US Taxes for Spanish Residents: What You Need to Know

taxes in the United States

The tax system in the United States is a fundamental pillar for those who wish to undertake commercial activities in this country. Composed of two tax levels, state and federal, each of the 50 states is considered an entity independent, granting them the authority to establish their own taxes within the constitutional restrictions of the country.

We will analyze the particularities of the tax system in the United States and we will focus on the tax advantages offered by LLCs for non-residents in this country. We will explore how these legal entities provide business opportunities, liability protection and tax benefits, becoming an attractive option for international entrepreneurs

Introduction to Taxation in the United States

The tax system in the United States is a complex structure that regulates the collection of funds to finance the operation of the government and its programs. It consists of two fundamental tax levels: the state level and the federal level. Within this system, we find different types of taxes, the most important being the income tax, sales tax, and property tax.

In addition, the US tax system offers attractive tax advantages for those who wish to start a business. A popular choice for digital entrepreneurs non-residents in the United States are the LLCs, which provide transparency and ease of creation and maintenance, in addition to offering personal liability protection and tax benefits.

We will teach you how to optimize your taxation in Spain through the strategic use of LLCs in the USA. Best of all, if you make no sales in the United States, an LLC pays no taxes! Join us on this journey to discover how these legal structures can boost your tax strategy and benefit your business activities.

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State and Federal Taxes

In the United States tax system, there are two fundamental tax levels: the state level and the federal level. Each of these levels has its own jurisdiction and authority to levy taxes on different sources of income and business activities.

State Level (50 States)

At the state level, each of the 50 states has the ability to impose its own taxes on sales, income, and other forms of tax revenue. This means that tax rates and regulations can vary significantly from one state to another. Taxpayers, whether individuals or businesses, must comply with the specific tax obligations of each state in which they operate.

Federal Level (National)

On the other hand, at the federal level, the central government establishes taxes nationwide, such as the federal income tax. This tax applies to the income a person or business earns nationwide.

Taxpayers must file an income tax return with the federal government annually to determine the amount of tax they owe.

Taxes in the United States

Taxes in the United States

In the United States, thanks to a policy of reducing the tax burden for entrepreneurs, a favorable environment has been achieved that drives economic growth and attracts investment and new businesses to the country. Next, we will look at the taxes that exist in the United States.

Taxes in the United States vary depending on the State, which creates a dynamic environment for business activity. For example, in Delaware, known for its low taxes, there are more incorporated businesses than residents in the state.

Income Tax

Income tax is one of the fundamental pillars of the tax system in the United States. It taxes the income earned by individuals and businesses nationwide and statewide. The tax rate ranges between a 10% and 37%, depending on the taxpayer's income level. Those with higher incomes pay a higher rate.

Sales Tax

Sales tax is applied at the state level and may vary depending on geographic location. Each state has the authority to set its own tax rate on the sale of goods and services. The rate fluctuation can be between 2% and 8%, and some states may even have zero tax rates on certain transactions. This tax is called VAT in Spain and is 21%.

Property Tax

Property tax is applied at the local level and taxes the value of real estate properties. Owners must pay a percentage of their property's value as tax. The rate fluctuation can vary depending on local jurisdiction and state regulations, with averages around the 1% to the 2% of the property value.

Taxes for Non-Residents with LLCs

For those digital entrepreneurs who do not reside in the United States and want to take advantage of tax benefits, Limited Liability Companies (LLCs) offer an attractive option. If you do not make sales in the United States, an LLC does not pay taxes in the country. This means you can establish and maintain an LLC in the USA without having to worry about taxes if your business operations do not involve transactions within US territory.

You will only need to file forms 5472 and 1120 + state fees, in total the annual maintenance of an LLC does not exceed 500€. The responsibility for paying taxes lies with the manager, in case of being a Spanish resident they must pay personal income tax (IRPF) on the LLC's profit (if there is a profit).

Relacionado: antes de abrir cuenta para tu LLC o mover dinero fuera, lee qué bancos informan a Hacienda en 2026 y cuáles no: CRS, FATCA, Mercury, Wise y Revolut explicados.

Is the United States a Tax Haven?

The United States generally is not considered a tax haven in the traditional sense. Some individuals and companies from certain regions, such as East Asia and the Middle East, might use the United States as a means for offshore bank accounts, transparent companies such as LLCs (Foreign Owners) etc.. due to certain loopholes or advantages in foreign tax laws. This does not mean that the United States is a tax haven for its own citizens or residents, but rather that it could be used as a tax planning strategy for specific foreigners looking to minimize their tax obligations

If you are looking for atax advisorspecialized in International Tax Engineering, foreign company formation services, LLCs and Estonia for tax optimization and planning, do not hesitate to contact us by email at info@elutax.com.

