Start Your Company

  • Do I, as an Indian national residing in India, require a resident US individual with a social security (SS) number to open a company in the US?

    No. You can easily open a company in the US without having a US resident with an SS number.

  • Is a minimum share capital required to open a company in the US?

    While there is no minimum share capital required to open a company in the US, some business structures, like corporations, may issue shares with a nominal value or without par value.

  • Which company structure is better to adopt in the US?

    C Corp and a Limited Liability Company (LLC) are the only 2 structures available. ( See image at the end )

    Which company structure is better to adopt in the US?
  • Which is the most favorable US state to open a US company?

    Each US state offers distinct advantages and tax laws. When deciding on the best state for company incorporation, it's crucial to factor in “nexus”, which includes considerations like partner affiliations, office locations, warehouses, presence of employees, or generating substantial revenue.

  • What is the federal and state income tax rate in the US?

    C corporations in the US face a uniform federal income tax rate of 21%. State corporate tax rates differ, ranging from 0% to over 11%. LLCs, usually taxed as pass-through entities, bypass entity-level federal income tax, with profits reported on owners' individual returns.

  • How can my company protect its intellectual property (IP) rights in the US market?

    To protect IP in the US, companies can utilize methods like obtaining patents, registering trademarks and copyrights, drafting NDAs, conducting IP audits, monitoring for infringement, and enforcing rights through legal channels when needed.

  • Can I open a bank account of my US company held 100% by foreign entity?

    Yes. Though not all banks would allow but a few including neobaks would allow you - a non-US resident Indian national having a US company - remotely open a bank account in the US. Some of the banks that allow a foreigner without a SSN to open a business bank account, would require a face-to-face meeting at the bank location. Of course, banks would conduct KYC before approving the account opening.

  • Wise note: If there was a single best state to form your company, then all the companies would be registered there. Can I do business in all the states while having opened a company in a single state like New Jersey?

    Yes, being registered in New Jersey (NJ) allows you to conduct business in other states as well. Yet, extensive business operations in other states might necessitate registering as a foreign entity in those states to comply with their legal requirements. This is known as establishing "nexus" in a state.

  • Opening a company in a State that does not have any Corporate income tax means that my company won’t pay any income tax. Is this statement true?

    Not necessarily. While opening a company in a state without corporate income tax means the company won't pay income tax to that state, in case your company is generating revenue in a different state, you may be subject to corporate income tax in that state depending on its activities and nexus with those states.

  • What are the regulatory requirements including tax and reporting for business operations in the US?

    Running a business in the US involves various reporting duties, including submitting annual reports to the state of registration and filing federal and state taxes, sales tax, and payroll taxes. Additionally, businesses must comply with industry- specific regulatory requirements, which entail obtaining necessary licenses and permits, protecting intellectual property rights, and ensuring compliance with data privacy regulations like GDPR or CCPA.

  • What are the employment laws and regulations for hiring employees in the US?

    US employment laws cover non-discrimination, minimum wage, overtime pay, work authorization, workplace safety, family and medical leave, employee classification, contracts, benefits, and termination procedures. Employers must comply with federal, state, and local laws to ensure fair treatment and a safe working environment for employees.

  • Are there any limitations on repatriating profits from a US business to India?

    Yes, the US imposes withholding tax on certain types of income, such as dividends and interest, when paid to foreign entities like Indian residents.