Your local partner in Spain for United States companies
Last updated 2 November 2026
The short answer
As a general rule, a United States company does not need a Spanish partner: it can own 100% of its subsidiary and have directors who live in the United States. What Spain does require is a presence: a tax identification number (Número de Identificación Fiscal, NIF) for the parent company, apostilled and translated documents, a filing with the Investment Register (Registro de Inversiones), prior authorisation in sensitive sectors, a tax representative if it operates through a branch, and permits for its staff. Managora, a law firm and gestoría (administrative services firm), files and signs on your behalf, remotely and in writing.
The United States and Spain in figures
The United States is the leading foreign investor in Spain by country of ultimate origin, that is, the country of whoever actually controls the investment:
| Indicator | Figure | Source |
|---|---|---|
| Investment in 2025 | €10,288.8 million: 31% of the total, the leading country | DataInvex, consulted on 2 November 2026, provisional data |
| First half of 2026 | €2,858 million: 23% of the total, the leading country | Bulletin of investment flows, January to June 2026 (September 2026), consulted on 2 November 2026 |
| Subsidiaries of United States groups (2024) | 1,976, employing 289,825 people: the leading country by number of subsidiaries | Spanish National Statistics Institute (INE), FILINT 2024, consulted on 2 November 2026 |
Gross productive investment, excluding foreign securities holding companies (entidades de tenencia de valores extranjeros, ETVE).
What Spain requires of a United States company
As a company from outside the EU, almost all the obligations on the general page apply to you. The apostille and staff permits are covered further down; the rest are as follows:
| Obligation | When and how |
|---|---|
| Prior authorisation | If you acquire 10% or more of, or control over, a Spanish company in a sensitive sector (critical infrastructure, including data infrastructure; artificial intelligence; semiconductors; cybersecurity; energy; personal data, among others), save for size-based exemptions outside critical infrastructure. Without authorisation the transaction is not valid; if there is no response within three months, it is deemed refused. In case of doubt, a binding prior consultation, answered within 30 working days. |
| Investment Register | Form D-1A within one month of incorporating the subsidiary, opening or funding the branch or receiving loans from the group of more than €1 million for more than one year (if a Spanish notary is involved, the notary files it). Annual report D-4, within the seven months following the year end, if capital or net equity exceeds €3 million. |
| NIF | The parent company, before signing; those who sign or act as directors, a foreigner identity number (Número de Identidad de Extranjero, NIE) or NIF. |
| Tax representative | Mandatory with a branch; the representative is jointly and severally liable for the branch's tax debt, and failure to appoint one carries a penalty of €2,000. |
| VAT representative | Only if the parent company is liable for Spanish VAT without having a branch here: the United States is not exempt, unless the one-stop shop (OSS or IOSS) is used. |
| Beneficial owner | The subsidiary or branch identifies the beneficial owner and keeps that information up to date. |
| Electronic dealings with the authorities | Mandatory for the subsidiary: a notification left unopened for ten calendar days is deemed rejected and the procedure continues. |
| Data protection representative | If, from the United States, you sell goods or provide services to people in the EU, or monitor their behaviour. |
What changes when you come from the United States
| Topic | What changes |
|---|---|
| Double taxation treaty | The 1990 treaty, with the 2013 Protocol (in force since 27 November 2019): 0% Spanish withholding on interest and royalties; 5% or 0% on dividends paid to the parent company. |
| Investment protection | There is no bilateral investment protection agreement (Acuerdo de Promoción y Protección Recíproca de Inversiones, APPRI): Spanish and EU law apply. On tax matters, the treaty provides for arbitration if a case of double taxation is not resolved within two years. |
| Parent company documents | Apostille since 1981. The certificate of existence (Certificate of Good Standing or similar) and the articles are generally issued by the Secretary of State of the state of incorporation and apostilled by that state; federal documents, by the Department of State. |
| Business travel | No visa for up to 90 days in any 180-day period; once the European ETIAS is in operation, with prior travel authorisation. |
| Social Security | Employees your company sends to Spain may continue to pay contributions only in the United States for up to five years, extendable by up to two more, with the certificate issued by the United States Social Security Administration. |
| Outbound capital | No general authorisation is required: the outbound investment controls of the United States Treasury target sensitive technologies in countries such as China, not a Spanish subsidiary without such links. |
| Group VAT | Services that the parent company provides to its subsidiary are declared by the subsidiary (reverse charge), without the parent company registering for VAT. |
| LLCs and S corporations | The treaty applies to their income to the extent that it is taxed in the United States as income of a resident. |
Step by step, from the United States to an operating subsidiary
- 1
Review and quote
We review the vehicle, the sector (in case prior authorisation is required) and the staff, and we give you a fixed quote in writing before we start; notary, registry, apostille and translation costs are separate and payable by you.
- 2
Subsidiary or branch
A subsidiary limits the parent company's liability to what it has contributed. With a branch, the parent company is liable for what it does here, and the branch is opened by deed before a notary: the electronic route is only available to EU companies.
- 3
Documents in the United States
You must evidence the company's existence, its constitutional documents, its directors and the resolution to establish itself in Spain: these are usually the certificate of existence and the articles, the bylaws and the board resolution with the power of attorney for whoever will sign here, signed before a notary public; all apostilled. We review the texts so that the Spanish notary can assess their equivalence, and we coordinate the sworn translation.
- 4
NIF
The parent company obtains its NIF with the census declaration; directors and attorneys, a NIE or NIF.
