesses might also have to file Form 5472 with Form 1120.
                    • EIN Updates & Banking Compliance – Update IRS records in case of change in ownership, and follow U.S. banking compliance (KYC/AML).

                  How Vakilsearch Helps with USA Company Registration

                  At Vakilsearch, we simplify the complex process of starting a business in the United States. Our US incorporation services are designed for entrepreneurs in India and across the globe, ensuring a smooth and error-free experience.

                  • Our End-to-End Services Include:

                    • Business Structure Advisory – Guidance on choosing the right entity (LLC, C-Corp, etc.) based on your goals, tax needs, and investor requirements.
                    • Documentation Assistance – Preparation and filing of Articles of Organization/ Incorporation, Operating Agreements, and other necessary paperwork.
                    • EIN Registration – Fast and accurate IRS Employer Identification Number application.
                    • US Registered Agent Appointment – Mandatory agent service to receive official state correspondence.
                    • Banking & Compliance Support – Guidance on U.S. business bank account setup, franchise tax filings, annual reports, and IRS returns.
                    • Expert Legal & Accounting Support – Ongoing advisory for taxation, accounting, and compliance to keep your business in good standing.

                  With our company registration solutions, you can establish your U.S. presence confidently while focusing on growing your business.

                  FAQs on Company Registration in the USA

                  The easiest way is to register online through a US registered agent or Vakilsearch incorporation service. Most states allow digital filing of company formation documents, EIN registration, and compliance setup. This makes business registration in the USA fast, affordable, and accessible for foreign founders without needing physical presence.
                  Yes. Non-residents can form a US LLC or C-Corp without citizenship or residency. The only requirements are a registered agent, valid ID (passport), and incorporation documents. Many international entrepreneurs choose Delaware, Wyoming, or Nevada for flexible laws and global recognition.
                  Popular choices include Delaware (strong corporate law, investor-friendly), Wyoming (low fees, privacy), and Nevada (no state tax). The best state depends on your goals—startups raising venture capital often prefer Delaware incorporation, while small businesses and international founders may benefit from Wyoming’s lower costs.
                  Most states process company incorporation within 2–7 business days if filed online. Expedited services can complete registration in 24 hours. EIN registration with the IRS can take a few days more. Overall, the timeline is quick compared to many other countries.
                  An Employer Identification Number (EIN) is a unique business tax ID issued by the IRS. It is required to open a U.S. bank account, hire employees, and file taxes. Even foreign-owned companies must obtain an EIN for compliance.
                  A U.S. bank account is not legally mandatory but highly recommended. It simplifies transactions, ensures credibility, and allows access to payment gateways. Without it, you may face difficulties in operating internationally. Many banks now allow remote account opening with proper documents.
                  US companies must file annual reports with their state, pay franchise tax (if applicable), and file IRS returns. LLCs and C-Corps must also maintain compliance with state regulations. Penalties for late filings include fines, loss of good standing, or even company dissolution.
                  No, physical presence is not required for US incorporation. You can register entirely online using a registered agent service. However, visiting may be necessary for opening certain bank accounts, depending on the bank’s policies.
                  Yes, you can form a Single-Member LLC (SMLLC) in most U.S. states. This allows one individual to own 100% of the business while enjoying limited liability protection. It is the simplest structure for foreign entrepreneurs starting alone.
                  A US LLC can be treated as a pass-through entity, meaning profits are taxed on the owner’s personal income tax return. A C-Corp, however, faces corporate tax plus possible dividend tax. The right choice depends on your global tax strategy and investor requirements.
                  When you register your business in the USA, it becomes a separate legal entity, meaning it can own property, sign contracts, and be held liable independently of its company owners. This offers legal protection and helps protect your personal assets.
                  The ideal business entity depends on your business model, tax strategy, and growth goals. A Limited Liability Company (LLC) is popular among small businesses due to its flexibility, while a C Corporation is often preferred by startups seeking venture capital. An S Corporation may offer tax benefits but has ownership restrictions.
                  Your business location and state and business structure choice impact compliance, sales tax, and costs. Many foreign investors choose Delaware for its startup-friendly laws, while others prefer Wyoming or Nevada. Vakilsearch helps you choose based on your needs and where your business operates.
                  Yes, every US company must obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). This federal tax ID is used for opening a business bank account, paying federal taxes, and hiring employees.
                  Yes, foreign investors and Indian enterprises can easily register a USA company. Vakilsearch helps streamline the company formation process, from submitting legal documents to applying for an EIN and business visas if required.
                  Yes. Keeping business finances separate is crucial to maintain your company’s status as a separate legal entity. Open a US business bank account and ensure accurate financial records for tax reporting, income tax, and annual reports.
                  Depending on your entity type and where your business operates, you may owe federal taxes, income tax, and state-level sales tax. Vakilsearch helps you understand and manage tax returns, tax ID registration, and compliance.
                  Registering a US corporation builds investor confidence and allows you to access leading venture capital and angel investor networks. Incorporating in Delaware and using a C-Corp structure is especially attractive to businesses seeking VC funding.
                  Yes. You don’t need a physical office to incorporate. Many foreign founders use mail forwarding services and registered agents to meet legal requirements while operating remotely.
                  The registration process requires submitting Articles of Incorporation or Articles of Organization, an Operating Agreement (for LLCs), a company address, and the appointment of a registered agent. Vakilsearch ensures all your company details are filed accurately and on time.
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