Why open an LLC in the USA from Spain?
Spain has a consolidated entrepreneurial ecosystem, but local corporate structures such as the Limited Company (SL) present significant barriers to entry: minimum capital of €3,000, notary costs, and a bureaucracy that can last for weeks. Faced with this, an LLC in the United States can be established in days and without minimum capital.
But the main reason that leads Spanish entrepreneurs to open an LLC goes beyond simplicity: it is expansion into the English-speaking market. If your business model is digital—software development, marketing, design, consulting, e-commerce—having an American company opens doors that remain closed with a Spanish SL.
✓ Invoice in dollars to clients from the USA, UK, Canada and Australia
✓ Access to Stripe Atlas, AWS Credits and programs for American startups
✓ International corporate image and credibility for investors
✓ Bank account in the USA without European banking restrictions
✓ Protection of personal assets with limited liability
LLC vs SL: What are the key differences?
| Feature | LLC (USA) | SL (Spain) |
|---|---|---|
| Minimum capital | No minimum | €3,000 (reduced to €1 with SL-S) |
| Constitution time | 1–5 business days | 2–6 weeks with notary |
| Training cost | From $50 USD in fees | €500–2,000 (notary office + registration) |
| Physical presence required | No | No (with powers of attorney) |
| Annual report to the state | Optional depending on state | Mandatory deposit of accounts |
| Ideal for market | International / USA | Spain / Europe |
The LLC does not replace the SL if your activity is mainly in Spain and you invoice Spanish clients with VAT. In that case, the SL is still the correct structure. But if you have international clients or want to scale globally, the LLC is an essential strategic complement.
Necessary documents for Spaniards
The process of establishing an LLC from Spain is completely remote. The documents you need are:
- Valid passport: It is the main identification document before the state. It must be current.
- NIE (Foreign Identification Number): It is not mandatory for the formation of the LLC, but may be required by some banks or platforms for additional verification.
- Spanish DNI: valid as documentary support in some banking processes.
- Postal address in Spain: for corporate records. The registered agent in the USA (included in your Start Companies plan) covers the official address in the USA.
- Email and telephone: for verification on banking and payment platforms.
The NIE is not necessary to establish the LLC or to obtain the EIN. It may only be required in specific cases by some European banking platforms to demonstrate Spanish tax residency.
Spain-USA tax treaty: what you should know
Spain and the United States have a Double Taxation Agreement (DTA) in force since 1990, which means that there is a legal framework to prevent you from paying taxes twice on the same income.
How does the treaty apply to your LLC?
If you are a tax resident in Spain and your LLC generates income from services provided outside of US territory (most common for freelancers and digital companies), generally you will not have to pay US income tax on that income, thanks to the CDI.
However, you will have reporting obligations to the IRS (such as Form 5472 if applicable) and you must declare income from a foreign source to the Spanish Tax Agency in your Income Tax Return (IRPF), including in Form 720 if foreign assets exceed €50,000.
The tax situation of each entrepreneur is different. If you have significant income from your LLC, we recommend consulting with a Spanish tax advisor familiar with foreign income and an American CPA. Read our full article on taxes for non-resident LLCs.
Which state to choose? Recommendation for Spaniards
As for other Europeans and Latin Americans, the recommendation for Spanish entrepreneurs without a physical presence in the USA varies according to their needs:
New Mexico
The most economical and efficient option for those who want to keep costs low. No mandatory annual fees, guaranteed privacy, training in 1-3 days. Ideal for freelancers and digital consultants.
Wyoming
Recommended if you are building a startup with the prospect of attracting investment or if you prioritize maximum asset protection. Wyoming has some of the most business-friendly legislation in the entire USA. Annual fee: $60 USD minimum.
Delaware
The preferred state for venture capital investors and accelerators. If your goal is to raise investment rounds, Delaware is the market standard. Not recommended for small businesses due to its complexity and costs.
See our complete comparison at Wyoming vs New Mexico: which is the best state for your LLC?
Bank account and payments from Spain
Once your LLC is formed and the EIN is obtained, the next step is to open a bank account in the United States. The best options for Spanish entrepreneurs are:
Mercury Bank
The number one choice. Designed for startups and digital companies, Mercury offers a fee-free USD account, virtual and physical debit/credit cards, API for integrations, and excellent support. Remote approval with LLC + EIN + passport.
Relay Bank
Ideal for managing multiple projects or clients from the same company. It allows up to 20 subaccounts and is free on its basic plan.
Wise Business
If you already use Wise personally, Wise Business is an alternative to receive payments in multiple currencies (USD, EUR, GBP) with optimized conversion. It is not a traditional bank, but it is excellent for international transactions.
Practical steps: open your LLC from Spain
- Define your business model: digital services, SaaS product, e-commerce or consulting. The type of activity influences tax obligations.
- Choose the state of formation: New Mexico for minimum costs, Wyoming for maximum protection, Delaware for investors.
- Hire Start Companies: we manage the formation, the registered agent and the Operating Agreement for you.
- Get the EIN: we process it with the IRS. It takes between 2 and 6 weeks for non-residents by postal mail.
- Open your bank account: Mercury, Relay or Wise Business with LLC + EIN + passport.
- Set up Stripe or PayPal Business: both platforms accept non-resident LLCs with complete documentation.
- Consult your tax advisor in Spain: Form 720 and the foreign income tax return are obligations that you should not ignore.
FAQ: LLC from Spain
Do I have to register as self-employed in Spain if I have an LLC in the USA?
It depends on how you structure your activity. If the LLC charges clients and you receive a distribution of profits, you may not need to be self-employed in Spain for that activity. However, Spanish regulations are complex and vary depending on whether you are considered to regularly carry out an economic activity in Spain. Consult with a Spanish tax advisor.
Do I need to speak English to operate the LLC?
No. Start Companies manages all procedures in Spanish. Once operational, most platforms (Mercury, Stripe, etc.) have interfaces in Spanish.
Can I have partners in Spain and the USA simultaneously?
Yes. An LLC can have members (partners) from any country, without residency restrictions.
What happens if I don't declare my LLC in Spain?
If you have assets abroad exceeding €50,000, you are required to declare Form 720. Failure to comply carries severe penalties. Always act with fiscal transparency.
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Written by
Ignacio Navarro
Ignacio Navarro is a Certified Public Accountant, graduated in 2020 from the National University of Tucumán. Founder of Start Companies since 2023, he advises clients worldwide on forming LLCs in the United States and on proper tax filing. His expertise combines legal, tax, and practical knowledge, offering a comprehensive service that spans from company formation to bank account setup and sales platform integration.
