US LLC for Indian Amazon Sellers - Complete 2026 Guide
Every step of forming a US LLC from India. Texas vs Wyoming vs Delaware compared, EIN without SSN (the actual IRS form to file), US bank account opening remotely, ongoing compliance. Based on 12 LLCs we have formed for Indian founders since 2024.
State: Texas (lowest fees + simplest) for most.
Filing fee: $300.
EIN: Form SS-4 via fax to IRS - 7-14 days.
Bank: Mercury or Relay (both free, both remote).
Annual compliance: ~$600/yr (Form 5472, 1120, BOI, state report).
Total Year 1 DIY: ~$950. With us: $1,499 all-in.
What's in this guide
Why you need a US LLC
Amazon USA requires a US tax ID (EIN) and US bank account to register a Seller Central account that gets paid out reliably. You cannot use your Indian PAN or Pvt Ltd directly. A US LLC is the cleanest, cheapest, and fastest legal entity for an Indian founder to satisfy Amazon's requirements.
Other reasons:
- Liability protection (LLC = limited liability)
- Tax efficiency (pass-through entity by default; can elect C-Corp if needed)
- Professional credibility with US suppliers, banks, and payment processors
- Lower withholding on US-source income (with proper W-8BEN-E filing)
Which state to file in
Three states dominate the LLC market for foreign founders:
| State | Filing fee | Annual cost | Privacy | Best for |
|---|---|---|---|---|
| Texas | $300 | $0 (under $1.23M revenue) | Good (no member disclosure) | Most Amazon sellers |
| Wyoming | $100 | $60 | Excellent (anonymous LLC) | Privacy-focused founders |
| Delaware | $90 | $300 (franchise tax) | Moderate | VC-backed startups |
For Amazon sellers under $5M annual GMV, Texas is the right choice 90% of the time. Lower annual cost than Wyoming once you factor registered agent. Simpler than Delaware. No state income tax. The Texas franchise tax is $0 until you cross $1.23M in revenue - at which point you've already won and can afford to pay it.
How to file the LLC
For Texas:
- Check name availability at Texas Comptroller
- Appoint a Registered Agent - required Texas address, ~$125/year (we include this in our $1,499 package). DIY options: online registered-agent services run $125-$199/year.
- File Certificate of Formation (Form 205) at Texas SOS. $300 fee. Online filing.
- Wait 3-5 business days for the filed Certificate to come back via email.
- Draft Operating Agreement (not filed publicly, but required by banks). Use a US-licensed attorney or our template.
How to get an EIN without an SSN
This trips up almost every Indian founder doing it themselves. The IRS online application requires an SSN. Do not try the online form.
The correct path for foreign founders:
- Fill out Form SS-4 (available at irs.gov)
- On line 7b (SSN/ITIN), write "Foreign"
- Sign as the Responsible Party - that's you, the Indian owner. Use your full legal name.
- Fax Form SS-4 to the IRS international fax line: +1 (855) 215-1627
- Wait 7-14 business days. The IRS faxes back your EIN (or you can request the EIN letter CP575 via mail to your Texas registered agent address).
Critical: Also file Form 8821 (Tax Information Authorization) naming your US-based agent. Without it, the IRS won't talk to anyone but you, and following up from India is impossible.
Opening a US bank account
You used to need to fly to the US. You don't anymore. Three banks open business accounts for foreign-owned LLCs remotely:
- Mercury (mercury.com) - best overall. Free. Strong dashboard. API access. 5-10 day approval.
- Relay (relayfi.com) - cleaner for high-transaction businesses. Free. 3-7 days.
- Wise Business (wise.com) - best for multi-currency. 1-3 days. Limited US-only features.
To apply, you need:
- Filed Certificate of Formation
- EIN letter (CP575)
- Operating Agreement
- Your passport
- US business address (your registered agent address works)
- Proof of residence in India (utility bill)
BOI (FinCEN) filing
Under the Corporate Transparency Act (effective Jan 2024), every US LLC must file a Beneficial Ownership Information report with FinCEN within 30 days of formation. Missing this carries a $500/day penalty.
