Starting an LLC or Professional LLC in West Virginia requires certain knowledge and skills. It is not only a joyful step but also a responsible one, so it is important to follow the procedures established by law.
In this article, we have compiled the most relevant information for those who are planning to start an LLC in West Virginia including requirements and fees. You’ll learn how to apply for LLC, what forms are required, as well as what you need to do after West Virginia LLC filings to maintain a good reputation. Also, we’ll take a brief look at how hiring an online LLC service for creating and doing business in West Virginia can be helpful and offer a few popular options.
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The name is your West Virginia LLC’s identity and one of the key elements of its image. Your West Virginia LLC name largely determines the future of the company. A suitable name should fit the principles and characteristics of the business, be concise, and memorable. However, the first step is to make sure that the chosen name complies with the law.
The requirements that apply to the names of West Virginia LLCs are presented in West Virginia Code §31B-1-105 and include:
If a chosen name meets all of the above criteria, you can move on to filing an Article of Organization. However, if you are not planning to formally register and operate in West Virginia yet, you can take advantage of a reservation. This will protect your LLC name from encroachment by third parties.
With LLC name reservation service, for $15, you will get 120 days, during which the state will keep the chosen name. All you have to do is submit the Application for Name Reservation the way you want: by mail, fax, or email.
Note that in this state, only the person who signed the original formation documents can file the name reservation papers. In addition, a Customer Order Request Form must be filed with the application.
If you appreciate the simplicity and convenience of electronic documents, send your materials to:
If you want to take an advantage of expedited service, the Application for Name Reservation and Customer Order Request Form should be emailed to:
Furthermore, all required LLC paperwork may be faxed to:
(304) 558-8381
If you prefer paper documents, the printed forms, along with a payment check, can be submitted to any of the addresses below:
West Virginia Secretary of State
One-Stop Business Center
1615 Washington Street
East Charleston, WV 25311
or
West Virginia Secretary of State
North Central WV Business Center
200 West Main Street
Clarksburg, WV 26301
or
West Virginia Secretary of State
Eastern Panhandle Business Center
229 E. Martin Street
Martinsburg, WV 25401
To register a West Virginia LLC, you need to prepare and file an Article of Organization, the company’s primary document. You will need the following information to complete it:
The West Virginia Articles of Organization may be submitted online, by mail, fax, in person, or by email. Regardless of the method, there is a $100 application fee.
If you are a veteran or have not yet reached the age of 30, you can waive the state fee.
Filing online is the fastest option, and it will take you just a couple of minutes. In addition, if you choose this method, you can also register with the IRS for an additional $30.68.
For standard filings, you may send the documents and e-Payment Authorization Form to:
If you want to take advantage of expedited filings, you will need to send your documents to:
You also can send the filled out Articles of Organization and e-Payment Authorization Form to:
(304) 558-8381
Download the paper application to your computer, fill it out, and print it. Enclose a $100 check for the mandatory fee, then mail the papers to one of the addresses below:
West Virginia Secretary of State
One-Stop Business Center
1615 Washington Street
East Charleston, WV 25311
or
West Virginia Secretary of State
North Central WV Business Center
200 West Main Street
Clarksburg, WV 26301
or
West Virginia Secretary of State
Eastern Panhandle Business Center
|229 E. Martin Street
Martinsburg, WV 25401
You may deliver documents in person by contacting any of the above addresses. Please note that if you do so, you will need to pay a $25 surcharge for 24-hour processing.
Also, you must submit a Customer Order Request form, indicating the desired option for their processing:
Now you know how to form an LLC in West Virginia. The next step is to make sure your business is legitimate and comfortable.
An Operating Agreement is an internal document that defines an LLC’s management structure, policies, and procedures.
Although an Operating Agreement is not a mandatory part of the West Virginia LLC formation, having one provides a number of benefits to a business:
There is no official form for West Virginia Operating Agreement, so business owners can obtain this document in 2 ways:
An integral part of starting a business is appointing a West Virginia agent of process, whose primary function is to receive official correspondence.
