Starting a Business in Spain in 2026: The Foreigner Guide (Visa + Setup)

Starting a business in Spain in 2026 means deciding three things at once: the right residence visa for you, the right legal structure for the company, and the right tax setup from day one. If you are a US or UK national, the path is well marked but it has moving parts that need to be sequenced correctly. Our team coordinates the visa application, the company incorporation and the tax registrations as one workflow, so you do not have to chase a notary, a tax advisor and a consulate in three different time zones.

Updated: June 2026. Reviewed by Lucia Lagunas Reyes, Spanish immigration lawyer (MICAP Nº 2572), co-founder of MySpainVisa (Barcelona, Marbella, Valencia, est. 2018).

Can a foreigner start a business in Spain?

Yes. Any non-resident, including US and UK citizens after Brexit, can own 100% of a Spanish company or register as self-employed in Spain. There is no nationality cap on shareholders or directors of a Sociedad Limitada (S.L.), and there is no minimum local partner requirement. What changes between EU and non-EU founders is the residence side, not the business side.

• EU and EEA citizens: only need a NIE (foreigner ID number) and the EU registration certificate to live, work and run a company in Spain.
• US, UK, Canadian and other non-EU citizens: need a residence visa that authorises self-employment or company activity. The two main routes are the entrepreneur visa (Ley 14/2013) and the self-employed work visa (autónomo).
• Already in Spain on a Non Lucrative Visa or Digital Nomad Visa: switching paths is possible but follows specific timing rules. We review your file before you act.

The NIE is the single non-negotiable document. Without it you cannot sign the incorporation deed, open a corporate bank account or register with the Spanish Tax Agency (AEAT). For US and UK founders applying from abroad, we request the NIE at the Spanish consulate in your jurisdiction, or in Spain through a representative with notarial power of attorney.

Which visa do you need to start a business in Spain?

The visa choice depends on what kind of business you intend to run. This is the first conversation we have with every founder client, because picking the wrong route delays everything else by months.

Entrepreneur visa: innovative or technology-driven projects

The entrepreneur visa, regulated under Spain’s Law for the Support of Entrepreneurs (Ley 14/2013), is for projects rated as innovative and of general interest. ENISA (the public agency that issues the favourable report) looks for technology content, scalability, job creation, and a defensible business plan. Approval times are short by Spanish standards, with decisions typically issued in around twenty business days when filed through the Unidad de Grandes Empresas.

If your project is a SaaS startup, a fintech, a marketplace, an AI tool, a biotech, a DTC brand with a real differentiator, or a consultancy with proprietary methodology, this is your route. We walk founders through Spain’s startup residency route on our dedicated page: read the detail at entrepreneur visa Spain.

Self-employed work visa (autónomo): traditional businesses and freelancing

If your project is a non-innovative business, a freelance practice, a coffee shop, a yoga studio, a consultancy without a tech moat, or a local services business, the self-employed work visa is your route. It is the right path for around half of the foreign founders we see, and it is faster to plan because the activity does not need an innovation report. Our complete guide for freelancers is at the self-employed visa Spain page.

Other situations

• EU citizens: no visa needed. NIE plus EU registration certificate plus autónomo registration and you are operational.
• Non Lucrative Visa holders: the NLV does not authorise economic activity in Spain. To start a business you typically switch to a self-employed or entrepreneur permit at the first renewal. Timing matters: our team plans the switch so you do not lose residence months.
• Digital Nomad Visa holders: the DNV authorises remote work for foreign clients. Starting a Spanish-resident company while on DNV is possible in specific scenarios. Ask before you incorporate.
• Golden Visa: the residence-by-investment route was abolished on 3 April 2025 by Ley Orgánica 1/2025; existing holders may still renew under transitional rules.

Business structures in Spain (with US and UK equivalents)

Spanish law offers four common structures for foreign founders. Most US and UK clients end up with either autónomo or S.L. for tax and liability reasons. The decision is driven by expected revenue, number of shareholders, liability tolerance and the visa you are on.

Autónomo (self-employed)

Closest to a US sole proprietor or a UK sole trader. Personal and business liability are not separated. Income is taxed through personal IRPF (progressive, up to 47% national plus regional surcharge). Social security contributions are paid monthly under the RETA scheme on a tiered system based on declared net income. Best for freelancers, consultants, small service businesses, and founders testing a project before incorporating.

Sociedad Limitada (S.L.)

