Guide

EU Inc for Non-EU Founders: Entering the EU Market

A practical, honest look at how founders outside the EU access the single market now, and what the proposed EU Inc might change for them.

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Not live yet. The 28th regime is a proposal under negotiation at EU level. You cannot register an EU Inc today — this article explains the state of play honestly.

If you are a founder outside the EU, here is the short version: you can already build a company inside the European single market today, but you do it through one of 27 national systems, not a single European one. The proposed "EU Inc" — a pan-European company form, sometimes called the 28th regime — aims to give you one digital entity that works across the bloc. It is a proposal moving through the EU legislative process, not law yet, so you cannot register one today. And even once it exists, a company is not a visa. This article is general information, not legal, tax, or immigration advice.

How non-EU founders enter the EU today

Right now there is no "European company" you can incorporate as a default. To operate inside the single market, a non-EU founder incorporates a national entity in a specific member state, under that country's company law. Common routes include an Estonian OÜ (often opened remotely through Estonia's e-Residency programme), an Irish private limited company (Ltd), or a Dutch BV. Each is a real, well-understood structure — but each lives in one country's legal and tax system.

That single choice pulls in a chain of others. You deal with one national business register, one set of filing rules, one language of administration, and one tax authority. If you then want to sell or operate across borders — which is usually the whole point of choosing "Europe" — you meet the fragmentation the single market was meant to reduce. You may need VAT registration and can often use the EU's One-Stop-Shop (OSS) scheme to report cross-border sales to consumers, but rules, thresholds, and local obligations still vary. Opening a business bank account as a non-resident can be slow. Hiring in a second member state can mean confronting a second country's employment and payroll rules more or less from scratch.

None of this is a reason not to do it — thousands of non-EU founders incorporate in the EU every year. It is simply the honest baseline: you are joining one country, and reaching the rest of the bloc on top of that. The 2024 Letta report on the single market ("Much more than a market") described this fragmentation as a real cost to European competitiveness — which is a large part of why the EU Inc idea exists at all.

What EU Inc proposes to simplify

The EU Inc / 28th-regime proposal is an attempt to give founders one European entity instead of 27 national ones. The word "proposed" matters throughout this section: these are the intended benefits, not features you can rely on yet.

  • One entity, one rulebook. A single EU-wide company form governed by a common framework, rather than picking a jurisdiction and inheriting its whole legal system.
  • Digital incorporation. An online, standardised setup process — the kind of remote, paperwork-light experience e-Residency pioneered for one country, generalised across the bloc.
  • EU-wide operation. An entity designed from the start to operate across member states, intended to reduce the friction of treating each new country as a fresh legal project.
  • Familiar to investors. A recognisable, harmonised structure that cross-border and international investors can underwrite without relearning local company law each time.

For a non-EU founder specifically, the appeal is obvious: less "which of 27 do I pick, and why," and more "incorporate once, operate across Europe." You can read more about the concept in our overview of what EU Inc is, and how it stacks up against the usual US default in EU Inc vs Delaware.

The hard, honest caveats

This is the part that gets glossed over, so read it carefully.

It is not available yet. EU Inc is a legislative proposal working its way through the EU institutions. Until it is adopted and in force, no one — inside or outside the EU — can register one. Anyone offering to "register your EU Inc now" is offering something that does not legally exist.

An EU Inc is a company, not an immigration status. Incorporating one would not, by itself, give you the right to live, move to, or work in the EU.

It is not a visa or residence permit. This is the single most important caveat for founders outside Europe. Owning or directing an EU company — whether a national entity today or an EU Inc in the future — does not grant you personal residence rights. If you want to physically relocate, that runs through separate national immigration and visa channels, which are unaffected by the company form you choose.

Tax and substance still matter. A harmonised company form would not harmonise tax. Where a company is actually taxed depends on things like where it is effectively managed and where it has real substance — people, decisions, activity — not just where it is registered on paper. Registering an EU entity from abroad while running everything from your home country can create tax questions in both places. Corporate tax rates, personal tax, and permanent-establishment rules would remain national concerns. Treat "where do I incorporate" and "where am I taxed" as two different questions.

Because these points are jurisdiction-specific and consequential, this is where you get qualified local advice rather than acting on a general article.

What to do now to be ready

You cannot register an EU Inc today, but you can put yourself in a strong position for whenever it — or your national entity in the meantime — is the right move:

  • Separate the two goals. Be clear about whether you need a company in the EU (a legal/commercial question) or the right to live in the EU (an immigration question). They are solved by different instruments.
  • Understand today's route. Learn how an Estonian OÜ, Irish Ltd, or Dutch BV would actually work for your business, since one of them may be your best option now and a sensible bridge later.
  • Get your substance story straight. Know where your company will really be managed and operated. This drives tax treatment far more than the label on the entity.
  • Line up advisers early. A cross-border accountant and, where relevant, an immigration adviser are worth more than any single "best country" listicle.
  • Track the timeline. The proposal is still being negotiated; see when it might arrive for the current state of play.

The honest close

EU Inc is a genuinely promising idea for founders anywhere in the world who want a single door into the European market instead of 27. But today it is a proposal, not a product. The realistic plan for a non-EU founder is: use an existing national entity if you need to move now, keep your tax and substance clean, handle any relocation through proper immigration channels, and be ready to convert or adopt an EU Inc if and when it becomes law.

If you want to be first in line the day it is available, join the EU Inc waitlist. We are an independent service tracking the proposal — not an EU body — and we will not pretend the entity exists before it does.

VD

Vladyslav Drapii

Vladyslav leads SEO and content at Legarithm, an international corporate-services firm. He writes about European company law, startup incorporation and the proposed 28th regime. This article is general information, not legal or tax advice.

Frequently asked

Does registering an EU Inc give me an EU visa or residence?

No. An EU Inc would be a company, not an immigration status. Owning or directing an EU company does not give you the right to live, move to, or work in the EU. Relocation runs through separate national immigration and visa channels, regardless of what company form you use.

Can a non-EU founder register an EU Inc today?

No. EU Inc (the 28th regime) is a European Commission proposal moving through the EU legislative process; it has not been adopted into law. Until it is, no one can register one. Anyone offering to register your EU Inc right now is selling something that does not yet legally exist.

How does a non-EU founder set up a company in the EU right now?

By incorporating a national entity in a specific member state — for example an Estonian OÜ (often opened remotely via e-Residency), an Irish Ltd, or a Dutch BV. Each is governed by that country's company law, register, and tax authority, and reaching the rest of the EU means dealing with VAT/OSS and, potentially, 27 different national systems.

If I incorporate in the EU, where will my company be taxed?

Not necessarily where it is registered. Tax treatment depends on factors like where the company is effectively managed and where it has real substance, not just the country on the paperwork. Registering abroad while operating from your home country can raise tax questions in both places. This is a question for a qualified cross-border tax adviser, not a general article.

Would an EU Inc make things simpler for founders outside Europe?

That is the intent. As proposed, an EU Inc would offer one digital, EU-wide company form instead of choosing among 27 national systems, with a structure familiar to international investors. These are expected benefits of a proposal, though — not guaranteed features, and not available yet.

Be first when EU Inc goes live

Join the waitlist and we’ll tell you the moment registration actually opens — no hype, no fake dates.

Join the EU Inc waitlist