Starting a West Virginia LLC entails selecting an appropriate name and filing the Articles of Organization, among other steps. Follow our guide to understand the essentials of launching an LLC in West Virginia.
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Starting a West Virginia LLC? Ah, the Mountain State — where the valleys echo with the potential of business ventures, just like they do with the reverberations of bluegrass melodies.
Starting a limited liability company (LLC) in West Virginia can be as tricky and winding as a journey through the Appalachian trails. While you might not encounter any black bears or puzzling trail markers on this venture, you will find a dense thicket of paperwork, legal jargon, and state-specific nuances that might have you wishing for a trusty trail guide.
Whether you’re eyeing a startup in West Virginia’s medical sector, aiming to become your neighborhood’s go-to convenience store, or anything in between, starting an LLC requires a solid understanding of the state’s requirements. That’s where this guide comes in.
Now, let’s get a lay of the land. This guide is designed to navigate you through setting up a domestic LLC right here in West Virginia. We’ll also cover the basics of starting a professional LLC (PLLC), an LLC organized for licensed professionals like doctors and lawyers. But if you’re looking for a foreign LLC, you’ll need a different map entirely, as those ventures aren’t covered here.
As you embark, you’ll probably want to draft up a business plan to guide your start-up efforts. This document can explain your purpose, your goals, your target market, and more. While it isn’t a legal requirement to draft one, it can be extremely beneficial, guiding your strategy from step one.
Ready to venture into the wild and wonderful world of West Virginia LLC creation? Lace-up those hiking boots (or business shoes) and let’s hit the trail together.
Pick a unique name. Naming your West Virginia limited liability company comes first. If you’re ready to start a new business entity, you’ve likely put some thought into how to do this. Now is the time to narrow down which name you’d like to use.
State law guides the naming of businesses in the Mountain State, so you’ll need to make sure that the name you choose for your West Virginia LLC abides by these requirements:
When you’re forming a professional LLC, much of the process is the same as forming a standard LLC. But there are a few nuances to address, and creating a business name is one of them. For starters, instead of using the designator “LLC,” you’ll use the designator “professional limited liability company,” “professional L.L.C.,” “professional LLC,” “PLLC,” or “P.L.L.C.”
You also need to ensure that your name adheres with any naming requirements enacted by your industry’s licensing agency. Each industry has its unique requirements, so please check what the guidelines are for your profession and ensure that your name meets them.
It’s also a smart move to consider using your West Virginia LLC’s name for a domain name at this time. A domain name is the website address at which your customers can find your goods or services. It can be used as your official business email address, too.
A simple domain name search will show you if the company name, or any close variation of it, is available to use. We have a tool to help you do a preliminary business name search, and our domain name registration service can help you secure the online name that will best serve your company.
The West Virginia Secretary of State may approve your desired LLC name, but they don’t check for trademarks. It could be a real pain if you set up your business, its signage, marketing materials, etc., only to be slapped with a trademark infringement lawsuit later.
To make sure you’re entirely in the clear with your desired business name, visit the United States Patent and Trademark Office website and do a search to make sure your business name or logo isn’t already federally trademarked.
Trademarks can also happen at the state level, so you’ll also want to make sure that no state trademarks exist on your planned LLC name. To find out more and/or apply for a state trademark, go to the West Virginia Secretary of State website page for trademarks. There you can conduct a state trademark search.
Once you’ve made sure your LLC name is available in West Virginia and on the internet, you have the option of reserving it so that no one else can use it before you can officially launch your business. An LLC name reservation with the West Virginia Secretary of State protects your company’s name for 120 days from the filing date.
There’s a fee involved for filing an LLC name reservation. It’s important to note and remember a unique West Virginia requirement: The person who reserves the name on the state’s application must be the same person who signs the initial business startup documents.
You’ll have to submit the completed filing to one of the business centers listed on the application. You can email your application to CorpFilings@wvsos.gov, fax your document, or drop it off in person.
Another thing to consider after you register your LLC name is whether you want to use a trade name. In West Virginia, a trade name is any name under which you conduct business that is different from your LLC’s official and legal name. This type of name is also known as a “doing business as” (DBA) name or fictitious name. An LLC only needs to use a trade name if you want to:
There are no limits to the number of trade names a company or person can register. There’s a fee involved for trade name registration with the state. The registration allows you to operate under this name, but it offers no protection against others using the same name to do business.