What is an LLC?

An LLC is a Limited Liability Company in the United States, it can be opened in Spain very easily and in a very short time, plus they have many tax advantages for non-residents in the USA.

Advantages of an LLC in the United States

Frequently Asked Questions

  1. Federal Income Tax: Federal income tax rates vary depending on income levels, ranging from around 10% for low incomes to approximately 37% for high incomes.

  2. State Income Tax: State income tax rates vary widely by state, with some states having no income tax and others with rates ranging from around 1% to over 10%.

  3. Sales Tax: Sales tax rates are state-specific and can range from around 2% to 7.5% or more. Some cities and counties may also add local sales taxes.

  4. Property Tax: Property tax rates depend on the location and value of the property, generally ranging between 1% and 3% of the property value.

  5. Payroll Taxes: Payroll taxes include Social Security (12.4%, shared equally between employee and employer) and Medicare (2.9%, also shared between employee and employer).

  6. Capital Gains Tax: Capital gains tax rates vary depending on the type of asset and the holding period, ranging from 0% to 20%.

  7. Estate and Gift Tax: Estate and gift tax rates also vary by state, but at the federal level they can range from 18% to 40%, depending on the value of the estate or gift.

Having an LLC is 100% legal in Spain, the only obligations you will have are to inform the AEAT in model 720 if the set of assets of the LLC exceeds €50,000 and in case you generate yields, you as a member of the LLC must pay the corresponding IRPF on those profits.

You must also study if your business model is suitable to invoice it from abroad, if you have a restaurant, employees etc.. Hacienda will end up giving you a tap. However if your activity is online, e-commerce, trading, content creator, marketer, digital services etc.. In that case there is no problem.

In the United States, most taxes and filings are done 1 time a year, between April and May depending on the type of company and the residency of its administrators.

No, residents in Spain must report to the Tax Agency only if the set of assets of said LLC exceeds €50,000. In that case you must report in model 720 the LLC as an asset abroad. However, as a Spanish resident you are obliged to report the income obtained abroad and declare them in the IRPF. (Sif your LLC is not yet profitable you do not have to report to Hacienda) ;)

The states or the IRS do not inform foreign entities about companies incorporated in the USA. If "Hacienda" asks the IRS for information about your LLC they will surrender it without problem, but for this the LLC must incur an investigation.

The recommended activities to invoice from an LLC are generally those that have no physical nexus or employees. If your activity is online and you do not need an office, warehouse, employee.. to carry out your activity then invoicing from the LLC will not be a problem.

Restaurants, Real Estate, services that require physical presence, a warehouse or office with materials you need for the activity.. These are some of the examples that should not be invoiced from a company abroad.

E-Commerce as long as you subcontract everything, logistics, importation, customization etc.. Dropshipping in that case is viable to invoice with the LLC. Consulting, trading, digital services or products, freelancer, online training, content creator, affiliate marketing, media buyer. These are some businesses suitable for the LLC.

Be over 18 years old, have more than €500 to pay for the creation of the LLC and forms 1120 and 5472. A minimum of knowledge of your tax obligations, both with the IRS and with the AEAT. Passport and ID, usually they do not ask you for the data but sometimes it comes in handy for example for the Registered Agent.

Yes and no, if your billing to Spanish clientsdoes not exceed €10,000annually you are not obliged to request a VAT number. The invoices you issue to Spanish clients will be made without VAT.

No,if you are the owner of an LLC and you are a Spanish tax resident you are not obliged to be self-employed to declare that income, you can simply pay the corresponding VAT.

If all yourcore activityis in Spain, the Spanish tax authority (Hacienda) could try to tell you that you should pay taxes in Spain because all your clients are here, however in the case of LLCs this does not apply.

LLCs arepass-through companiesand deep down they do not separate your physical person from your legal person therefore it is not a company and you, are the same. Therefore, having entirely Spanish clients is the same as being self-employed.

The “ITIN Number” is an individual taxpayer identification number issued by the IRS in the United States. The IRSissues theITIN to individuals who do not have nor meet the requirementsto obtain a Social Security Number(SSN).

Nowadays it is usually requested to be able to create accounts in banks that require a tax identification number in the USA, either SSN or ITIN (passport not valid), PayPal or Shopify are some of the companies.

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27 Responses

  1. I am so grateful for your blog post.Really looking forward to read more. Will read on…

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