US LLC as a real alternative to being self-employed (autónomo) in Spain

200-590 euro monthly minimum fee and an IRPF that hits 47%. Honest analysis with real numbers: when a US LLC is a legal and profitable alternative to the Spanish autónomo regime (Social Security quota, IRPF, quarterly forms). Banking stack, estimated annual savings and profiles where it fits, and where it does not.

If you're a freelancer in Spain and your work runs entirely on a laptop, you've probably done the math more than once. The monthly social-security quota for autónomos, the progressive personal income tax (IRPF), the quarterly tax forms, the advance payments, the EU reverse-charge VAT, the Modelo 349, the Modelo 720 if you hold anything abroad… and at the end of the year, almost half of what you billed never reaches your pocket.

That's why more and more freelancers, small agencies, developers, advisors, course creators, traders and content creators look for real alternatives to being an autónomo in Spain. And the one that fits best for fully digital profiles with international clients is the US LLC. It is not magic, not a trick, not tax fraud. It is a legal structure recognized by Spanish administrative doctrine and supported by the US-Spain double-taxation treaty that, designed properly, can save thousands of euros per year and let you operate as a modern international business.

This is the honest version. No impossible promises. Numbers, advantages, drawbacks and the profiles for which it does not make sense.

Why so many autónomos look for alternatives

The reality of the autónomo regime today is clear:

  • Monthly contribution: between €230 and €590/month depending on your income bracket. The most common range for digital freelancers billing well is €300-400/month, i.e. €3,600-€4,800/year that you pay no matter what you bill.
  • Progressive IRPF: from 19% to 47%. Above €35,200 you're already in the 37% bracket; above €60,000, in the 45%.
  • Quarterly advance payments: Modelo 130, paying 20% of your profit upfront before knowing if you'll really earn it.
  • VAT: Modelo 303 quarterly, Modelo 349 if you trade with the EU, OSS for B2C in other EU states, complex exemptions for clients outside the EU.
  • Information forms: 347, 390, 190, 111… plus Modelo 720 if you hold accounts or assets abroad above €50,000.
  • Zero asset protection: if something goes wrong, your house, car and savings are on the line.

Emotionally, the problem is even worse: you work like a global business but you pay and you bureaucratize like a corner shop.

What a non-resident LLC really is

A Limited Liability Company (LLC) is a US legal form that combines the asset protection of a corporation with the simplicity of a sole-trader tax flow. For a non-resident, a Single-Member LLC is by default a Disregarded Entity: the IRS does not treat it as a separate taxpayer; the LLC's profits "pass through" to the single member. This is pass-through taxation.

If you, a non-resident for US tax purposes, form an LLC in New Mexico, Wyoming or Delaware and your activity does not generate ECI (Effectively Connected Income) in the US, the LLC pays no federal US income tax. It also pays no state tax in those three states. It only meets information requirements: Form 5472 + a pro-forma Form 1120 with the IRS and the BOI Report with FinCEN.

For Spanish tax purposes, that LLC is treated transparently: the DGT has issued binding rulings (most cited, V0290-20 of February 2020) confirming that US LLCs are taxed in Spain in a manner analogous to a pass-through entity. As a Spanish tax resident, you declare the net profits of the LLC on your IRPF. The structure does not hide anything from the Spanish tax office: it simply changes the vehicle from which you bill.

> Every case is individual. The exact tax classification depends on how the LLC is set up, what activity it performs, where its clients are, and what is documented. That's why, before forming, the sensible move is to study your case with a Spanish tax advisor who knows international structures and a team like Exentax that designs the US side.

Real tax advantages: 0% federal in the US + optimized IRPF in Spain

The US side is the cleanest one: 0% federal, 0% state in NM/WY and effectively zero in Delaware if you don't operate there. It's not a tax haven: it's what the US rules themselves provide for non-residents without ECI. The LLC pays its annual maintenance (registered agent, IRS and FinCEN filings) and not much more.

