How to Start a Business in Spain as an American (2026 Guide)

Can an American own a company in Spain?

Yes. US citizens can own 100% of a Sociedad Limitada (SL), Spain's private limited company, with no Spanish partner and without living in Spain. The SL is the most common choice for small and medium businesses: limited liability, flexible management and share capital from €1.

Step 1: Get your NIE at a Spanish consulate

Every foreign shareholder and director needs a NIE, the foreigner identification number used in every Spanish tax and legal procedure. You apply at the Spanish consulate that covers your state. Spain has consulates general in several US cities, including New York, Miami, Los Angeles, Chicago, Houston, Boston, San Francisco and Washington, D.C., or in Spain through a representative holding your power of attorney.

Step 2: Power of attorney and apostille

You don't need to travel. You grant a power of attorney so we can act for you in Spain. If you sign before a US notary, the document needs an apostille from the Secretary of State of the state where it was notarized, and a sworn Spanish translation. Where available, signing by video call with a Spanish notary is an alternative.

Step 3: Name, bank account and deed

We reserve the company name at the Central Mercantile Registry, open the company bank account, deposit the share capital, and the Spanish notary executes the deed of incorporation. The company then gets its tax ID (NIF), is registered at the Mercantile Registry, and receives a digital certificate for its mandatory electronic tax notifications.

Step 4: Spanish tax and accounting

The company files quarterly VAT and withholding returns, annual corporate tax and annual accounts. Corporate tax is 25% in general, 15% for new companies in their first two profitable years, and lower rates apply to small companies. From 1 January 2027, Spanish companies must use VeriFactu-compliant invoicing software.

The US side: what your CPA will need

This is where Americans are different from every other nationality, because the United States taxes its citizens on their worldwide income. Plan these points with your US tax adviser from the start:

• Form 5471: US persons who own or control a foreign corporation generally must file an information return, with significant penalties for missing it.
• FBAR (FinCEN Form 114): required if the combined balance of foreign accounts you own or have signature authority over exceeds $10,000 at any time in the year. That includes the company's Spanish bank account if you can sign on it.
• US classification of the SL: a Spanish SL can usually elect how it is treated for US tax purposes, for example as a corporation or a disregarded entity, using Form 8832. The choice has big consequences, so make it deliberately and early.
• Controlled foreign corporation rules: US anti-deferral rules can tax some of the company's profits in the US even if they are not distributed.

We prepare the Spanish accounts and figures in English, in the format your CPA needs, and coordinate directly with them.

The US and Spain tax treaty and social security

The income tax treaty between the United States and Spain, updated by a protocol in force since 2019, allocates taxing rights and provides relief from double taxation on salaries, dividends and business profits. The two countries also have a social security agreement, which can prevent paying social security in both countries for the same work.

If you want to move to Spain

Owning a Spanish company does not give you the right to live or work in Spain. Americans need a visa, such as the self-employment visa, the entrepreneur visa or the digital nomad visa for remote work. The visa you choose affects how you should structure the company, so we plan both together.

How long does it take?

Once your NIE and apostilled documents are ready, registration usually takes a few weeks. The NIE appointment and the apostille are normally the slowest steps, so start them first. After a free 30-minute consultation we send you an itemised proposal and a realistic timeline.