USA Β· India Entry Β· Ex-Big 4

πŸ‡ΊπŸ‡Έ US Company
Setting Up in India

Over 30 US companies have used our platform to incorporate in India. Here is exactly what US companies face β€” Delaware vs India structure, Section 482 transfer pricing, and DTAA planning.

Quick Facts

India entry snapshot for US Companies

30+
US companies advised
$0
FEMA penalties
22 days
Avg. incorporation
100%
FDI permitted (most sectors)
Why US companies choose India

Why US companies choose India

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Cost arbitrage without quality compromise

Senior engineering and finance talent at 20–30% of US equivalent cost. India's talent pool for SaaS, fintech, and analytics is among the deepest globally.

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Time zone advantage for global operations

IST (UTC+5:30) gives US companies a near-24-hour development cycle when combined with US East and West Coast teams.

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India as a growth market, not just a cost centre

India is the world's fastest-growing major economy. Many US companies start with a GCC and expand into full commercial operations serving the Indian market.

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DTAA reduces double taxation

The India-US DTAA reduces withholding tax on dividends, royalties, and fees. Properly structured, most US companies pay 10–15% WHT instead of 20%.

The Process

How US Companies incorporate in India

1
Structure decision & DTAA analysis Day 1

We assess your sector, FDI route, and applicable DTAA to recommend the right entity type. For USA & Canada companies, this includes reviewing intercompany pricing implications from day one.

2
Document preparation Days 2–5

Parent company documents need apostilling or equivalent authentication in USA & Canada. For foreign director KYC, this adds 3–5 days. We advise on exactly which documents are needed.

3
MCA incorporation Days 6–19

SPICe+ filing β€” company name, directors, registered office, PAN, TAN, GSTIN. Certificate of Incorporation typically in 7–12 working days after document submission.

4
RBI FCGPR filing Within 30 days

Foreign Currency Gross Provisional Return β€” mandatory FEMA filing after share allotment. For USA & Canada companies, the valuation methodology and exchange rate documentation must align with your home jurisdiction requirements.

5
Post-incorporation setup Weeks 4–6

Bank account, GST registration, TDS, payroll, transfer pricing policy, and compliance calendar. Full operational readiness.

Tax Considerations

Key tax points for US Companies in India

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India-US DTAA: dividends taxed at 15–25% (vs 20% domestic), royalties at 10–15%

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Transfer pricing under Section 92 (India) mirrors US Section 482 β€” same arm's length standard

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Form 3CEB (India TP certificate) equivalent to US Form 5471 disclosure

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US GILTI considerations apply to India subsidiary income β€” structure early to minimise exposure

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Delaware parent + India subsidiary is the most common structure β€” we set both sides up

Real Client Example

How it works in practice

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USA & Canada

US SaaS platform incorporated in India in 19 days

The challenge

Series B company needed an India entity before their first Bangalore engineering hire. Delaware parent, India subsidiary, intercompany service agreement, and TP documentation all required simultaneously.

What we delivered

Private limited company incorporated, FCGPR filed, TP policy aligned with US Section 482 arm's length standard, and first payroll run β€” all within 30 days.

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Clean TP documentation from day one. No FEMA notices. Passed first India transfer pricing scrutiny with zero adjustment.

FAQ

Common questions from US Companies

Ready to get started? Book a free 30-minute consultation.

Expert team reviews your situation and gives you a clear structure recommendation. No commitment. Written summary after the call.

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