Can a resident of Spain own a Florida LLC?
Yes. Florida has no citizenship or residency requirement for LLC owners. You form the LLC online, with a Florida registered agent, without traveling.
What you need from Spain
- A valid passport. US banks and online identity checks usually ask for a passport rather than the DNI or NIE.
- Your home address in Spain. The LLC's principal office can be abroad.
- A Florida registered agent. Required for every Florida LLC. We provide it.
Getting the EIN without a US Social Security number
Without an SSN or ITIN, the EIN is requested with IRS Form SS-4 by fax, mail or phone for international applicants. You don't need an ITIN first. See EIN guide.
US taxes and the treaty with Spain
The United States has an income tax treaty with Spain, listed on the IRS treaty page. A treaty can reduce US withholding on some payments, such as dividends or royalties, when you qualify for its benefits.
A single-member LLC owned by a foreign person files Form 5472 with a pro forma Form 1120 for each year in which it has a reportable transaction with its owner or related parties (for example, money put in or taken out). The penalty for missing it starts at $25,000, so ask a CPA whether you had one. More in LLC for non-residents and the Form 5472 guide.
Taxes in Spain
Spain taxes residents on worldwide income. In several rulings, the Spanish tax authority has treated US LLCs as entities under the income attribution regime, so profits are taxed to the members. Spanish residents may also have to report foreign assets above certain thresholds on Modelo 720.
Good to know for Spain
The US and Spain have an income tax treaty. Spanish founders often choose a Florida LLC for digital businesses selling to US customers.
Documents between Florida and Spain
Spain is a member of the Hague Apostille Convention, so documents travel with an apostille instead of consular legalization.
- Florida documents going to Spain: your LLC records get a Florida apostille, and often a Spanish translation.
- Documents from Spain used in the US: USCIS generally needs only a certified translation, not an apostille. When another US office does ask for one, it is issued in Spain by the Ministry of Justice and the notarial colleges, which also issue electronic apostilles.
The document US offices ask for most often is the birth record. In Spain it's called the Certificado literal de nacimiento. We translate it for USCIS.
Another state instead of Florida?
Florida is not your only option. You can also form the LLC in another state we sell, such as Delaware, Wyoming, Texas or Nevada, with Coral Filings as your registered agent there. Compare fees in LLC cost by state, or see Delaware and Wyoming. We don't say one is better: ask a licensed attorney or CPA which state suits you.
One order for founders in Spain
The Founder Abroad bundle, available for Florida LLCs only, forms your LLC with a registered agent and EIN, and includes a certified copy of your Articles with the Florida apostille and a Spanish translation, prepared for use with a bank or registry in Spain; the receiving office decides whether to accept it. $444 in total: $319 for our service, which covers the State's certified-copy and apostille fees, plus the $125 Florida filing fee.
Founders from other countries
The steps above are the same for every country we cover. Guides for the other countries: Mexico, Colombia, Venezuela, Argentina, Peru, Chile, the Dominican Republic, Ecuador.
Frequently asked questions
Can a Spanish citizen open an LLC in Florida?
Yes. Florida has no citizenship or residency requirement. You need a Florida registered agent and a passport.
Does Spain have a tax treaty with the United States?
Yes, it appears on the IRS list of income tax treaties.
Do I have to travel to the US?
Not to form the LLC or get the EIN. Some banks may ask for an in-person visit to open an account.
This page is general information, not legal or tax advice. For your specific situation, talk to a licensed attorney or CPA.