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Designate a registered agent. A registered agent (For more information, please see our what is a registered agent page) is an individual or business entity appointed to receive legal documents (such as subpoenas) and certain state correspondence on your company’s behalf. All registered business entities in West Virginia must appoint and maintain a registered agent throughout the life of their business. The LLC’s registered agent information goes on the public record.
West Virginia details pretty specific requirements for who can be a registered agent. According to state law, a registered agent must:
West Virginia has these requirements for the registered agent to ensure they can fulfill their purpose: to accept legal documents and some official notices from the state on behalf of the business they represent.
These criteria make it possible for a business owner to serve as their own registered agent, have a friend or family member fill the role, or hiring one of WV’s registered agent services.
We highly recommend hiring a registered agent service. Sure, you’ll pay an annual fee for their services, but here are just a few of the ways you’ll benefit:
By hiring an agent, you help ensure that your business is both compliant and sustainable for you in the long term. Our West Virginia registered agent service can fill this role for you simply and reliably.
Complete and submit your LLC paperwork. Your Articles of Organization form is a legal document that you must complete and file with the state to start your LLC in West Virginia officially. To file your Articles of Organization (Form LLD-1), you’ll need the following information:
Your LLC is considered a professional limited liability company (PLLC) if you practice one of the following professions:
If you’re filing as a PLLC, please note that you’ll need to fill out the Verification of Eligibility form (Form VOE) before you file your Articles of Organization. Form VOE is a signed confirmation from your industry’s licensing board that your members’ licenses are valid and current. You’ll have to attach this signed form to your Articles of Organization or else your filing will be rejected. You’re also required to maintain $1 million of coverage for professional liability insurance.
There is a fee of $130 involved for filing your Articles of Organization. Veteran owners can have this fee waived if they meet certain requirements and file a waiver form. Veterans must submit a DD 214 form from the Department of Veterans Affairs with their Articles of Organization, too. Entrepreneurs under the age of 30 also qualify to have this fee waived.
You can submit your Articles of Organization by email, fax, in person, or online.
All of that being said, filing official government documents like this can be intimidating and/or complicated for many people, which is why we’re here. With our business formation services, our professionals handle the filing for you to make sure it’s done quickly and correctly the first time.
If you have us handle filing your Articles of Organization, once the state approves your LLC, your paperwork will be available from your ZenBusiness dashboard, where you can keep it and other important paperwork digitally organized.
Once you get your physical paperwork back from the state approving your new LLC, you’ll want to keep it in a safe location along with your other important documents, such as your operating agreement, member certificates, contracts, compliance checklists, transfer ledger, etc.
We offer a customized business kit to help you keep these important documents organized and looking professional.
Draft an LLC operating agreement. An operating agreement is a document that outlines how your LLC will operate. It details all the rules, procedures, and regulations that all members and/or managers must abide by. (For more information please see our operating agreement definition page.)
West Virginia law doesn’t require you to file an agreement; however, creating one and having all members sign it can help set your business up for success in the long term. The agreement not only provides for how the day-to-day operations will function but also for how membership can change and how money is handled, helping solve future issues between your LLC’s owners.
A West Virginia operating agreement can include information such as:
A written agreement has lots of benefits, from resolving disputes to clarifying your operations from the start. But the biggest advantage comes in the form of helping maintain your LLC’s personal asset protection.
Limited personal liability is arguably the biggest advantage of forming an LLC. While we won’t get too bogged down in the legalese, personal asset protection means that if your business ever gets into trouble, your personal assets (like your car, home, or savings) can’t be seized to pay the business debts. It’s a significant perk.
Personal asset protection is only possible because your LLC is, from a legal standpoint, a separate legal entity from you as the owner(s). And you have to treat it like a separate entity. Your agreement helps serve as written proof that you’re doing just that, helping solidify your liability protection.
To help get you started, we offer a customizable operating agreement template.
