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From Spain · Europe

Start a US company from Spain

For founders in Spain who sell into the US as a US vendor or raise from US investors. An SL already gets you Stripe, and Mercury and Wise Business both serve founders here. Spain can tax a single-member LLC's profit to you as it's earned, so read that section first.

Launch + Wyoming filing; the tax return is separate.Checked by Saais Patel, compliance reviewer.

At a glance

Mercury takes applications from founders living in Spain. Wise Business is the usual second account.

The banks, in detail
US tax treaty
In force
Local Stripe
Yes
Mercury
Yes
Currency
EUR
Our fee
from $249
Wyoming's fee
$102.40
Until we file
Refunded in full

You can form a US company while living in Spain, without an SSN or a US visit, and Mercury and Wise Business both open for founders here. Launch starts at $351.40 in Wyoming, including our plan and state filing fee. An SL already gets you Stripe, so the reason is usually US customers or investors. The Spanish points: a single-member LLC's profit can be taxed to you as it's earned, the investment goes on form D-5A within a month, and large accounts go on Modelo 720.

Before you form

Start with whether you need a US company, and how Spain will tax it.

  • You may not need a US company

    Card payments from customers worldwide

    Stripe already supports Spanish businesses, and an SL or self-employment is what Spanish banks and the tax office understand.

    Getting access to Stripe
  • A Wyoming LLC or a C-Corp, after advice

    Selling into the US as a US vendor

    Some US buyers and platforms want a US contracting party. A single-member LLC's profit can be taxed to you as it's earned.

    US companies for SaaS
  • A Delaware C-Corp

    Raising from US investors

    US investors usually want a Delaware C-Corp. Where it's managed decides whether Spain taxes it as resident.

    Raising from US investors
  • A US subsidiary

    A Spanish SL expanding to the US

    An SL can own a US company as its subsidiary. Declare it on form D-5A, and check the CFC rules if it pays little tax.

    US holding companies

BaseAcross's Wyoming LLC and Delaware C-Corp options for founders in Spain

Wyoming LLC

Owner-run business selling to US customers, after advice.

State filing
$102.40
Yearly state charge
From $60
Wyoming LLC formation

Delaware C-Corp

Raising from US investors; plan where it's managed.

State filing
$110
Yearly state charge
$450 for the model shown
Delaware C-Corp formation

Both charges are the state's, before our plan, optional services and your advisers' fees. Wyoming sets a minimum yearly charge, and Delaware's franchise tax depends on how it's calculated. Staff, stock or premises in another state can bring obligations there. An S-corporation isn't an option, because nonresident aliens can't hold its shares.

Prepare the information

Different documents are needed at different stages.

You provide

Before state filing

  • Your proposed company name, business activity and chosen structure.
  • Owners' names exactly as on their passports, ownership shares, managers and home addresses.
  • Where the company will be managed, because Spain's residence test asks.
  • The approved company name and formation details.
  • The responsible party. Without an SSN or ITIN, the application goes on Form SS-4.
  • Accurate mailing and principal business addresses, and your signed authorization where required.
You confirm; we prepare

After formation, for the EIN

  • A passport for each owner the provider asks about.
  • Formation documents, the EIN confirmation and the operating agreement.
  • A real business address, your website, a description of the business and the source of funds, as each provider asks.
The provider verifies

For bank and payment applications

  • Form D-5A for the Investment Register, within one month of investing.
  • Modelo 720 if your accounts abroad together exceed EUR 50,000.
  • The operating agreement and the company's US tax classification, so your adviser can apply the 2020 resolution.
You and your asesor fiscal

For the Agencia Tributaria

You don't need a Spanish SL to form a US company. The EIN is the US company's tax ID. Send identity documents through a secure request, and only the ones asked for.

How it works

Seven steps from Spain to a maintained US company.

The state approves the company, the IRS issues the EIN and each provider approves its own account. In Spain, your asesor fiscal handles the Agencia Tributaria and the Investment Register; we don't file there.

You and your asesor fiscal

Check the Spanish side first

Decide whether you need a US company at all, whether its profit will be taxed to you as earned, and where it will be managed.

You leave this stage with: A structure and tax plan that fits Spain's rules.

01 / 07

Plan the wait

Formation, the EIN and banking have separate timelines.