The Spanish private limited company. Functionally close to a US LLC or a UK Ltd. Liability is limited to the capital contributed. Minimum share capital is 1 euro since Ley 18/2022 (Crea y Crece) amended article 4 of the Companies Law. The previous 3,000 euro floor and the ‘formación sucesiva’ regime were abolished. Companies with capital below 3,000 euros carry specific reserve and shareholder-liability rules during liquidation. Corporate tax (standard) is 25%. Newly created entities pay 15% in their first profitable year and the following one. Since Ley 7/2024, micro-companies with turnover under 1 million euros pay a tiered rate: in 2026, 19% on the first 50,000 euros of taxable base and 21% on the rest. Reduced-dimension entities (turnover under 10 million euros) pay 23% in 2026.

Sociedad Anónima (S.A.)

The Spanish public limited company. Minimum capital is 60,000 euros, of which at least 25% must be paid up at incorporation. Only relevant for larger operations, listed companies, or regulated sectors. Not the right vehicle for a foreign founder starting a single project.

Sociedad Colectiva and Sociedad Civil

General partnerships. Partners share unlimited joint and several liability. Rare among foreign founders because the S.L. offers the same flexibility with a liability shield. Useful for specific professional services partnerships where joint liability is desired.

The 8 steps we walk you through to incorporate

This is the linear path for incorporating a Sociedad Limitada in Spain in 2026. The autónomo path is shorter and skips the notary and capital deposit steps. Our team coordinates all eight, so the founder typically signs once at the notary (in person or by power of attorney) and the rest happens behind the scenes.

1. Decide the visa path. Entrepreneur, self-employed, or NIE-only (EU). Wrong sequencing here costs months.
2. Obtain the NIE for every non-resident shareholder and director. Filed at a Spanish consulate abroad or in Spain through power of attorney.
3. Request the company name certificate from the Registro Mercantil Central. The RMC reserves the chosen denomination and certifies that it is not already taken. The application is filed at rmc.es and the certificate is normally issued within a few business days.
4. Open a corporate bank account and deposit the share capital. The bank issues a deposit certificate that the notary will require. For S.L. with a 3,000 euro minimum, the deposit is straightforward. For founders abroad, our team coordinates with banks that handle non-resident corporate accounts.
5. Sign the deed of incorporation at the notary. The deed contains the bylaws, the share capital structure, the named director, and the registered address. Our team coordinates the notary appointment, drafts the bylaws, and prepares all supporting documents.
6. Apply for the definitive NIF at the Spanish Tax Agency. The company first receives a provisional tax ID at the notary and then the definitive one from AEAT. Filing is done through Modelo 036 at sede.agenciatributaria.gob.es. Our tax advisors handle the full Modelo 036, including the VAT regime election and the intra-EU operator registration if you will sell across borders.
7. Register the company at the Mercantile Registry of the province where the registered address sits. This is what gives the company full legal personality.
8. Social Security and municipal licence. Register the company at the General Treasury of Social Security, register the director under the autónomo (RETA) scheme if applicable, and request any sector specific municipal licence (food, hospitality, regulated activities).

For an autónomo registration without an S.L., steps 3, 4, 5 and 7 are skipped. The path becomes: NIE, Modelo 036/037 at AEAT, and Social Security alta in RETA. Our tax advisors handle both modelos and the RETA registration on the same day.

How much does it cost to start a business in Spain?

The setup cost has two layers: the official fees you pay to public registries, and the professional fees you pay for legal, tax and accounting work. We publish only the official fee ranges below. For our service fees, ask for a fixed quote on your specific case.

• NIE application: official consular or police fee. Modest.
• Company name certificate (RMC): small official fee paid to the Registro Mercantil Central.
• S.L. share capital: minimum 1 euro (companies under 3,000 euros carry extra reserve obligations) (your money, sits in the company, not a fee).
• Notary fees: notarial tariffs in Spain are regulated (Real Decreto 1426/1989 and amendments). For a standard S.L. incorporation deed with 3,000 EUR capital, the official tariff range is modest.
• Mercantile Registry filing: official fee scaled to capital and number of pages.
• Modelo 036 filing: free. AEAT does not charge for the tax registration itself.
• Social Security RETA alta: free. The recurring contribution starts from the month after the alta.
• Year one accountant: ongoing monthly bookkeeping is a market expense outside the setup.

Two things to flag for US and UK founders. First, the 3,000 EUR S.L. capital is yours, sitting in the company bank account, not a fee. Second, none of the official tariffs above are negotiable: notary, registry and AEAT charge what the law says. Where we add value is in sequencing, drafting bylaws that work for your shareholder agreement, and avoiding the rework that comes from wrong filings.

How long does it take?