The Spanish side is where the real saving lives, and it deserves a clear explanation:

  • You are taxed on your IRPF on the net profits of the LLC: revenue minus deductible business expenses.
  • The list of expenses you can document through an LLC is much broader than the average autónomo's: software, hardware, training, business travel, coworking, proportional home office, professional services, Stripe/PayPal fees, subscriptions, marketing, registered agent, accounting, and more.
  • The autónomo monthly quota disappears: you stop paying €300-400/month just for existing as a business.
  • The autónomo's quarterly forms disappear (303, 130, 349 mostly). You still have your individual obligations: annual tax return, Modelo 720/721 if you cross thresholds, etc.
  • As an individual you only get taxed on what you actually earned, not on what you billed.

Real annual savings with numbers

Two typical scenarios so this doesn't stay abstract:

Scenario 1, Freelancer at €60,000/year

  • As autónomo: annual quota ≈ €4,200, limited deductible expenses (≈ €6,000), taxable base ≈ €54,000, effective IRPF ≈ 30%. Total tax + quota: ≈ €20,500.
  • With a properly designed LLC: deductible expenses ≈ €15,000 (full pro stack billed via the LLC), base ≈ €45,000, effective IRPF ≈ 25%. LLC maintenance ≈ €1,500-€2,500. Total: ≈ €13,000-€14,000.
  • Net annual saving: between €6,000 and €7,500.

Scenario 2, Digital agency or advisor at €120,000/year

  • As autónomo: quota ≈ €4,800, IRPF reaching 45% brackets. Total estimate: ≈ €45,000.
  • With LLC: more planning capacity, more legitimate deductible expenses, no monthly quota and the option to retain profits inside the LLC for reinvestment. Total estimate: ≈ €28,000-€32,000.
  • Net annual saving: between €13,000 and €17,000.

The numbers are indicative; each case depends on real expenses, structure and how the income is qualified. But the direction is clear: from €30,000-€40,000/year of digital revenue with international clients, the LLC starts to make economic sense.

Access to US banking without automatic reporting to Spanish tax authorities

Another advantage that needs to be understood properly and without alarmism. US bank accounts (Mercury, Relay, Chase, BoA…) are not part of the CRS (Common Reporting Standard). The US signed FATCA, not CRS. This means those accounts are not automatically reported to the Spanish tax office in the way EU bank or fintech accounts that apply CRS are (Wise, Revolut, N26, Wallester with European IBAN, etc.).

This does not mean they're opaque or that you can stop declaring them. If you cross Modelo 720/721 thresholds (€50,000 in foreign accounts, crypto, etc.), you must declare them anyway. If you receive income through your LLC, you must include it in your IRPF. What it does mean is that there is no automatic data cross-check: information reaches Spain through you, via your own filing, not via a bank file. That obliges you to keep everything clean and well documented: any attempt to "forget" ends badly in an audit. Now is the moment to ask for help. At Exentax we open the case, file what is missing and reply to the relevant authority for you.

The banking stack we recommend for a modern LLC:

  • Wise Business, Relay and Slash in the foreground: multi-currency, sub-accounts, cards, treasury; Wise Business held by a US LLC is OUT of CRS (the LLC is a US entity and the US is not a CRS participant); only a Wise Personal in your own name as a Spain tax resident would be in CRS via Wise Europe SA (Belgium).
  • Mercury in the background: main USD operating account, $0 domestic wires and very low international ones, FDIC pass-through up to $5M via sweep.
  • Wallester only when you need an IBAN to issue physical cards in Europe, with the clear warning that it does fall under CRS.

For whom it works and for whom it doesn't

The LLC works very well if:

  • You bill mostly clients outside Spain (EU or worldwide).
  • Your work is 100% digital: software, SaaS, marketing, design, advisory, online training, info-products, content, ecommerce.
  • You're willing to operate in USD and integrate with US tools (Stripe, Mercury, etc.).
  • You want to separate your personal assets from the business.
  • Your billing is over €30,000-€40,000/year and you see yourself growing.

The LLC is not a good idea if:

  • Your clients are mostly Spanish individuals or companies that need a local VAT invoice.
  • You're in a regulated profession (lawyer, doctor, registered architect) with national clients.
  • You bill less than €20,000/year: the savings don't justify the maintenance.
  • You're not willing to keep the LLC's books or meet IRS and FinCEN deadlines.
  • You're looking to "not declare anything in Spain". This isn't about that; it's about optimizing what you do have to declare.