Published service estimates and prerequisites for a Wyoming company from Spain

  1. Wyoming formationSame day
  2. Ordinary EINsix to eight weeks
  3. Expedited EINtwo to three weeks
  4. Bank and payment accountsProvider review
  5. US Stripe accountStripe's review
  1. Wyoming formation

    Same day

    The clock starts
    Complete filing accepted by the state
    What can change it
    Our order checks and filing batch come first. Expedited filing changes our queue; it doesn't speed up the EIN.
  2. Ordinary EIN

    six to eight weeks

    The clock starts
    EIN application after formation
    What can change it
    Included in the plan. This is our published estimate; the IRS queue can change.
  3. Expedited EIN

    two to three weeks

    The clock starts
    EIN application after formation
    What can change it
    Optional $199 service. An estimate, with issuance controlled by the IRS.
  4. Bank and payment accounts

    Provider review

    The clock starts
    Company and owner information ready
    What can change it
    Mercury, Wise and any other provider set their own timing, may ask for more documents and can decline an application.
  5. US Stripe account

    Stripe's review

    The clock starts
    US bank account and website ready
    What can change it
    Stripe reviews the business and the person behind it, and can decline.

These are service estimates, not promised completion dates. The IRS and each provider set their own processing times. Names or addresses that differ between documents slow every stage.

What it costs

The same price from Spain as from anywhere.

Charged in US dollars, with the Wyoming state fee passed on at cost. Where you live changes which bank we introduce you to, not the price.

LLC cost calculator

Launch

To start

$351.40

$249 our fee + $102.40 Wyoming fee

Renews from $309 a year

OperateBilled yearly

To start

$2,490.40

$2,388 our fee + $102.40 Wyoming fee

Renews from $2,448 a year

Included in both plans

  • State formation filing
  • Registered agent and registered office
  • EIN application without an SSN
  • LLC Operating Agreement or corporate bylaws
  • Bank and payment application guidance
  • Filing calendar and reminders

What changes because you live here

The filing is the same from anywhere. Four things aren't.

Treaty status, payment availability, bank eligibility and time zones. Sources checked 14 October 2026; account approval remains with the provider.

1 of 4: The tax treaty

The tax treaty

The tax treaty: In force

The US–Spain income tax treaty is in force, with a protocol in force since 2019.

It exempts interest and royalties from US withholding, and caps dividends at 15%, or 5% for a qualifying company shareholder. Pay for work you do in Spain generally isn't US-source income, so the treaty matters less for a services business.

How Spain sees it

Spain may tax the LLC's profit to you, and wants two forms.

The classification comes from the Dirección General de Tributos' resolution in the BOE, the forms from the Agencia Tributaria and the BOE, all in Spanish; the rates from PwC's summary. They run alongside the US steps below.

  1. Within one month of investing

    You

    Form D-5A to the Investment Register for the investment in an unlisted foreign company.

  2. As the LLC earns

    You and your asesor fiscal

    If it pays no US tax itself and its income is attributed to you, that income is taxed to you as it's earned, paid out or not.

  3. From 1 January to 31 March

    You

    Modelo 720 when accounts abroad you hold or are authorised on exceed EUR 50,000 together. Again only after a rise of more than EUR 20,000.

  4. If it's managed from Spain

    The company, with your asesor fiscal

    Corporate tax at 25% on its worldwide income.

Worked example

Modelo 720, worked through

This follows the Agencia Tributaria's own example of one account held and one authorised. Your asesor fiscal confirms the balances to use.

  1. On 31 December you hold a personal account at a US bank with EUR 40,000.

  2. You're also authorised on your LLC's Mercury account, which holds EUR 30,000.

  3. Together that's EUR 70,000, above EUR 50,000, so both go on Modelo 720 between 1 January and 31 March.

  4. Next year, file again only if the total rises by more than EUR 20,000, to over EUR 90,000.

What Spain expects

Owning a US company doesn't take you out of Spain's tax system.

Spain can tax a disregarded LLC's profit to you as it's earned, taxes a company run from Spain as resident, and wants Modelo 720 and form D-5A.

How Spain sees an LLC

Under the Dirección General de Tributos' 2020 resolution, a foreign entity's income is taxed to its members when the entity pays no income tax where it's formed, its income is attributed to them as it's earned, and it keeps its character. A single-member LLC the US disregards is the case to check.

Modelo 720

Accounts abroad you hold or are authorised on go on Modelo 720 when together they exceed EUR 50,000, at 31 December or on average in the last quarter. It's filed from 1 January to 31 March, and again only after the total rises by more than EUR 20,000.