Get an Employer Identification Number (EIN). An EIN is a tax ID number issued to businesses by the Internal Revenue Service (IRS). Obtaining an EIN is necessary to do things such as hire employees and pay taxes. It’s also a requirement for any business with multiple owners. It’s a way for the government to identify your LLC and apply the proper taxes. An EIN is also commonly referred to as a Federal Tax Identification Number.
You can get your West Virginia LLC’s EIN through the IRS website, by mail, or by fax, but if you’re unfond of dealing with that particular government agency, we can get it for you. Our EIN service is quick and eliminates the hassle.
When you get your registration certificate (see the next step), the State Tax Department will establish a tax account for your LLC. They’ll provide you with the appropriate tax reporting forms so you’ll know which West Virginia business taxes you’ll need to pay.
As part of your state taxes, you can expect to pay taxes on your income (either personal income taxes if you’re taxed as a pass-through entity or corporate income taxes if you elect C corporation status). You may also be responsible for sales and use taxes; excise taxes on certain products like alcohol, soft drinks, or tobacco; and more. These tax requirements make our next step very important.
Apply for a West Virginia Business Registration Certificate. After completing your registration with the West Virginia Secretary of State, but before conducting business in West Virginia, you must obtain a registration certificate from the State Tax Department for your LLC. You can file an application through the Business for West Virginia Online Portal. You can also file via mail by completing and sending a BUS-APP form to the Tax Commissioner at:
West Virginia State Tax DepartmentTax Account Administration DivisionRegistration & Account Correction UnitP.O. Box 2666Charleston, WV 25330-2666
The state charges a small registration tax, which will need to be submitted at the time of filing for your certificate. There’s an additional fee when you file through the online portal.
Filing a beneficial ownership information report,or BOI report, is a brand-new requirement for LLCs and small businesses. This requirement just went into effect at the beginning of 2024 thanks to the Corporate Transparency Act. The act requires reporting companies to disclose information about their beneficial owners to the Financial Crimes Enforcement Network.
Your LLC has beneficial owners; a “beneficial owner” is anyone who holds 25% or more of your LLC’s ownership interest, exercises substantial control over it, or gets significant economic benefit from its assets. For each beneficial owner, you’ll need to provide a name, address, and identifying documents. By requiring this information, FinCEN hopes to deter financial crimes by making it more difficult to hide illicit activities behind shell companies. Failing to file has severe criminal and civil penalties.
You can file your BOI report for free on FinCEN’s website; you can use the online form or upload a PDF. Either way, the filing is free (and you won’t have to repeat it on the state level). Just be sure to file on time. If you form your LLC during 2024, the BOI report is due within 90 days of getting West Virginia’s approval for your Articles of Organization. Any LLCs that start in 2025 (or beyond) will have just 30 days. Meanwhile, LLCs that started prior to 2024 will have until January 1, 2025, to file. Want to learn more about the BOI report and its requirements? Check out FinCEN’s website. And if you need help filing, our BOI report filing service has you covered.
West Virginia has a variety of requirements and filing fees for LLCs. While LLCs may have different startup requirements, here are some of the most common ones:
As you get up and running, be sure to file these forms and applications, and budget for these expenses. That will help you get started on a solid foundation.
After successfully forming your WV LLC, your work isn’t quite finished. It’s essential to complete several additional steps to ensure your business is set up correctly and remains compliant with state regulations.
You’ll need to make sure your West Virginia LLC has all the licenses and permits it’s required to have by law. Chief among these is the general business license West Virginia requires all businesses to have. This license is also known as the Business Registration Certificate we covered in Step 6.
This likely won’t be the only license and/or permit your LLC will be required to have. Unfortunately, because licensing varies by industry and location and can occur on the federal, state, and local levels, there’s no central place to check to see if you have all the licenses and permits you need. You’ll have to do some research.
If you don’t have the time or inclination to do all this research, or if you just want the peace of mind to know that your business has all the licenses and permits it’s legally required to have, our business license report service can do the work for you.
Establish a robust accounting system to manage and track your finances effectively. This system will help facilitate budget management, expense tracking, and preparation for tax obligations.
Your small business has a variety of different options for accounting systems: a spreadsheet, accounting software, hiring a professional, or even using our Money Pro app. No matter what you choose, your priority should be getting a system in place and using it faithfully.
