Julian Drago
May 9, 2025
Have questions? Schedule Your Free Consultation Today
Forming an LLC from Spain has become a popular strategy for entrepreneurs looking to expand into the U.S. market without ever leaving home. This business structure not only offers tax advantages but also provides asset protection, operational flexibility, and a simple remote setup. In this guide, we walk you through everything you need to know if you're considering this step.
An LLC (Limited Liability Company) is a legal structure recognized in the United States that provides limited liability to its owners, without the formalities of a corporation. It's ideal for freelancers, digital businesses, consultants, and anyone who wants to operate in the U.S. market without becoming a resident.
Key benefits:
LLCs also allow simpler administration than other business models. They don’t require regular board meetings or complex formalities, making them a great option for entrepreneurs who want to focus on business, not bureaucracy.
You don’t need a U.S. residence, work visa, ITIN, or Spanish NIE to start. The entire process can be handled remotely.
These steps can be completed 100% online through agencies or platforms that also offer compliance support.
In the U.S.:
An LLC is only taxed in the U.S. if it's “Engaged in Trade or Business in the US” (ETBUS). If not, it won’t owe U.S. federal income tax, but must still file informational forms with the IRS.
In Spain:
As a Spanish tax resident, you'll need to report LLC income in your IRPF (personal income tax). If your income exceeds certain thresholds or you own overseas assets, you may need to submit Form 720.
If your LLC has no presence or employees in Spain and does not invoice from Spain, you likely won't be taxed as a company or need to register as self-employed—saving you taxes on digital or consulting businesses.
Consulting with tax experts familiar with both U.S. and Spanish tax law is highly recommended.
LLCs are compatible with a wide range of business models, including:
These activities fit well with the LLC structure, especially if run without physical presence in the U.S.
Plus, LLCs unlock exclusive access to U.S. business tools, financial services, discounts, and startup programs.
At Openbiz, we guide you through every step so your LLC is properly formed, fully compliant, and ready to grow internationally.
📩 Contact us and expand your business beyond borders.
Is it legal to own a U.S. LLC while living in Spain?
Yes, absolutely. You just need to report your income correctly and comply with tax obligations.
What do I need to open a U.S. business bank account?
You’ll need your EIN, Articles of Organization, Operating Agreement, and often a U.S. mailing address (can be virtual).
Can I create a single-member LLC?
Yes. Single-member LLCs are common and easy to manage.
Do I need to register as self-employed in Spain?
Only if you're invoicing from Spain or earning income directly there. If your business is fully run via your LLC, you may not need to.
How long does it take to form an LLC?
Timelines vary by state and provider, but it can usually be done in just a few days with professional help.
Which states are most recommended?
Delaware, Wyoming, and New Mexico are popular for low maintenance, privacy, and flexible laws.