Investment Register

An investment in an unlisted foreign company is declared to the Investment Register on form D-5A within one month of making it. An annual report, form D-8, follows when the company's net equity exceeds EUR 1,502,530.27 and you hold 10% or more.

Where it is run

A company whose effective head office is in Spain, because its business is managed and controlled from Spain, is Spanish-resident and pays corporate tax at 25% on its worldwide income.

Residence

You're resident if you spend more than 183 days in Spain in a calendar year, or Spain is the main base of your activities or economic interests. Spain presumes it if your spouse and minor children live there.

On the record

We form US companies. We aren't Spanish tax advisers. These are the rules as they're generally published, they change, and how they apply to you depends on details this page can't know. Take this list to a tax adviser in Spain before you order, and we'll tell you what the US forms need.

After formation

Someone has to own each filing, in each country.

US information reporting

A US LLC with one foreign owner is usually a disregarded entity that files Form 5472 with a pro forma Form 1120 when it has reportable transactions with you. Money you put in, take out or are paid for your work can count even in a year without sales. The IRS penalty for not filing starts at $25,000.

For a calendar-year company, the return is usually due 15 April, and Form 7004 requests an extension before then. A C-Corp, or an LLC with more than one owner, files different returns.

Form 5472 and the pro forma 1120

State, Agencia Tributaria and ownership checks

Keep the registered agent active and track the state's yearly charge. In Spain, file form D-5A after investing, Modelo 720 when the accounts are large enough, and your return with any income taxed to you.

US-created companies are exempt from BOI reporting under FinCEN's current rule, effective 14 August 2026. Banks and payment providers still verify who owns the company.

Who handles each formation, banking and filing responsibility
TaskWho handles itWhere the responsibility ends
Formation and EIN applicationBaseAcross prepares and submitsThe state approves formation; the IRS issues the EIN.
Bank and payment applicationsYou, with our guidanceThe provider verifies the information and decides.
Form D-5A, Modelo 720 and Spanish returnsYou and your asesor fiscalWe provide the US company records they need.
Annual state filingYou, or our optional filing serviceReminders are included; managed filing and the state charge are separate.
US federal returnsYou and your US tax preparerLaunch and Operate remind you; they don't file the return.

Prepare the conversation

Take these questions to your asesor fiscal before you order.

Bring the owners, where each lives, the operating agreement, where management decisions will be made and the business activity. Each question is also in Spanish.

Download the checklist for your asesor fiscal (.txt)
  1. 01
    EN

    Under the 2020 resolution, is my US LLC an attribution-of-income entity, so its profit is taxed to me as it's earned?

    ES

    Según la resolución de 2020, ¿mi LLC estadounidense es una entidad en atribución de rentas, de modo que su beneficio me tributa a medida que se obtiene?

  2. 02
    EN

    Would the company's effective head office be in Spain, making it liable to corporate tax here?

    ES

    ¿Estaría la sede de dirección efectiva de la sociedad en España, de modo que tribute aquí por el Impuesto sobre Sociedades?

  3. 03
    EN

    How are payments from the company to me taxed?

    ES

    ¿Cómo tributan los pagos que la sociedad me haga?

  4. 04
    EN

    Do I file form D-5A for my investment, and by when?

    ES

    ¿Debo presentar el modelo D-5A por mi inversión, y en qué plazo?

  5. 05
    EN

    Which accounts go on Modelo 720, including the company's account if I'm authorised on it?

    ES

    ¿Qué cuentas van en el modelo 720, incluida la de la sociedad si soy autorizado?

  6. 06
    EN

    Would an SL or self-employment serve me better than a US company?

    ES

    ¿Me convendría más una SL o darme de alta como autónomo que una sociedad estadounidense?

  7. 07
    EN

    How should I keep records for the US return and my Spanish returns?

    ES

    ¿Cómo debo llevar la documentación para la declaración estadounidense y mis declaraciones en España?

Questions

Questions from Spain.

If yours is not here, email us at hello@baseacross.com before you order.

Can a Spanish resident own a US LLC?

Yes. US law doesn't require an LLC's owners to be US citizens or residents, and formation, the EIN and the bank applications all happen remotely. The Spanish questions are how the tax office sees it, where it's managed and what you declare.

Does Spain tax a single-member LLC's profit to me?

It can, as it's earned. Under the Dirección General de Tributos' 2020 resolution, a foreign entity's income is taxed to its members when the entity pays no income tax where it's formed, its income is attributed to them as earned, and it keeps its character. A single-member LLC the US disregards is the case to check.

Can Spain tax my US company as Spanish?