Autónomo vs LLC at a glance

How Exentax walks the path with you

At Exentax we don't sell standalone LLCs: we design complete structures for digital freelancers and small businesses who want to legally and cleanly stop being autónomos in Spain. The typical process:

  1. Free initial diagnosis (30 minutes): we review your billing, client mix, tax residency and goals. We tell you honestly whether the LLC suits you or not.
  2. Structure design: optimal state (NM/WY/DE), banking, payment processors, treasury and compliance.
  3. LLC formation and EIN.
  4. Bank account opening: Mercury as primary, Wise/Relay/Slash as complements. Wallester only if you actually need it and understanding CRS.
  5. Integration with Stripe, PayPal Business, Interactive Brokers or whatever you need.
  6. Coordination with your Spanish tax advisor (or we recommend one) so that the Spain side is impeccable.
  7. Full annual compliance: Form 5472 + 1120 pro forma, BOI Report, registered agent renewal, reminders and ongoing support.

It's not plug-and-play. It's a project. But from year one onwards, the difference vs your current autónomo situation shows up in every "self-paycheck".

Before we close

Every case is individual. Legislation changes, both in Spain and in the US. What is optimal today may need adjustments tomorrow. So this isn't a guide to "rush and open an LLC", but to truly understand the alternative before making a decision that will impact your tax life for years.

If you want to see, with your real numbers, how much you'd save per year, try our free tax calculator or book a free 30-minute consultation with the Exentax team. We give you concrete numbers, no smoke.

To go deeper, read our guide on Self-employed in Spain vs LLC in the US: complete tax comparison, our piece Why Spanish freelancers are leaving self-employment for a US LLC and our guide on Do US bank accounts report to your home tax authority? The honest answer.

Book your free consultation with Exentax and stop paying like a year-2000 freelancer when you actually run a today digital business.

Tax compliance in your country: CFC, controlled-foreign rules and income attribution

A US LLC is a fully legal, internationally recognized vehicle. But compliance does not end at incorporation: as an owner who is tax-resident elsewhere, your local tax authority still has the right to tax what the LLC earns. The key is under which regime.

By jurisdiction

  • Spain (LIRPF/LIS). An operative single-member disregarded LLC (real services, no significant passive income) is generally treated under income attribution (art. 87 LIRPF): the LLC's net profits are attributed to the member in the year they arise and integrated into the general IRPF base. If instead the LLC elects corporation treatment (Form 8832) and is controlled by a Spanish resident with mostly passive income, the CFC regime (art. 91 LIRPF for individuals, art. 100 LIS for companies) can apply. The choice is not optional: it depends on economic substance, not on the label.
  • Information returns. US bank accounts with average or year-end balance >€50,000: Form 720 (Law 5/2022 after CJEU C-788/19, 27/01/2022, penalties now under the general LGT regime). Related-party transactions and dividend repatriation: Form 232. US-custodied crypto: Form 721. We close it with you from Exentax: one call, the filing goes out, the archive is set, and the risk stays on paper.
  • Spain–US tax treaty. The treaty (BOE 22/12/1990, Protocol in force 27/11/2019) governs double taxation on dividends, interest and royalties. An LLC without a permanent establishment in Spain does not by itself create a PE for the member, but effective management can if all activity is run from Spanish territory.
  • Mexico, Colombia, Argentina and other LATAM jurisdictions. Each has its own CFC regime (Mexico: Refipres; Argentina: foreign passive income; Chile: art. 41 G LIR). Common principle: profits retained inside the LLC are deemed received by the member if the entity is treated as transparent or controlled.

Practical rule: an operative LLC with substance, properly declared in your country of residence, is legitimate tax planning. An LLC used to hide income, fake non-residence or shift passive income with no economic justification falls within art. 15 LGT (anti-abuse) or, worse, art. 16 LGT (simulation). The facts decide, not the paperwork.

At Exentax we structure the entity to fit the first scenario and document every step so your local return can be defended in case of review.

