Do I need a presence in USA to do tech support job through my India based company?

In order to do business in the United States, it is definitely worthwhile to have some form of a presence in the United States. There are several ways you go about establishing a presence. You could set up a “branch” office without creating a new corporate entity, but this may lead to a heavy tax burden. Another way of creating a U.S. presence is forming a subsidiary that would be incorporated in the United States and owned by your Indian company as the parent company. In the U.S., a company must incorporate in one of the 50 states, so one of your biggest decisions will be figuring in which state to incorporate your subsidiary.

Many U.S. companies incorporate in Delaware because of the ease of setting up a corporation there, the friendliness of its business court, and the availability of several tax advantages. But, it is only one of 50 options. Other things you should think about when choosing a state for your subsidiary is where you want establish your U.S. headquarters, where your targeted client base is, and where your competitors are operating. There are also other legal issues that will impact your establishing a U.S. presence, including what type of corporate entity you should form (a limited liability company or something else), immigration issues, taxation, and intellectual property rights.

I think it would be in your best interest to speak to a legal professional to discuss your particular situation. My company LawTrades routinely assists foreign-based companies that are interested in establishing a business presence in the United States. The lawyers on our site can offer advice on U.S. regulations, taxation, and a wide range of other legal issues which may impact your business when operating stateside. You should contact us for a free consultation.