What's disclosed: every beneficial owner with 25%+ ownership, plus anyone with "substantial control." For most Indian-owned LLCs, this is just the founder. The filing is free and takes 20 minutes at boiefiling.fincen.gov.
Update within 30 days whenever ownership changes.
Annual compliance
Every year you'll need to file:
| Form | Due | Cost | Penalty if missed |
|---|---|---|---|
| Form 5472 (foreign-owned LLC) | April 15 | $250 CPA fee | $25,000/year |
| Form 1120 pro-forma | April 15 | $350 CPA fee | Late filing penalty |
| Texas Public Information Report | May 15 | $0 | $50/year + risk of forfeiture |
| Texas Franchise Tax Report | May 15 | $0 (under $1.23M) | Same as above |
| Registered Agent renewal | Anniversary | $125 | Loss of good standing |
| BOI updates | Within 30d of change | $0 | $500/day |
Total annual cost: ~$725 if everything's clean. We handle all of this in our Sales Tax + IRS service for $299/month.
Common mistakes
- Trying to file the EIN online - fails for foreign founders. Use fax.
- Skipping Form 8821 - IRS won't talk to your agent, follow-up takes 90+ days from India.
- Using a P.O. Box address - banks reject these. Use your registered agent's street address.
- Forgetting the BOI filing - $500/day penalty. Set a calendar reminder for day 25.
- Filing in Wyoming for "privacy" when you don't need it - Wyoming is great for some, but the extra annual cost rarely justifies it for Amazon sellers.
- Missing Form 5472 - $25,000 penalty. This is the single most expensive mistake foreign-owned LLCs make.
The $1,499 we charge for the complete service is less than the cost of one Form 5472 mistake. Even if you DIY everything else, hire someone for the annual filings.
If you want help, our US LLC service handles all of this end-to-end. Or use our LLC Cost Calculator to see what your specific year-1 cost looks like.
What happens after formation: the obligations that protect you
Forming the LLC is the beginning of a relationship with US compliance, not a one-time transaction, and understanding the ongoing obligations is what keeps the entity, and you, in good standing. A single-member foreign-owned LLC must file an annual federal return, Form 1120 together with Form 5472, every year, even when there is no US tax due and no profit was made. This is an information return reporting transactions between you and your company, and the penalty for failing to file Form 5472 starts at $25,000, which is precisely why it must never be missed. Alongside it sit a one-time BOI report to FinCEN, disclosing the beneficial owners of the company, and a small annual state report to keep the LLC active in its home state.
None of these is difficult when handled on time, but each carries consequences when ignored, and the steep Form 5472 penalty in particular catches sellers who assumed that no tax due meant no filing required. The obligations are predictable and manageable, but they are real, and budgeting for them, in time and in modest cost, from the start is part of forming the company the right way.
Common mistakes Indian sellers make with their LLC
A handful of avoidable errors recur often enough to be worth naming. The first is choosing the formation state for prestige rather than fit, paying Delaware's higher ongoing costs for a product business that gains nothing from them when Texas or Wyoming would serve better for less. The second is treating the EIN as an obstacle and either giving up or paying an unnecessary intermediary, when the SS-4 fax route is entirely workable for a non-resident. The third, and most expensive, is forgetting the annual federal filing and walking into the $25,000 Form 5472 penalty. The fourth is mixing personal and business finances, which undermines the very liability protection the LLC exists to provide, keeping the company's banking strictly separate is part of preserving its legal shield.
The thread connecting these mistakes is that they all stem from treating the LLC as a box to tick rather than a structure to maintain. The LLC is the legal and financial foundation that makes the bank account, the Amazon account, and the supplier relationships possible, and like any foundation, it needs to be built correctly and kept in good repair. Set it up thoughtfully, keep its filings current, and keep its finances clean, and it quietly does its job for years; neglect it, and the foundation becomes the very thing that puts the business at risk.