Legal and regulatory references

This article relies on rules currently in force. Main sources for verification:

  • United States. Treas. Reg. §301.7701-3 (entity classification / check-the-box); IRC §882 (tax on foreign income effectively connected with a US trade or business); IRC §871 (FDAP and withholding on non-residents); IRC §6038A and Treas. Reg. §1.6038A-2 (Form 5472 for 25% foreign-owned and foreign-owned disregarded entities); IRC §7701(b) (tax residency, substantial presence test); 31 U.S.C. §5336 (Corporate Transparency Act, BOI Report to FinCEN).
  • Spain. Law 35/2006 (LIRPF), arts. 8, 9 (residency), 87 (income attribution), 91 (CFC for individuals); Law 27/2014 (LIS), art. 100 (CFC for companies); Law 58/2003 (LGT), arts. 15 (anti-abuse) and 16 (simulation); Law 5/2022 (Form 720 penalty regime after CJEU C-788/19 of 27/01/2022); RD 1065/2007 (Forms 232 and 720); Order HFP/887/2023 (Form 721 crypto). This is where Exentax steps in: we file the form, archive the receipt and, if the authority asks, your answer is already on the desk.
  • Spain–US treaty. BOE of 22/12/1990 (original DTT); Protocol in force since 27/11/2019 (passive income, limitation on benefits).
  • EU / OECD. Directive (EU) 2011/16, amended by DAC6 (cross-border arrangements), DAC7 (Directive (EU) 2021/514, digital platforms) and DAC8 (crypto-assets); Directive (EU) 2016/1164 (ATAD: CFC, exit tax, hybrid mismatches); OECD Common Reporting Standard (CRS).
  • International framework. OECD Model Convention, art. 5 (permanent establishment) and Commentaries; BEPS Action 5 (economic substance); FATF Recommendation 24 (beneficial ownership).

Applying any of these rules to your specific case depends on your tax residency, the LLC's activity and the documentation you keep. This content is informational and does not replace personalized professional advice.

Banking and tax facts worth clarifying

Fintech and CRS information evolves; here is the current state:

How to read the LLC vs Spanish self-employed comparison as a stable mapping rather than as a community debate

The LLC vs Spanish self-employed comparison reads more usefully when it's treated as a stable mapping between the country of residence of the beneficial owner, the country where value is created and the country of the customers, than as a community debate. The mapping doesn't change with the season, and a short dated note in the personal folder makes the position reviewable in a few minutes.

Before going further, put numbers on your case: the Exentax calculator compares, in under 2 minutes, your current tax bill with what you would carry running a US LLC properly declared in your country of residence.

> Free consultation, no strings attached

Notes by provider

  • Mercury operates with several federally chartered partner banks and FDIC coverage via sweep network: mainly Choice Financial Group and Evolve Bank & Trust, with Column N.A. still in some legacy accounts. Mercury is not itself a bank; it is a fintech platform backed by those partner banks. If Mercury closes an account, the balance is typically returned by paper check mailed to the account holder's registered address, which can be a serious operational problem for non-residents; keep a secondary account (Relay, Wise Business, etc.) as contingency.
  • Wise ships two clearly different products: Wise Personal and Wise Business. For an LLC you must open Wise Business, not the personal account. Important CRS nuance: a Wise Business held by a US LLC sits outside CRS because the account holder is a US entity and the US is not a CRS participant; the USD side operates via Wise US Inc. (FATCA perimeter, not CRS). In contrast, a Wise Personal opened by an individual tax-resident in Spain or another CRS jurisdiction does trigger CRS reporting via Wise Europe SA (Belgium) on that individual. Opening Wise for your LLC does not bring you into CRS through the LLC; a separate Wise Personal in your own name as a CRS-resident individual does report.
  • Wallester (Estonia) is a European financial entity with an EMI/issuing-bank licence. Its European IBAN accounts are within the Common Reporting Standard (CRS) and therefore trigger automatic reporting to the tax administration of the holder's country of residence.
  • Payoneer operates through European entities (Payoneer Europe Ltd, Ireland) that are also in scope for CRS for clients resident in participating jurisdictions.
  • Revolut Business: when paired with a US LLC, it operates under Revolut Technologies Inc. with Lead Bank as its US banking partner. The account delivered is a US account (routing + account number); no European IBAN is issued to a US LLC. The European IBANs (Lithuanian, Belgian) belong to Revolut Bank UAB and are issued to European clients of the group. If you are offered a European IBAN tied to your LLC, confirm exactly which legal entity holds that account and which regime it reports under.
  • Zero tax: no LLC structure delivers "zero tax" if you live in a country with CFC/tax transparency or income attribution rules. What you achieve is no double taxation and correct reporting at residence, not elimination.

