Your local partner in Spain for Argentine companies
Last updated 2 November 2026
The short answer
An Argentine company can be the sole shareholder of its subsidiary in Spain, or open a branch, without a Spanish partner or resident directors. It does need a presence: a NIF, a filing with the Investment Register (Registro de Inversiones), the beneficial owner, a tax representative if it opens a branch, and permits for its staff. Its documents in Spanish need only an apostille, and the 2013 treaty caps withholding taxes. We are your law firm and gestoría (administrative services firm) in Spain: we file and sign on your behalf.
Argentina and Spain in figures
| Indicator | Figure | Source |
|---|---|---|
| Productive direct investment, by country of ultimate origin | €392.7 million in 2025, more than three times the 2024 figure; €608.6 million in 2023-2025. The second Latin American investor, after Mexico, in both periods | DataInvex, consulted on 2 November 2026, provisional data |
| Investment position at the end of 2022 | €9,240 million, 1.7% of the total | Secretariat of State for Trade (Secretaría de Estado de Comercio), Position 2022, consulted on 2 November 2026 |
Much of it arrives through companies in third countries: by country of immediate origin, only €9.5 million in 2025 (DataInvex, same query).
What Spain requires of an Argentine company
| Obligation | Does it apply to you? | Specifically |
|---|---|---|
| Prior authorisation of the investment | In sensitive sectors, or in all sectors if your company is controlled by the Argentine State or has already invested or operated in those sectors in another EU country | Acquiring 10% or control of a Spanish company in critical infrastructure or technologies, energy, raw materials, sensitive data or the media requires authorisation, save for exemptions: three months at most, silence means refusal, and without it the transaction is not valid. |
| Investment Register | Yes | Form D-1A within the month following incorporation, the opening of a branch, a capital increase or a loan of more than €1 million for more than one year (if a notary is involved, the notary files it); annual report D-4 if capital, the branch's allocated capital or net equity exceeds €3 million, or if the subsidiary heads a group. |
| NIF and NIE | Yes | A tax identification number (NIF) with the letter N for the parent company before signing (W for the branch) and a foreigner identity number (NIE) for whoever signs. |
| Tax representative | If it opens a branch or another permanent establishment, if it provides services in Spain without one, or if the Spanish Tax Agency (Agencia Tributaria) requires it | A resident tax representative, appointed before the first return; the representative is jointly and severally liable for the branch's tax debt. Failure to appoint one carries a penalty of €2,000. |
| VAT representative | If the parent company declares VAT in Spain without being established here | Argentina is not exempt (only Norway is), unless the EU VAT one-stop shops are used. |
| Beneficial owner | Yes | Whoever controls more than 25%; the subsidiary declares this every year at the Commercial Registry (Registro Mercantil). |
| Staff | If they come from outside the EU | Residence and work permit, see below. |
| Apostille and translation | Apostille, yes; translation, no | Argentina has applied the Apostille Convention since 1988; anything drafted in Spanish is not translated. |
| Electronic dealings with the authorities | Yes | Procedures and notifications are handled electronically, in Spanish. |
| Data protection representative in the EU | Only in one case | If the parent company, from Argentina, offers goods or services to people in the EU or monitors their behaviour. |
What changes when you come from Argentina
- Double taxation treaty of 2013 (which replaced the 1992 treaty, terminated by Argentina): maximum withholding of 10% or 15% on dividends, 12% on interest and from 3% to 15% on royalties; from 2027, read together with the Multilateral Convention (BEPS).
- Services without an office: more than six months of work by your staff in Spain, within any twelve-month period and on the same project or connected projects, create a permanent establishment whose profits are taxed here.
- Investment protection (the 1991 bilateral investment agreement, Acuerdo para la Promoción y Protección Recíproca de Inversiones, APPRI, in force since 1992): fair and equitable treatment, free transfer of income within six months at most, compensation in the event of expropriation, and international arbitration if the Spanish courts have not decided the merits within 18 months.
- The parent company's documents: the articles of association (estatuto o contrato social) registered with the Public Registry (Registro Público) (in the City of Buenos Aires, the Inspección General de Justicia, which certifies the company and its directors), the resolution of the board of directors (directorio) or of the managers (gerencia), and a power of attorney executed before a notary (escribano), apostilled by the Ministry of Foreign Affairs (Cancillería) or by the college of notaries.
- Outflow of funds: the Central Bank of Argentina (Banco Central de la República Argentina, BCRA) requires its prior approval for a company to buy foreign currency on the official market for a direct investment or an intra-group loan abroad.
- Investment through another company: if your group invests through a third country, even one in the EU, prior screening still applies when the ultimate controller, with more than 25%, is outside the EU and EFTA.
- Social Security: posted executives and technical staff continue to contribute in Argentina for up to 24 months with the temporary transfer certificate (certificado de traslado temporario) issued by ANSES, and contributions paid in both countries are aggregated for pension purposes (agreement in force since 2004).
- Personal data: the European Commission recognises Argentina as providing adequate protection, so the subsidiary can send data to the parent company without standard contractual clauses.
Step by step, from Argentina to your operating subsidiary in Spain
- 1
Review and fixed quote
We review the project and give you a fixed quote in writing, after identifying the beneficial owners of your group, as the anti-money laundering law requires of us.
