How to start a US company from Spain: LLC, EIN and banking
Form a US LLC from Spain and connect its company documents, EIN, banking, payments, invoicing and annual calendar in one operating structure.
Starting a company in the United States from Spain is entirely workable when the decisions are made in the right order. You do not need to travel to form an LLC, obtain its corporate documents, apply for an EIN or prepare an international banking setup. You do need to design the business before opening accounts or copying somebody else's structure.
A US LLC can enter into contracts, issue invoices, collect in several currencies, use US banking and retain funds to finance its activity. Turning those capabilities into a durable structure requires five elements to agree: ownership, jurisdiction, documents, tax treatment and financial operations.
This guide follows the route from Spain to a US company ready to operate. The objective is not merely to register an LLC. It is to build an entity whose identity, authority and activity make sense to the state, the IRS, financial providers and customers from day one.
What can be completed remotely from Spain
The state filing, Registered Agent appointment, Operating Agreement, EIN application and much of the financial onboarding can be managed remotely. A member may be Spanish or resident in another country; owning a US LLC does not by itself make that person a US resident.
A complete formation normally covers:
- defining the activity, ownership and revenue model;
- selecting the state of formation;
- clearing and registering the legal name;
- appointing a Registered Agent in that state;
- obtaining the state formation document;
- preparing the Operating Agreement and necessary resolutions;
- applying for and documenting the EIN;
- building the banking and payments file;
- activating invoicing, contracts and the annual calendar.
Each step supports the next. The EIN record must match the entity formed with the state. The ownership shown to a bank must agree with the Operating Agreement. The website, invoices, checkout and settlement account must all identify the same company as seller.
Design the business before choosing the state
The first question is not Wyoming, New Mexico, Delaware or Florida. It is what the company will actually do. A fifty-page business plan is unnecessary, but the answers below need to be precise:
- what the LLC sells and to whom;
- where customers and suppliers are located;
- who owns the company and who may sign for it;
- how sales will be collected;
- which currencies the business needs;
- whether there will be inventory, real estate, employees or a physical presence;
- whether cash will be retained, invested or distributed;
- which financial providers and marketplaces are required.
These facts determine the jurisdiction, classification, KYC/KYB file, payment stack and annual duties. An international consulting company does not have the same map as an FBA seller holding inventory in several states or an LLC owning Florida real estate.
Choose a state for its function
US law allows a person living in Spain to form an LLC in a US state. The appropriate state depends on the company's real connections and the governance it needs.
Wyoming combines a developed LLC statute, a compact public filing and an annual report. It often suits international structures seeking continuity, protection and a widely recognised jurisdiction.
New Mexico offers a lean formation process and does not impose a periodic annual report on a domestic LLC. It can be efficient for an international activity without a physical footprint in another state, provided that the operating file is properly maintained.
Delaware provides a particularly familiar contractual and company-law framework. It can make sense for several members, sophisticated agreements, investment or a planned corporate evolution. A Delaware LLC pays annual tax but does not file an annual report.
Florida is a logical choice when the activity, property, team or commercial presence is connected to the state. Its public record contains more operating information and an annual report is required.
Formation in one state does not remove a foreign-registration obligation if the LLC is actually doing business elsewhere. The decision therefore follows the activity, not a generic ranking of the “best” state.
The information a professional formation needs
The initial file should remain focused while being complete enough to support the EIN and financial applications:
- proposed legal name and alternatives;
- member's full name, date of birth and nationality;
- residential address and tax residence;
- ownership percentage and capacity;
- a clear commercial description of the activity;
- principal company address;
- operating email and telephone number;
- authorised member or manager;
- intended start date;
- expected currencies, countries and volume;
- anticipated banks, processors or marketplaces.
Residential, operating, mailing and Registered Agent addresses answer different questions. Some may coincide, but they should never be swapped casually. The operating address can be in Spain when the activity is directed and performed there; the registered office remains in the state of formation.
State evidence, governance and signing authority
The state filing creates the LLC. Depending on the jurisdiction, it may be called Articles of Organization or a Certificate of Formation. It proves that the company exists, but it does not contain its complete internal governance.
The Operating Agreement records ownership, management, contributions, distributions, voting, authority and continuity. It also matters in a single-member LLC because it evidences a defined owner and company rules that are separate from the owner's personal affairs.