Once you’ve secured an EIN, you’ll be able to open a business bank account. Having separate accounts for your business and your personal banking is critical for sorting out your finances at tax time and helps you avoid commingling funds.
Commingling funds can not only make your taxes more difficult, but it could also be used against you if someone takes you to court to challenge whether you and your LLC are truly separate entities.
We offer a discounted bank account for your new business. This allows for unlimited transactions, online banking, a debit card, and more. When you want to authorize others in your business to use the account, we offer a banking resolution template to simplify the process. For further help managing your new business’s finances, try Money Pro. It can help you create invoices, receive payments, transfer money, and manage clients all in one place.
Every LLC in West Virginia is required to file an annual report. This report is relatively simple, but it keeps the state informed about your business’s basic information (and verifies that you’re still up and running). Filing is an important part of staying compliant and in good standing.
You can file your annual report online through the West Virginia One Stop Business Portal. It’s due anytime between January 1 and June 30, so you have plenty of time to get the paperwork completed. That said, it’s recommended to pick a specific date to file it by so you don’t accidentally overlook it. For example, you might add it to your list of forms to file at tax time.
There is a $25 filing fee (at the time of this writing) for this report.
Stay updated on legal and tax obligations pertinent to your LLC in West Virginia. This includes understanding state and federal tax requirements, as well as any changes in business regulations.
Requirements are subject to change at any time, so be sure to keep informed. That’s why a lot of small business owners find it helpful to regularly consult with an attorney or tax professional to stay up to date regarding state requirements.
If you find errors in your WV LLC’s filing documents, don’t panic. You can correct mistakes in your Articles of Organization by filing the Articles of Amendment with the Secretary of State. This form requests which sections you’re trying to amend (correct), contact information for questions about the form, and a signature. There is a $25 filing fee (as of the time of this writing) for this form (plus expediting fees if you want to speed the process up).
Dissolving an LLC in West Virginia involves a formal process. First, if applicable, refer to your LLC’s operating agreement for any specified dissolution procedures. The dissolution typically requires a vote or agreement by the LLC members.
After the decision to dissolve is made, the LLC should settle any outstanding debts and distribute any remaining assets. Then, file a “Certificate of Dissolution” with the West Virginia Secretary of State. This officially winds up the LLC and notifies the state of its closure.
Finally, handle any final tax obligations, including filing a final tax return, to ensure a complete and compliant dissolution of the LLC. After the LLC’s outstanding liabilities are paid, any remaining assets can be distributed among the members.
For a full rundown of this process, check out our guide to dissolving a business in West Virginia.
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At ZenBusiness, we believe every aspiring entrepreneur should have the tools and support necessary to create a business, which is why we’ve made it easy with our free LLC service. We handle the complexities of starting an LLC in West Virginia while you focus on your business. Along with LLC formation, we provide Worry-Free Compliance services and more to help keep your business in good standing. With expert support on hand every step of the way, we have what you need to run and grow your business effortlessly.
So, whether you’re starting an IT firm in Charleston or a furniture store in Morgantown, join the hundreds of thousands of businesses we’ve helped launch. Contact us today to get started.
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The state fees for forming a West Virginia LLC range from $130 to $220, depending on factors such as whether you choose to reserve your business name, get a DBA, etc.
Note that fees change over time, so you should check the West Virginia Secretary of State website for the most recent fee schedule.
West Virginia is a scenic state that’s rich in American history. It’s centrally located on the East Coast, within an eight-hour driving distance of many major metropolitan areas. Over half of the U.S. population can be easily reached within a day from the Mountain State. West Virginia strongly supports young entrepreneurs and U.S. military veterans, so the state makes it more affordable for them to start an LLC in West Virginia. Business owners who are West Virginia residents and under the age of 30 qualify for a free filing of their LLC’s Articles of Organization. Proof of age and residency will be required to qualify.
The Boots to Business waiver is an initiative by the state to help veterans transition from military to civilian life. To qualify as a veteran-owned LLC, the veteran must be honorably discharged or discharged under honorable conditions.
State law also requires that at least 51% of the business must be owned by a veteran or veterans. To file as a veteran-owned LLC, follow the instructions on your Articles of Organization form, as you’ll need to supply additional documentation to qualify. Other benefits of forming a West Virginia LLC include:
Learn more about the benefits of the LLC business structure.
