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Home / NRI & Global Services / Delaware C-Corp 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.
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.
Delaware annual report and franchise tax due date
US federal corporate income tax rate
EIN application for founders without an SSN
Yearly LRS limit for a resident individual’s overseas investment
Annual Performance Report due in India for each foreign entity
Maximum layers of subsidiaries under India’s round-tripping rule
Most costly mistakes are on the Indian side, not the US side.
Founders subscribe to shares without an AD bank filing, leading to late fees and blocks on further remittances.
A large number of authorised shares can produce a high bill under one of Delaware’s calculation methods.
Moving an existing Indian company under the US entity later — a flip — costs more than planning it at the start.
A US company often sits alongside an Indian company and other overseas entities.
Placing your Indian company under the US holding company.
Indian reporting for overseas investment.
An Asia-Pacific alternative.
Access to UK and European markets.
We confirm the structure and check it against India’s ODI and round-tripping rules.
Certificate of Incorporation filed through a Delaware registered agent.
EIN application and support with a US bank account.
Form OI or Form FC filed through your AD bank before or with the remittance.
Founder shares issued and share certificates placed on record in India.
Franchise tax and report in Delaware; APR in India each year.
Both countries expect filings every year, even if the company has no revenue.
Annual report and franchise tax by 1 March.
Corporate income tax return each year.
Annual Performance Report by 31 December through your AD bank.
Further investment, transfers or closure must also be reported in India.
Share your query and our team will reply during business hours.
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.
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.