Forming an Virginia LLC
(2025 Guide)
2025 LLC Guide
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forms your LLC with Northwest for $39 (60% off). Details inside.
How to Start an LLC in Virginia (Step-by-Step Guide)
Discover how to start an LLC in Virginia, our step-by-step guide. Learn the essential requirements and process to form your business today.
To establish an LLC in Virginia, submit the Articles of Organization to the Virginia State Corporation Commission (SCC). The filing fee is $100, with a processing time of 5 days for approval. Here are the 6 steps you need to complete:
Choose an LLC Name
Select a Registered Agent
File Articles of Organization
Create an Operating Agreement
Obtain an EIN
Register for a Tax Account
If you prefer to set up your LLC independently, you can follow our complimentary guide below. For those who want professional assistance, we suggest hiring Northwest Registered Agent.
Need to save time?
Form your LLC with Northwest ($39 + state fee) or LegalZoom ($149 + state fee).
(See why Northwest is #1: Northwest vs LegalZoom.)
How much is the cost to establish an LLC in Virginia?
The initial cost to start an LLC is $100, followed by an annual fee of $50.
What do these fees cover? The $100 fee is for filing the Articles of Organization, which officially forms the LLC. The $50 yearly fee is your Annual Fee, required to maintain your LLC’s good standing. For further details on LLC Costs, refer to LLC Costs in Virginia.
How long is the processing time to obtain an LLC in Virginia?
Submitting by mail results in approval within 2-5 business days, plus additional mail time. Filing online also takes 2-5 business days for approval.
Check How long does it take to get an LLC in Virginia for any potential delays.
Here’s how to establish an LLC in Virginia
1. Conduct a Search for Your LLC Name
Begin by checking the availability of your desired LLC name in the state. This step is crucial because no two businesses within the state can share the same name.
Start by searching your business name and comparing it against those already registered in the state. You can verify the uniqueness of your preferred LLC name by using the Virginia State Corporation Commission’s Business Entity Search tool. Additionally, it’s important to understand the state’s rules regarding business names to ensure your LLC’s approval. We’ll delve into both aspects in more detail here: Virginia LLC Name.
Note:
Most people choose “LLC”.
2. Select a Virginia Registered Agent
The following step involves selecting a Registered Agent. A Virginia Registered Agent is an individual or company responsible for receiving legal mail and state notices on behalf of your Virginia Limited Liability Company.
Who is eligible to be an LLC Registered Agent? You have three options for appointing a Registered Agent:
You
A friend or family member
A Registered Agent Service
Virginia mandates that LLC Registered Agents must maintain a physical street address within the state. PO Boxes are not permissible. The name and address of the Registered Agent will be included in public records.
If you lack an address in Virginia or desire increased privacy, you can opt for a Registered Agent Service for your LLC.
We suggest Northwest Registered Agent
One of the aspects we appreciate most about Northwest is their willingness to allow you to use their office address for your LLC filing. This ensures your personal address is not listed in public records.
Additionally, they provide a service to scan any mail addressed to your LLC and upload it to your online account. Northwest offers exceptional customer service, and we trust them as our own Registered Agent.
Special offer:
Form your LLC with Northwest for $39 + state fee and get a free year of Registered Agent service.
(Read our Northwest Registered Agent review.)
3. Submit LLC Articles of Organization
To establish an LLC, you’ll need to submit the Articles of Organization to the Virginia State Corporation Commission (SCC).
Filing the Virginia Articles of Organization online incurs a one-time fee of $100.
If you prefer to handle the filing yourself, refer to our detailed guide: Virginia Articles of Organization. Alternatively, you can hire a service to complete it on your behalf.
Need to save time?
Form your LLC with Northwest ($39 + state fee) or LegalZoom ($149 + state fee).
(See why Northwest is #1: Northwest vs LegalZoom.)
4. Draft an LLC Operating Agreement
An LLC Operating Agreement acts as a complementary document to the Certificate of Formation. While the Certificate of Formation establishes your LLC, the Operating Agreement identifies the owners of the LLC.
Moreover, many banks require an Operating Agreement when setting up an LLC bank account. It is also invaluable if legal issues arise, as it demonstrates the proper management of your LLC. For these reasons, we advise all LLCs, including Single-Member LLCs, to have an Operating Agreement.
Additionally, an Operating Agreement is considered an “internal document.” This means you don’t need to file it with the state or the IRS (Internal Revenue Service). Simply keep a copy with your business records. You can download a free template below. Then, watch our Virginia Operating Agreement video for a step-by-step guide on how to complete it.