When a financial institution asks who may open or operate an account, the answer should not be improvised. A Banking Resolution or member resolution can document the authority. Ownership and signing authority are not identical: a member may lack operational authority, while an appointed manager may hold it within an approved scope.
EIN and the company's federal identity
The Employer Identification Number identifies the LLC to the IRS and is commonly required for banking, processors, tax forms and commercial relationships. A foreign owner can obtain one without an SSN or ITIN when the application correctly identifies the entity and responsible party.
An EIN does not determine tax classification by itself. A single-member LLC is generally disregarded for federal tax purposes unless it makes another election; an LLC with two or more members generally starts as a partnership. Form 8832 may be used to elect a different classification when that choice supports the wider strategy.
The official IRS evidence should be retained and checked as soon as the EIN is issued. The name, address and effective details should match the canonical company record. Even a small mismatch between the state filing, IRS record and financial application can slow a later review.
Move from registration to a bankable company
An LLC is not fully operational merely because it exists on a state register. The next stage is to present a business that banks, EMIs, fintechs and payment processors can understand.
A well-prepared financial file commonly includes:
- state formation evidence;
- the EIN and IRS confirmation;
- the Operating Agreement;
- the member's identity and address evidence;
- a clear explanation of activity and markets;
- a coherent website or commercial presence;
- contracts, invoices or forecasts where available;
- source of funds and expected account use;
- an authority resolution where required.
Exentax designs the banking architecture before applications begin. We can coordinate US accounts for ACH and wire, a EUR layer for SEPA collections, business cards, payment gateways and, where the activity calls for it, corporate wallets. Approval always belongs to the provider, but a consistent company file and the right route for each use case materially improve the process.
Collect in EUR, USD and the channels customers use
The LLC may price in euros and settle in dollars, or maintain different rails by market. The records should distinguish:
- the contractual invoice currency;
- the settlement currency;
- the exchange rate and date;
- provider fees;
- the net amount received;
- the reference connecting the sale and collection.
A company selling into Europe can combine SEPA, cards and international transfers. US customers may be offered ACH or domestic wire. Stripe, PayPal, Wise Business, Revolut Business, Relay, Slash and other providers serve different functions and apply different eligibility rules. A resilient setup assigns a clear role to each provider instead of making the company dependent on one brand.
Invoice European customers from the US LLC
An invoice should identify the LLC by legal name and address and include its number, date, description, amount and currency. VAT treatment is not decided merely because the seller is a US company. It depends on the supply, whether the customer is a business or consumer, where the service is located and who is legally acting as seller.
The reverse charge may apply to qualifying B2B services. B2C digital services can engage customer-location rules and tools such as the Non-Union OSS. A marketplace or merchant of record may take on defined tax and payment functions, but the contracting seller and the party collecting the funds must remain clear.
The LLC creates an orderly international commercial relationship; it does not force every transaction into the same tax answer.
Coordinate the US company with Spanish residence
The LLC is a US legal entity while its owner retains a personal tax residence. Those are distinct layers that must be analysed together. Relevant factors include the entity's classification, where the activity is performed, who makes decisions, how profit arises and which funds move to the owner.
Leaving money in the LLC does not automatically make profit disappear, just as every owner transfer is not automatically a dividend. Classification and the economic nature of each movement come first. The company can hold working capital, reinvest, acquire assets and finance growth; the records should evidence those business decisions.
A professional structure does not empty the LLC every month or treat it as a personal account. It separates company and personal assets, records contributions and distributions and coordinates US duties with the owner's position.
Establish the annual operating calendar
Formation begins a manageable annual cycle:
- Registered Agent maintenance;
- annual report or annual tax for the formation state;
- review of addresses, members and managers;
- federal filings arising from classification and activity;
- complete financial statements for the year;
- evidence of transactions with the owner;
- banking, KYC and processor renewals;
- invoices and collection records.
A US-created domestic entity is permanently exempt from filing a BOI report under FinCEN's final rule. That exemption does not replace the ownership evidence still required for banking, IRS records and sound corporate governance.
Build one complete operating structure
Starting a US company from Spain works best as one connected architecture: define the business and ownership, choose the state for its function, form the LLC, document governance and authority, obtain the EIN, prepare banking and payments, activate contracts and invoicing and maintain a clear annual calendar.
Exentax manages that route from end to end. We do not stop at the state filing. We design the structure, prepare its corporate evidence, coordinate EIN, banking, currencies and processors and leave the LLC ready to operate with a logic that can support the next stage of growth.