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Delaware C-Corp for Indian Founders – Expertvuw
US Company Formation

Delaware C-Corp Formation for Indian Founders

Last updated: 2 October 2026

Setting up a Delaware C-Corp to raise US funding or sell to US customers? Our team coordinates incorporation, the EIN and bank account, and — just as important — the Indian overseas investment (ODI) filings that resident founders must make.

Overview

Why Indian founders choose a Delaware C-Corp — and what it involves

Most US venture investors and accelerators expect a Delaware C-Corp, because Delaware company law and its courts are well understood by investors. The company is formed by filing a Certificate of Incorporation with the Delaware Division of Corporations, through a Delaware registered agent.

After incorporation, the company obtains an EIN (US tax number). Founders without a US Social Security Number apply on Form SS-4 to the IRS. The company pays 21% US federal corporate tax on profits, plus any state taxes, and files a Delaware annual report and franchise tax by 1 March each year. Under FinCEN’s current rules, US-formed companies no longer file beneficial ownership (BOI) reports.

The Indian side: a founder resident in India who subscribes to shares in a foreign company makes an overseas direct investment (ODI) under the FEMA (Overseas Investment) Rules, 2022. It is reported through an authorised dealer (AD) bank, is limited to USD 250,000 per financial year under the Liberalised Remittance Scheme for individuals, and needs an Annual Performance Report by 31 December.

Based on Delaware law, IRS and FinCEN guidance, and the FEMA (Overseas Investment) Rules, 2022. Last updated: 27 September 2026.

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What This Service Covers

What our Delaware formation service covers

1

Structure review — standalone US company or holding company above an Indian entity

2

Incorporation through a licensed Delaware registered agent

3

EIN application and US bank account support

4

Indian ODI reporting through your AD bank — Form OI or Form FC

5

Annual compliance — Delaware franchise tax and report, and the APR in India

Key facts at a glance

1 March

Delaware annual report and franchise tax due date

21%

US federal corporate income tax rate

Form SS-4

EIN application for founders without an SSN

USD 250,000

Yearly LRS limit for a resident individual’s overseas investment

31 December

Annual Performance Report due in India for each foreign entity

Two layers

Maximum layers of subsidiaries under India’s round-tripping rule

Common Issues

Where Delaware set-ups commonly go wrong

Most costly mistakes are on the Indian side, not the US side.

ODI not reported

Founders subscribe to shares without an AD bank filing, leading to late fees and blocks on further remittances.

Franchise tax surprise

A large number of authorised shares can produce a high bill under one of Delaware’s calculation methods.

Structure fixed too late

Moving an existing Indian company under the US entity later — a flip — costs more than planning it at the start.

Related Services

Related services

A US company often sits alongside an Indian company and other overseas entities.

Flip Structure

Placing your Indian company under the US holding company.

FEMA & ODI Compliance

Indian reporting for overseas investment.

Singapore Pte Ltd

An Asia-Pacific alternative.

UK Ltd Company

Access to UK and European markets.

Documents Required

Documents we need from you

Founder Documents

Company Details

Our Process

How we set up your Delaware company

1

Structure review

We confirm the structure and check it against India’s ODI and round-tripping rules.

2

Incorporation

Certificate of Incorporation filed through a Delaware registered agent.

3

EIN & bank

EIN application and support with a US bank account.

4

ODI reporting

Form OI or Form FC filed through your AD bank before or with the remittance.

5

Share issue

Founder shares issued and share certificates placed on record in India.

6

Annual compliance

Franchise tax and report in Delaware; APR in India each year.

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Annual Compliance

Yearly compliance in the US and India

Both countries expect filings every year, even if the company has no revenue.

Delaware

Annual report and franchise tax by 1 March.

US federal

Corporate income tax return each year.

India – APR

Annual Performance Report by 31 December through your AD bank.

Changes

Further investment, transfers or closure must also be reported in India.

Get in Touch

Share your query and our team will reply during business hours.






    FAQs

    Frequently Asked Questions

    Why do Indian founders choose Delaware?

    Most US investors and accelerators expect a Delaware C-Corp because its company law and courts are familiar and predictable for them.

    Yes. A resident individual can invest under the Liberalised Remittance Scheme, up to USD 250,000 per financial year, in an operating company, with ODI reporting through an AD bank.

    No. Founders without an SSN apply for an EIN on Form SS-4 to the IRS.

    Under FinCEN’s current rules, companies formed in the US are no longer required to file beneficial ownership reports. We confirm the position at the time of formation.

    A Delaware annual report and franchise tax by 1 March, a US federal tax return, and in India an Annual Performance Report by 31 December.

    About Expertvuw

    Who handles your US company

    CS Chetna Shoor, Company Secretary and Director, Expertvuw

    CS Chetna Shoor

    ACS – Director, Expertvuw Management Pvt Ltd

    US formation is completed through a licensed Delaware registered agent, and US tax filings through US tax professionals. Indian ODI reporting is prepared by Expertvuw’s team and filed through your authorised dealer bank; any certificate required by law is issued by an independent qualified professional.

    Expertvuw Management Pvt Ltd