Why comparing an LLC and the Spanish self-employed regime requires comparing operating profiles, not just costs

Comparing a US LLC with the Spanish self-employed regime works best when the comparison is built around the operating profile rather than around a list of headline costs. Two operating profiles that look similar on a surface description can produce very different practical outcomes once invoicing geography, currency mix, and client mix are taken into account.

The cleanest way to make the comparison readable is to write the operating profile in one paragraph and then map each feature of the profile to one or the other regime. This approach makes the trade-offs explicit and avoids the trap of letting a single attractive feature drive a decision that affects the whole structure.

Legal & procedural facts

FinCEN and IRS reporting requirements moved recently; the current state is:

  • BOI / Corporate Transparency Act: your LLC is NOT required to file (a competitive advantage). After FinCEN's March 2025 interim final rule, the BOI Report obligation was narrowed to "foreign reporting companies" (entities formed OUTSIDE the US and registered to do business in a state). A US-formed LLC owned by a non-resident does NOT file the BOI Report: one fewer filing on your calendar, less paperwork, and a cleaner structure than ever. If your LLC was formed before March 2025 and you already filed BOI, keep the acknowledgement. The regulatory status can change again: we monitor FinCEN.gov on every filing and, if the obligation comes back, we handle it at no extra cost. Current status verifiable at fincen.gov/boi.
  • Form 5472 + pro-forma 1120. For a Single-Member LLC owned by a non-resident, the final regulations of Treas. Reg. §1.6038A-1 (in force since 2017) treat the LLC as a corporation for 5472 purposes. Procedure: pro-forma Form 1120 (header only: name, address, EIN, tax year) with Form 5472 attached. It is filed by certified mail or fax to the IRS Service Center in Ogden, Utah, not e-filed via standard MeF. Due date: April 15; extension via Form 7004 to October 15. Penalty: $25,000 per form per year, plus $25,000 per additional 30 days of non-filing after IRS notice.
  • Substantive Form 1120. Only applies if the LLC has filed a check-the-box election to C-Corp (Form 8832): it then pays 21 % federal corporate tax and files a substantive 1120. A standard disregarded LLC does not file a substantive 1120 and does not pay federal corporate tax.
  • EIN and notice. Without an EIN you cannot file 5472 or BOI. The IRS does not warn before imposing penalties; you find out when an EIN is flagged or a later filing is rejected. Relax: at Exentax this is what we do every week, we close it before the letter ever lands in your inbox.

Is the US LLC a real alternative to self-employed status in Spain?

The question lands almost every week: "can I deregister as self-employed and invoice everything from a US LLC?". The short answer is yes in some cases; but the long answer has nuances that turn "real saving" into "more complex and almost as expensive". Here it is, no shortcuts.

  • What the LLC does save. Self-employed contributions (300-600 EUR/month depending on base), if you deregister from RETA. Operational friction with international clients: USD/EUR invoices without crossed VAT, instant Mercury collection, USD cards for Meta/Google without surcharge. Company image with SMBs preferring entities over individuals.
  • What it does NOT save. IRPF on profits. The tax authority attributes LLC income to your personal IRPF under the attribution rule (single-member LLC is disregarded). You will be taxed as business activity at the marginal rate (24-47%), exactly like self-employed.
  • When the switch pays. You have >70% international clients (USA, EU B2B, LATAM), annual volume >40-60k, you pay a high self-employed rate, and your activity does not require a sectoral registration. In this profile, the LLC saves 3-7k EUR yearly in fees and operations.
  • When it does NOT pay. Mostly Spanish clients (preferring Spanish-VAT invoices), volume <30k annually (maintenance eats the saving), or regulated activity requiring professional registration. Here, self-employed remains more efficient.

What we are asked the most

Can I deregister and invoice all from the LLC? Technically yes, but economic activity carried out habitually from Spain requires registration in some regime (self-employed, salaried, etc.) under IRPF rules. Cleanest: deregister from RETA, register as LLC manager under IRPF business income and declare attributed income quarterly.