- 5
Deed and registration
Incorporation of the subsidiary or opening of the branch before a Spanish notary, registration with the Commercial Registry (Registro Mercantil) and Form D-1A.
- 6
Tax registration and representation
Census registration, a tax representative if there is a branch, and a power of attorney so that we can file, sign and receive notifications on your behalf.
- 7
Beneficial owner and bank
The company declares its beneficial owner with its annual accounts. The bank account is opened by the bank under its own requirements, not always without travelling, and, under the FATCA agreement, the bank identifies accounts linked to United States persons.
- 8
Staff and ongoing compliance
Social Security registration, contracts and permits; thereafter, taxes and annual accounts.
Your team in Spain
Unless they are nationals of the EU, the EEA or Switzerland, anyone who works for your subsidiary needs a residence and work authorisation. The usual routes:
- Intra-corporate transfer: managers, specialists or trainees with at least three months in your group; for up to three years (one for trainees).
- Highly qualified professional, under the national scheme or with an EU Blue Card, for people hired by the subsidiary who hold a higher education qualification or equivalent experience.
- Entrepreneur, with a report from ENISA, if a founder comes to launch an innovative project.
They are processed electronically by the Large Companies and Strategic Groups Unit (Unidad de Grandes Empresas y Colectivos Estratégicos), which has 20 days to issue a decision; if it does not respond, they are deemed granted. The person then applies for the visa from the United States, and it is decided within 10 working days.
A spouse or partner, minor or dependent children and dependent ascendants can apply for their authorisation together with the main holder's, and the applications are decided at the same time. Anyone who becomes resident here as a result of the transfer, without having been resident in the previous five years, may opt for the special regime for posted workers: a flat 24% on income up to €600,000 in the year of the move and the following five years.
The treaty and what you pay in Spain
The subsidiary pays Corporate Income Tax (Impuesto sobre Sociedades) at the general rate of 25%, like any Spanish company; the reduced rates are measured against the group's turnover, and the 15% rate for newly created entities is not available to subsidiaries of a group.
| Income of the parent company | Under the treaty | Without a treaty |
|---|---|---|
| Dividends | 15%; 5% with at least 10% of the voting shares; 0% with 80% or more for 12 months and certain limitation on benefits tests | 19% |
| Interest | 0% | 19% |
| Royalties | 0% | 24% |
| Sale of the subsidiary | Taxed only in the United States, save for subsidiaries whose assets are mainly real estate | 19% |
Any reduced rate requires the parent company to meet the limitation on benefits clause (for example, being listed on a recognised market or carrying on an active trade or business in the United States) and, for intra-group interest and royalties, it only covers the portion that is at arm's length. The subsidiary applies it on the basis of the IRS certificate of residence (Form 6166), valid for one year; without it, the subsidiary withholds at the general rate and the parent company claims the refund with Form 210.
With a branch, the profit is taxed under Non-Resident Income Tax (Impuesto sobre la Renta de no Residentes, IRNR) with the rules and rate of Corporate Income Tax, and what is sent to the parent company bears a supplementary tax of 19%, which the treaty reduces to 5%, or to 0% for some parent companies, such as certain listed companies.
What we do for you
We file and sign on your behalf before the Spanish Tax Agency (Agencia Tributaria), the Social Security system, the immigration authorities (Large Companies Unit, MERCURIO platform) and the Registries. We work remotely, in Spanish and in English, and we respond in writing at any hour, including during your business hours.
- Setting up and your team's permits, linked above.
- Hiring: registration with the Social Security system, employee registrations and the senior management contract.
- Tax and corporate compliance: Corporate Income Tax, VAT, withholding on non-residents, related-party transactions and filing of accounts.
- The European Union trade mark, valid in all 27 Member States.
We can act as your tax representative; with a branch, since the law would make us liable for its Non-Resident Income Tax, we tell you so in advance and agree on guarantees. Before we start work, we identify your company's beneficial owner, as the law requires of us.
We do not provide a registered office or an address for notifications, nor do we act as directors, company secretaries or shareholders of your company (not even as nominees), as a customs representative, as an IOSS intermediary or as the person responsible for your products in the EU; nor do we apostille documents or sign sworn translations (we coordinate them), nor do we apply for a Spanish trade mark on behalf of a company from outside the EU.
Frequently asked questions
Do we need a Spanish partner or director?
As a general rule, no: in service activities the law prohibits requiring shareholders, directors or staff to be Spanish or resident in Spain. Your directors can live in the United States; a NIE or NIF is all they need to sign.
How much capital does the subsidiary need?
A limited liability company (S.L.), from €1; below €3,000 it must set aside at least 20% of its profit as a reserve and, if it is wound up without sufficient assets, the shareholders are liable for the difference between €3,000 and the subscribed capital. A public limited company (S.A.), €60,000.
Our parent company is an LLC. Does the treaty apply?
Yes, to the extent that the income is taxed in the United States as income of a resident; if the LLC is fiscally transparent, what counts are its members, who are identified in the IRS Form 6166.
Can our director travel now and wait for the permit in Spain?
They can enter without a visa and, if the application is filed while they are here on a lawful stay, the stay is extended until the decision. Working requires the authorisation to have been granted, or deemed granted after 20 days without a response.
Do we need authorisation to invest?
Only if you acquire 10% or more of, or control over, a company in a sensitive sector, or in any sector if your company is controlled by a government; defence, weapons and certain other specified cases have their own regime. Otherwise, the investment is unrestricted and need only be declared to the Investment Register.
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.