Both individuals and legal entities may act as Agents of Process Service if they meet the following criteria:
The owner of the business has the right to perform these duties or to appoint an acquaintance, an accountant, a relative. However, professional service is a much more reliable and convenient option.
If you have not yet registered an LLC, then by hiring a company like IncFile, you will get a free registered agent for a whole year.
Once you have completed setting up an LLC in West Virginia, you need to take care of obtaining an EIN.
An Employer Identification Number is a unique 9-digit code that makes it easy to identify a company in the IRS records. Having a West Virginia LLC EIN is required if you:
The EIN is free of charge. You can apply for it online, by mail, or by fax.
To File online is the fastest way because it allows you to start using your EIN immediately after you apply. Requests are accepted from 7 a.m. to 10 p.m. EST, Monday through Friday.
However, filing your LLC online will require a valid individual taxpayer number, such as a Social Security Number.
Download Form SS-4 to your computer, fill it out, print it, and send to:
(855) 641-6935
The estimated processing time is 4 business days.
A filled out and printed Form SS-4 may be mailed to:
Internal Revenue Service Operation
Attn: EIN Operation
Cincinnati, OH 45999
This is the slowest method, so be prepared to wait for about 4 weeks.
By default, LLCs are treated as “pass-through” tax units at the federal level. All business income and expenses are reported on the owners’ personal 1040 tax returns and/or Schedule C.
As for LLC taxes in West Virginia, they are similar to federal ones. In addition, West Virginia LLC Tax Filing does not include franchise tax.
Additional taxes, depending on the nature of your business, include Sales Tax and Use Tax, as well as Unemployment Tax and Withholding Tax. You have to register for them through the One Stop Business Portal or by filing paper applications. You can use this form for Withholding, Sales, Use taxes, and a separate registration form is required for Unemployment Tax.
When planning to do business in West Virginia, be aware that some cities, municipalities, or counties impose local taxes on LLCs operating in their territory.
For ease of accounting, once you start a West Virginia LLC, you need to open a business bank account. This will completely separate LLC business finances from the assets of its owners and, at the same time, will expand the company’s ability to raise funds.
To open an LLC Bank Account in West Virginia, you will probably need the following documents:
Generally, to operate your West Virginia LLC, you should obtain Occupational, Professional, and Special Licenses and Permits. Their number and type depend on the type and location of the business.
Licenses and Permits can vary greatly, so if you’re not sure which ones your LLC needs, visit the West Virginia Division of Labor website. There, you can find more information and learn about licensing in West Virginia in more detail.
In addition to West Virginia business licenses, licensure requirements may be stipulated at the city or county level, so check it with your local clerk.
The obligation to file the Annual Report applies to all state-registered companies. The filing instructions require an LLC to put its annual report forward to the state between January 1 and July 1 to maintain good standing. There is a $25 mandatory fee for processing the West Virginia LLC Annual Report.
In January, your registered agent will receive a reminder from the Secretary of State that the deadline for Reporting in West Virginia is approaching. You can submit the Annual Report online, by email, fax, deliver the paper form in person, or mail it to one of the addresses below:
West Virginia Secretary of State
One-Stop Business Center
1615 Washington Street
East Charleston, WV 25311
or
West Virginia Secretary of State
North Central WV Business Center
200 West Main Street
Clarksburg, WV 26301
or
West Virginia Secretary of State
Eastern Panhandle Business Center
229 E. Martin Street
Martinsburg, WV 25401
If you miss the deadline, the LLC will receive a $50 fine and may be subjected to involuntary closure.
If you want to save time by outsourcing launching an LLC in West Virginia to professionals, then take a look at the list of the best online services for LLC formation. These companies can take care of preparing all West Virginia LLC documents on your behalf.
Online companies like ZenBusiness or IncFile will not only take care of all the startup formalities but also provide 1 year of free registered agent service as a bonus. Moreover, with IncFile, you can get free LLC filing, but, of course, if you pay $100 of the West Virginia LLC fee.