What if I become a "digital nomad" resident elsewhere? Everything changes: leaving real Spanish tax residence (>183 days out, vital interests out), the LLC becomes operationally efficient and the tax base falls to the new country.

At Exentax we model the full scenario (current contribution + IRPF + VAT + LLC costs) with your real numbers, tell you exactly how much you save or pay extra, and set up the structure only if it pays.

We set it up without you losing a weekend

Thousands of freelancers and entrepreneurs already operate their US LLC fully legally and properly documented. At Exentax we handle the entire process: formation, banking, payment gateways, bookkeeping, IRS filings and compliance in your country of residence. Book a free consultation and we will tell you honestly whether the LLC makes sense for your case, with no absolute promises.

Living in Spain with a US LLC: effective taxation, filings and worked cases by revenue band

A US LLC does not exempt you from tax as a Spanish resident: it gives you a tool to reorder your tax bill and reduce mandatory contributions, but everything is settled inside your Modelo 100. This block explains the filings you will be doing one way or the other and shows three worked cases by revenue band using the state and regional IRPF brackets.

Filings to expect when living in Spain with a US LLC

  • Modelo 100 IRPF: you declare the LLC's attributed result as business income if you actively manage, or as capital income if your case fits the DGT V0290-20 doctrine. The classification is decided with your advisor based on your real role.
  • Modelo 720: if the sum of Mercury, Wise and Relay accounts crosses EUR 50,000 on 31 December, the information return is mandatory.
  • Modelo 721: if you hold crypto on Kraken, Binance or non Spanish exchanges and the total exceeds EUR 50,000, you must file.
  • Modelo 232: only if the LLC has related party transactions with another entity, not for being held by a natural person alone.
  • Modelo 130 or 131: if you tax as direct business activity, quarterly instalments at 20 % of net profit apply.
  • Modelo 303 and 349: Spanish VAT and VIES follow the usual rules if your LLC has Spanish operations; in most cases invoicing happens at LLC level with zero Spanish VAT impact, but it deserves review.
  • Modelo D-6: information return on foreign equity stakes held abroad. A 100 % stake in a US LLC fits here for many profiles.

Case 1: EUR 50,000 of attributed net revenue

After expenses and your active management compensation, attributed net is EUR 38,000. Applying state and an average regional IRPF, the effective rate sits around 24-26 % of base. Without Spanish social security on the LLC side (you are not autónomo), the saving versus the minimum quota on the new autónomo income table is already significant. Annual net cost: about EUR 9,500-10,000 of IRPF.

Case 2: EUR 120,000 of attributed net revenue

With professional expenses and an office, net drops to EUR 95,000. IRPF lands in the 34-37 % effective range in most regions, that is EUR 32,000-35,000. Compared with autónomo without Beckham, it stays competitive and removes the need to contribute to RETA under the new income based table.

Case 3: EUR 250,000 of attributed net revenue

Here the nuance matters: the LLC remains useful for operations and banking, but at EUR 250,000 the IRPF effective pressure goes above 42 % in most regions. The right move is to combine the LLC with extra planning (pension plans, R&D expenses, possible move to SL if it fits) and, above all, evaluate whether moving to a more favourable jurisdiction makes sense.

What a US LLC does not solve while living in Spain

It does not waive your Modelo 720, does not hide anything from Hacienda thanks to the FATCA exchange, does not remove the duty to contribute if you actually carry on autónomo activity in Spain, and does not turn crypto into a tax free asset. Its value lies in global operations, banking, payment gateways, asset separation and administrative simplification.

> Want the exact number for your revenue? Run your figures through the Exentax tax calculator and get the annual IRPF result with and without the LLC.

If your main goal is minimising tax, continue with the legal paths to pay the minimum possible, and if your main asset sits in crypto or foreign brokers complete with the Modelo 720 and 721 guide. To review your case, book a session with Exentax.

Want to discuss it now? Message us on WhatsApp and we'll get back to you today.

If you want to see the full process in detail, check our services page with everything we cover.

Or call us directly at +34 614 916 910 if you'd rather talk.

For state-specific details, see our Wyoming LLC service page with closed costs and timelines.

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