- 2
Timetable for funds
We align it with the arrival of funds: the limited company can be formed with little capital and increase it later.
- 3
Resolution and power of attorney in Argentina
We tell you what the board of directors or the managers need to resolve and prepare the power of attorney for whoever will sign in Spain; both are executed before a notary (escribano) and apostilled.
- 4
NIF and NIE
We apply for the parent company's NIF and prepare the signatory's NIE application: the Spanish notary requires both.
- 5
Incorporation or branch
Certificate that the company name is not already registered, articles of association and deed of the limited company, or registration of the branch. Notary, registry and official fees are separate and payable by you.
- 6
Bank account
The bank opens it under its own requirements, and may require the signatory to appear in person.
- 7
Investment Register
Form D-1A: the notary files it, or it is declared within the following month.
- 8
Tax registration and staff
Tax registration, authorisation to act before the Spanish Tax Agency, registration with the Social Security (Seguridad Social), employee registrations and permits.
- 9
Annual compliance
Corporate Income Tax, VAT, withholdings on payments to the parent company, related-party transactions, annual accounts and beneficial owner.
Your Argentine team in Spain
No visa is needed for business trips: 90 days in any 180-day period, with ETIAS once it is in operation. Working for the subsidiary requires a residence and work permit, unless the person holds Spanish nationality or that of another EU country; the Large Companies Unit (Unidad de Grandes Empresas) processes it and decides within 20 days, with silence meaning approval, and the visa within 10 working days.
- Intra-corporate transfer: executives, specialists or trainees with three months' service in the group; up to three years (one for trainees).
- Highly qualified professional or EU Blue Card: three years, renewable for two.
- Entrepreneur, with a favourable report from ENISA, and international teleworking for those who work from Spain for the parent company.
- Family: spouse or partner, minor or dependent children and dependent ascendants, at the same time as the permit holder or later (family reunification).
The treaty with Argentina and what is paid in Spain
The subsidiary is taxed like any Spanish company, at 25%; the reduced rates are measured against the turnover of the whole group, and the 15% rate for newly created entities does not apply to a group subsidiary.
| Payment from the subsidiary to the parent company | Without the treaty | Maximum under the treaty |
|---|---|---|
| Dividends, with a direct holding of at least 25% | 19% | 10% |
| Other dividends | 19% | 15% |
| Interest | 19% | 12% |
| Interest linked to the sale of equipment | 19% | Exempt |
| Patents, computer software, know-how and technical assistance | 24% | 10% |
| Copyright in literary, dramatic, musical or artistic works, received by the author or the author's heirs | 24% | 5% |
| News | 24% | 3% |
| Trade marks and other royalties | 24% | 15% |
From 1 January 2027, the 10% rate requires that 25% holding to be maintained for 365 days, including the day of payment: if the subsidiary is going to distribute profits soon, we plan for this when it is incorporated.
The subsidiary keeps the parent company's certificate of tax residence issued by the Argentine tax authority (ARCA), valid for one year. The treaty denies its benefits where obtaining them is one of the principal purposes of the transaction: we review the structure beforehand.
With a branch, profits are taxed at the same rate, the treaty also attributes to it sales in Spain of similar goods made by the parent company, and amounts transferred to Argentina may bear an additional 19% unless there is reciprocal treatment: we check this before you choose.
What we do for you
We file and sign on your behalf before the Spanish Tax Agency, the Social Security, the Large Companies Unit (MERCURIO) and the Registries, in Spanish, in writing and remotely. We are available at any time, including during Argentine business hours.
- Subsidiary or branch, with its NIFs, tax registration and beneficial owner.
- Tax representation where the case allows it; if the law were to make us liable for your debt, we tell you beforehand and agree the guarantees.
- Permits for your team, nationality, the subsidiary's taxes and accounts, shareholders' agreement and European Union trade mark.
We do not provide a registered office or an address for notifications, nor do we act as directors, secretaries or shareholders of your company (nominee or otherwise), customs representative, IOSS intermediary or product responsible person; nor do we apostille documents or sign sworn translations (we coordinate them), or handle Spanish trade mark applications filed by a company from outside the EU.
Frequently asked questions
Do I need a Spanish partner or a resident director?
No. Your company can be the sole shareholder, with non-resident directors. Minimum capital: €1; below €3,000, 20% of profits is set aside and, if the company is wound up without sufficient assets, the shareholders are liable for the shortfall.
Do the articles of association and the powers of attorney have to be translated?
Not if they are in Spanish: the apostille from the Argentine Ministry of Foreign Affairs (Cancillería) or from the college of notaries is enough.
How much does Spain withhold on dividends paid to Argentina?
A maximum of 10% if the parent company holds at least 25% directly (from 2027, for 365 days) and 15% otherwise, compared with 19% without the treaty.
How does the parent company send funds from Argentina?
Buying foreign currency on the official market to invest abroad requires the prior approval of the BCRA, which your company applies for in Argentina; in Spain, we align the timetable for incorporation and capital increases with it.
When can my staff apply for Spanish nationality?
Argentines by origin may apply for Spanish nationality after two years of lawful residence, or after one year if a parent or grandparent was Spanish by origin, without a language exam (DELE) and without renouncing their Argentine nationality before the Spanish authorities.
This guide explains the general framework and does not replace a review of your own case: what applies to you depends on your transaction, your sector and your structure.