Delaware C-Corp Incorporation

Simplifying US incorporations for Indian founders

Inkle helps Indian founders set up and maintain US companies the right way.

Delaware C-Corp formation

FEMA/ ODI compliance

EIN filing

Year-round US tax support

Incorporation structures

Choose your incorporation structure

Three paths, each built for a different founder profile and growth plan.

01

US C-Corp only

Single US entity

Compliance
US regulations only
Features
Only possible when all founders are not resident in India.
Best when raising from US/global investors.

02

India parent with US subsidiary

India topco

Compliance
India regulations mainly, some US compliances needed.
Only 2 entities (India parent, US subsidiary).
Features
Works for founder teams who want to stay in India and raise from Indian investors.
Best if bootstrapped, services company, or building mainly for India but need a US entity.

03

US-as-a-parent with India subsidiary

Classic "triangle" structure

Compliance
More complex regulations in both countries and intragroup matters.
At least 3–4 entities, more costly to start and operate.
Features
Best for founders who want to eventually move abroad, or mixed residency teams.
Ideal for raising from global investors and focusing on US/global markets.
What makes it unique

What Indian FEMA-resident 
founders need to know

US incorporation for Indian residents involves additional regulatory layers.

Here's what sets it apart.

FEMA regulations

The Foreign Exchange Management Act governs all cross-border transactions. Indian founders need to understand LRS limits ($250K/year), RBI reporting requirements, and proper form filings to stay compliant when investing in a US entity.

The ODI process

Overseas Direct Investment requires filing Form ODI with your Authorised Dealer bank. This covers initial investment, subsequent investments, and Annual Performance Reporting (APR). Inkle handles the entire filing and bank coordination.

Put-call structure

The put-call option agreement enables the ownership transfer. Indian promoters grant a call option to the US entity and receive a put option — creating a binding path to consolidate ownership under the US parent at fair market value.

Resources

Learn before you incorporate

Foundational guides for every founder setting up a US entity.

Do I need a US Social Security Number to incorporate or open a bank account?
You can incorporate and open a US business bank account without a Social Security Number—your EIN and proper documentation are sufficient.
Read guide
Why is the Managed 83(b) Election add-on not free?
Filing your 83(b) Election with Clerky's add on service
Read guide
How do I make an 83(b) election?
An 83(b) election tells the IRS how you’d like to be taxed on shares that are subject to vesting.
Read guide
How do I maintain my Delaware C-Corp after incorporation?
Maintaining your Delaware C-Corp involves a few key responsibilities to ensure your company remains in good legal standing and avoids penalties
Read guide
What are the tax implications of having a US entity and an Indian entity?
Tax implications founders should be aware of while operating in both countries.
Read guide
What are the ODI regulations with regards to US Incorporation?
Overseas Direct Investment (ODI) regulations
Read guide
FAQs

What founders ask before incorporating

Can Indian residents own a US company?
Yes. Indian residents can incorporate and own a Delaware C-Corp. This is permitted under FEMA's ODI framework, subject to Form ODI reporting with your AD bank. No prior RBI approval is needed for most structures.
Do I need FEMA approval to incorporate?
No prior approval is required for most incorporations. However, Form ODI must be filed with your Authorised Dealer bank, and the investment must comply with the LRS limit of USD 250,000/year.
Do I need an ITIN as a non-US founder?
An ITIN is required when you have personal US tax obligations — for example, when receiving a salary or dividends from your US company. Many early-stage founders may not need one immediately.
Can I open a US bank account from India?
Yes. Mercury, Relay, and Brex allow non-US residents to open business accounts remotely after incorporation. Traditional banks typically require in-person visits with US identification.
What's the difference between Stripe Atlas and Clerky?
Stripe Atlas ($500) is an automated self-serve platform — faster and simpler. Clerky ($999) provides more comprehensive attorney-quality legal documentation and is ideal for founders who want a more complete legal package. Inkle handles India-side compliance for both.
What is the 83(b) election and why does it matter?
An IRS election filed within 30 days of receiving vesting shares — it locks in your tax basis at grant-date value (near zero at founding) instead of at each vesting event. Missing this deadline is irrevocable and can result in a large tax bill later.

Ready to simplify your incorporation journey? Try Inkle Incorporate now!

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