You can form your West Virginia LLC by mail or in person, but it’s faster and easier to do so online. Filing online takes approximately five to 10 business days, while processing by mail takes considerably longer. The West Virginia Secretary of State’s office encourages filing online through the One Stop Business Portal. You’ll receive real-time updates as your forms are processed.
West Virginia has options for expediting your filing for an additional fee. The options are 24-hour, two-hour, and one-hour filings.
No, you don’t need to file your written agreement with the state; however, it’s recommended that you have one to run your business and further protect your assets.
Federal Taxes
By default, LLCs are considered “pass-through entities,” meaning that the business itself typically doesn’t pay federal income tax on its profits. The responsibility to pay income taxes falls only on the individual. This differs from most corporations, where profits are taxed twice, first at the business level and again at the individual owners’ level.
Single-member LLCs don’t have to file a separate federal return for their LLC. They report the LLC income on their personal income tax return (Form 1040). LLCs with more than one member (owner) must file a separate information federal return for the LLC, Form 1065. Then each LLC member reports their share of the profits on Schedule K-1 and attaches it to their own personal federal tax return.
Although LLCs are taxed as sole proprietorships or general partnerships by default, LLCs also have the option to be taxed as corporations. Some LLC members choose to classify their businesses as an S corporation or a C corporation for tax purposes, which can be advantageous for certain LLCs.
In particular, many LLCs elect to be taxed as S corporations because, in some cases, it can save the members money on self-employment taxes. You can find out more on our “What Is an S Corp?” page.
You also have some other forms of federal taxation to keep in mind. For example, you’ll likely need to pay self-employment taxes on your share of the LLC’s profits. These are the taxes that go toward Social Security and Medicare. Fortunately, LLC members can deduct half of the self-employment taxes paid as a business expense.
State Taxes
When it comes to state income tax, West Virginia taxes an LLC’s income the same way it’s chosen to be taxed by the federal government. If an LLC chooses to be taxed as a corporation, it’ll need to pay the state’s corporate income tax.
West Virginia also charges a small business registration tax on all businesses. When you apply for your West Virginia Business Registration Certificate, the State Tax Department will establish a tax account for your LLC. They’ll provide you with the appropriate tax reporting forms, so you will know which West Virginia business taxes you’ll need to pay.
For more information on what your LLC’s tax responsibilities will be, contact the West Virginia State Tax Department and your local tax authorities.
By default, LLC owners only pay state and federal taxes on their personal income from the LLC. The LLC isn’t separately taxed.
Some LLCs (particularly those with high earnings) may choose to file taxes as either an S corporation or a What is a C corporation?. These options can have some advantages for certain LLCs. You can learn more about how these methods of taxation compare on our LLC vs. S corporation and LLC vs. C corporation pages.
Taxes are too complex to adequately cover in one article, so we always suggest getting advice from a qualified tax professional.
No, West Virginia doesn’t allow a Series LLC. This business structure has one main LLC under which multiple LLCs can be organized in order to shield each from the liabilities of the others.
Your West Virginia LLC will need to file an annual report each year, which is due by July 1.
We can help you with your West Virginia annual report in a couple of ways. Our annual report service will help you file your annual report, and our Worry-Free Compliance service not only helps with filing your annual report but also helps you with two amendment filings each year.
In addition to following the rules set forth in your operating agreement, you must file an Articles of Termination form with the West Virginia Secretary of State’s office to dissolve your West Virginia LLC. There’s a fee involved to complete the process.
For more information, visit our West Virginia business dissolution guide.
Generally speaking, a professional LLC is formed by professionals in a single profession. That said, state law does allow for professionals in compatible professional services to form a PLLC together, but only if the licensing boards of those professions permit it. If you’re thinking about teaming up with another professional and you’re not sure whether it’s allowed, please consult with your regulatory agencies.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
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Written by Team ZenBusiness
ZenBusiness has helped people start, run, and grow over 700,000 dream companies. The editorial team at ZenBusiness has over 20 years of collective small business publishing experience and is composed of business formation experts who are dedicated to empowering and educating entrepreneurs about owning a company.
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