The Short Version
Federal: What the LLC Generally Needs to File
If your Delaware LLC is a single-member entity wholly owned by you and hasn't elected corporate taxation, it's typically a disregarded entity for US income tax purposes. If it had reportable transactions with you during the year — funding it, taking money out, paying its expenses personally, or any loans between you and it — it generally needs a pro forma Form 1120 with Form 5472 attached.
Delaware State: Separate From Federal
- Delaware LLCs generally owe an annual franchise tax (a flat fee, not based on income)
- A registered agent with a Delaware address is generally required to stay in good standing
- These state obligations exist regardless of your federal Form 1120/5472 status — missing one doesn't affect the other, but missing either can create real problems over time
What About Indian Tax Obligations?
This article focuses on your US filing requirements. Separately, as an Indian tax resident, you'll generally also have Indian reporting and compliance considerations for foreign assets and income — including under FEMA and Indian income tax law — which is outside the scope of US Form 1120/5472 compliance and should be reviewed with an Indian tax professional alongside your US filings.
Common Scenarios We See From Indian Founders
- Funded the Delaware LLC from an Indian bank account to get started — a reportable contribution
- The LLC has US-sourced revenue (e.g., SaaS subscriptions, consulting clients) but the founder does all the work from India
- Money is periodically moved back to India as the founder's compensation or a return on investment
- No US tax return has ever been filed because "the company barely made any money"
Each of these generally has a specific, knowable answer — but it requires looking at your actual facts rather than assuming based on what worked for someone else's company.
Own a Delaware LLC from India?
Get a clear answer on what your entity actually needs to file this year.