It can. A company whose effective head office is in Spain, because its business is managed and controlled from Spain, is Spanish-resident and pays corporate tax at 25% on its worldwide income.

Do I report the investment in Spain?

Yes. An investment in an unlisted foreign company is declared to the Investment Register on form D-5A within one month of making it. An annual report, form D-8, follows only above EUR 1,502,530.27 of the company's net equity, with 10% or more.

Do I declare the US bank accounts on Modelo 720?

When they're large enough. Accounts abroad you hold or are authorised on go on Modelo 720 when together they exceed EUR 50,000. It's filed from 1 January to 31 March, and again only after the total rises by more than EUR 20,000.

How much does a US company from Spain cost?

Launch starts at $351.40: $249 for the plan plus $102.40 for the Wyoming filing. The plan and Wyoming's minimum yearly charge then total $309 a year. Your asesor fiscal's fees, US return preparation and Spanish filings are separate. Wyoming's license tax can be more than its $60 minimum.

Should I form a Wyoming LLC or a Delaware C-Corp from Spain?

A Wyoming LLC suits an owner-run business selling to US customers, once you know how Spain will tax it. A Delaware C-Corp suits raising from US investors. Nonresident aliens can't hold shares in an S-corporation.

Can I get an EIN without an SSN or ITIN?

Yes. Without an SSN or ITIN, the application goes on Form SS-4 instead of the IRS's online tool. We prepare it after the company is formed, and the IRS issues the number.

How long does it take from Spain?

Each stage has its own clock. Wyoming's published turnaround is same day once a complete filing is accepted. Our ordinary EIN estimate is six to eight weeks after the application, or two to three weeks with the $199 expedited option. Banks, payment providers and Stripe each set their own review times. These are estimates, not promises.

Can I open a Mercury account from Spain?

Usually you can apply. Spain isn't on Mercury's list of countries it doesn't serve, and the list goes by where you live. Mercury still reviews each company and can decline.

Can I use Wise Business for the US company?

Usually, yes. Spain is on Wise's list of places where people can hold money, so a US company run from Spain can get USD account details. Wise reviews each business.

Do I need a US company for Stripe in Spain?

No. Stripe supports businesses in Spain, and an SL gets you Stripe too. A US company is for selling as a US vendor, US contracts, US investors or platforms that need one.

Do I pay US tax on work I do from Spain?

Generally not. Pay for work you do in Spain is generally not US-source income, so a US company with no US office or staff often owes no US income tax on it. A single-owner LLC still files Form 5472 with a pro forma Form 1120 when it has reportable transactions with you.

Is there a US–Spain tax treaty?

Yes, it's in force, with a protocol in force since 2019. It exempts interest and royalties from US withholding, and caps dividends at 15%, or 5% for a qualifying company shareholder.

Could Spain's CFC rules reach the company?

They can. Spanish residents can be taxed on certain income of a foreign company when the tax it pays is under 75% of what Spain would charge. An LLC that pays no US tax is one to check with your asesor fiscal.

Does BaseAcross file the US and Spanish returns for me?

On Launch and Operate, we add deadlines and reminders; you or your accountant file the federal returns. Managed annual state compliance is an optional $149 service fee a year, with the state's charge separate. Form D-5A, Modelo 720 and your Spanish returns are for you and your asesor fiscal.

Does my new US LLC need a BOI report?

US-created companies are exempt under FinCEN's current BOI rule, effective 14 August 2026. A company formed outside the US and registered to do business there is a different case. Banks still collect ownership details for their own checks.

Sources and editorial scope

Check the published rules behind the explanation.

Prepared by the BaseAcross team and reviewed by Saais Patel, compliance reviewer. Sources checked . This is general formation information, with source links for the tax and banking context. An individual tax or legal review remains with your qualified advisers.

The classification is read from the Dirección General de Tributos' 2020 resolution in the BOE, Modelo 720 from the Agencia Tributaria's own pages, and form D-5A from the 2016 BOE resolution, all in Spanish. Residence, corporate tax and the CFC rules come from PwC's Worldwide Tax Summaries. Confirm the current position with your asesor fiscal before acting.

Ready when you are

Answer the questions. We do the filing.

It takes about four minutes. You see the whole order, state fee included, before anything is charged.

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Madrid

Spain

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Wyoming

LLC · Cheyenne, WY

Plan
Launch
First year
$351.40
To order
10 steps
Start from Spain

Launch · $249 + $102.40 Wyoming · Same day