Realistic timelines for a founder applying from the US or UK in 2026:

• Entrepreneur visa: around 20 business days for the decision once filed through the Unidad de Grandes Empresas y Colectivos Estratégicos, plus prep time for the ENISA business plan.
• Self-employed visa: filed at a Spanish consulate abroad. Decision times vary by consulate. Three to six months is realistic.
• NIE only (for EU founders or non-EU founders already with residence): days to a few weeks depending on the office.
• S.L. incorporation: from NIE in hand to definitive NIF and Mercantile Registry filing, typically two to four weeks if all documents are ready.
• Autónomo registration: a single day at AEAT and Social Security once the NIE is in place.

The longest single delay we see is waiting for the consular appointment for the NIE or the self-employed visa interview. We book the appointment first and prepare the file in parallel, not the other way around.

What we see in our consultations: common mistakes US and UK founders make

After running over a thousand client files a year since 2018, three patterns repeat. They are all avoidable.

• Incorporating an S.L. before securing the right visa. The company exists, the founder cannot legally work for it, and the project freezes. Fix: visa first, company second, unless the founder is EU or already has a permit that authorises self-employment.
• Picking the entrepreneur route for a non-innovative business. ENISA rejects projects that do not show real technology content or scalability. The result is a wasted application and the need to refile under the self-employed route. We screen the project before deciding the path.
• Underestimating the autonomo tax setup. Many US founders assume Spain works like a US sole prop. It does not: monthly RETA contributions, quarterly VAT, quarterly IRPF payments on account, and annual filings. We brief founders on the full calendar before they sign anything.
• Picking the wrong tax residence date. If you spend more than 183 days in Spain in a calendar year you become tax resident. Founders who move in October still trigger residency the following January if they overstay. Our tax advisors map the year so the founder does not get caught by a tax surprise.

Frequently asked questions

Can a US citizen start a business in Spain?

Yes. A US citizen can own 100% of a Spanish company and act as its director. The business side is open. The residence side requires either the entrepreneur visa (innovative projects) or the self-employed work visa (traditional businesses and freelancing), unless the founder already holds another permit that authorises economic activity in Spain.

Can a UK citizen start a business in Spain after Brexit?

Yes. Post-Brexit, UK citizens are treated as third-country nationals for residence purposes, but not for business ownership. A UK founder can incorporate a Spanish S.L. or register as autónomo on the same terms as any other non-EU founder, with the visa choice driving the timing. We work with UK founders weekly out of our Barcelona, Marbella and Valencia desks.

How much money do I need to start a business in Spain?

For an autónomo registration: no capital requirement. For a Sociedad Limitada: 3,000 euros minimum share capital, sitting in the company bank account from incorporation. Visa applications also require proof of economic means for living costs in Spain on top of the business capital.

Can a foreigner own 100% of a company in Spain?

Yes. There is no nationality or residence requirement on shareholders or directors of a Spanish S.L. or S.A. A non-resident foreign founder can hold 100% of the capital and act as sole director, provided every individual involved holds a Spanish NIE.

Do I need to live in Spain to run a Spanish company?

No. You can own and direct a Spanish S.L. while living abroad. However, if you want to physically work for the company in Spain, you need a residence permit that authorises it. The visa choice depends on the type of project: entrepreneur visa for innovative startups, self-employed visa for traditional businesses. Our team maps both options on a single 15-minute call.

What taxes will my Spanish company pay?

A Sociedad Limitada pays Spanish Corporate tax (standard) is 25%. Newly created entities pay 15% in their first profitable year and the following one. Since Ley 7/2024, micro-companies with turnover under 1 million euros pay a tiered rate: in 2026, 19% on the first 50,000 euros of taxable base and 21% on the rest. Reduced-dimension entities (turnover under 10 million euros) pay 23% in 2026. The company also collects and remits VAT (21% standard rate, with reduced rates for specific goods and services) and acts as withholding agent on salaries and certain payments.

Next step: a single 15-minute call with our team

Before you incorporate anything, the highest-leverage step is to sequence the visa and the company correctly. We offer a free 15-minute call where one of our lawyers maps your case, identifies whether your project fits Spain’s startup residency route or the self-employed path, and gives you a fixed quote for the full setup.

If your project is innovative or technology-driven, read the detail of Spain’s startup residency route on the entrepreneur visa Spain page. If you are a freelancer, consultant, or running a non-innovative business, the right starting point is the self-employed visa Spain guide. Either way, our team handles the visa, the incorporation and the tax registrations as a single workflow, so you sign once and go operational.

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