Download a free LLC Operating Agreement:
Member-managed: Google Doc | Word | PDF
Manager-managed: Google Doc | Word
(What’s better? See Member-managed vs Manager-managed LLC)
5. Obtain an EIN for Your LLC
The following step is to secure a Virginia EIN from the IRS for your LLC. Note: An EIN, also known as a Federal Tax ID Number or Federal Employer Identification Number, is essential.
An EIN is needed to:
– Identify your LLC for tax purposes
– Open a business bank account
– Apply for business licenses and permits
How much does an EIN cost? The IRS provides an EIN at no charge.
How long does it take to receive an EIN? Online applications are processed in 15 minutes, while mail or fax applications may take 1-3 months.
How can I obtain an EIN?
– US Citizens/Residents: With an SSN or ITIN, apply online. Follow these instructions: Apply for an EIN online.
– Non-US Residents: You can’t apply online, but you can obtain an EIN via fax or mail. See these instructions: How to get an EIN without an SSN or ITIN.
6. Sign Up for a Tax Account & Business Licenses
Great news! Virginia does not mandate a state general business license.
However, you must register with the Department of Taxation to obtain a Virginia State Tax Account Number. This number is essential for conducting business within the state and is distinct from your LLC’s federal EIN number. Depending on your LLC’s location, you might also require a local business license or permit. For instance, if you’re planning to open a daycare, you may need a license from your city or county. More information is available on our Virginia Business License page.
What should I do after my LLC is approved?
Once your LLC is approved, there are a few important tasks to complete.
LLC Business Bank Account
It’s advisable to set up a business bank account for your LLC. This simplifies your accounting and financial record-keeping. Moreover, maintaining a separate business bank account helps protect your personal liability by keeping business finances distinct from your personal funds.
File Your LLC Annual Registration Fee
All Virginia LLCs must pay an Annual Fee each year to remain in good standing with the state. Note: In Virginia, this is called the Annual Registration Fee or simply the Annual Fee. It is sometimes mistakenly referred to as an Annual Report, but only Corporations file an Annual Report in Virginia. LLCs are only required to pay the Annual Registration Fee.
How much does a Virginia Annual Fee cost? The Annual Fee for an LLC in Virginia is $50 per year.
When is the Annual Fee due? The fee is due by the last day of the anniversary month of your LLC’s approval each year. For instance, if your LLC was approved on March 15, your Annual Fee is due by March 31 annually.
When is my first Annual Fee due? Your first Annual Fee is due the year following your LLC’s approval. For example, if your LLC was approved on March 15, 2025, your first Annual Fee is due by March 31, 2026.
How do I file my LLC Annual Fee? You can pay the Annual Fee online or by mail. We recommend online payment for ease. Detailed instructions for both methods are available here: Virginia LLC Annual Report.
File and Pay Taxes
LLCs do not pay federal taxes directly. Instead, the LLC Members pay taxes on the LLC’s earnings through their personal tax returns. How will my LLC be taxed? The IRS taxes an LLC based on its ownership: A Single-Member LLC is taxed like a Sole Proprietorship, while a Multi-Member LLC is taxed like a Partnership. Alternatively, you can request the IRS to tax your LLC as a C-Corporation or S-Corporation. Besides federal taxes, there are state and local income taxes, as well as sales tax. More information is available in Virginia LLC Taxes.
Helpful Resources
How to Start an LLC in Virginia FAQs
Can I establish an LLC online in Virginia?
Absolutely, you can submit your LLC application online. The fee for filing the Articles of Organization is $100. When you register your LLC online, it typically gets approved within 2-5 business days.
What are the advantages of an LLC?
The primary advantage of an LLC is safeguarding your personal assets. This means that if your business faces a lawsuit, your personal assets—such as your home, vehicles, and bank accounts—are shielded. This protection applies to all LLC members, whether it’s a Single-Member or Multi-Member LLC. LLC owners are protected from business debts and liabilities, unlike Sole Proprietorships or Partnerships where owners lack such protection. Therefore, Limited Liability Companies (LLCs) are a preferred business structure. Another benefit is the pass-through taxation of LLCs. The LLC itself doesn’t pay federal income taxes; instead, profits are “passed through” to LLC Members who pay taxes on their personal returns. Virginia’s state income taxes align with this federal treatment. For more details, see How are LLCs taxed.
Is Virginia a suitable state for starting an LLC?
Virginia’s suitability for starting an LLC depends on your residence and business location. If you reside or conduct business in Virginia, it’s wise to establish your LLC there. Websites often discuss tax benefits of certain states, but those are irrelevant if you don’t live or operate there. For instance, forming an LLC in Delaware but living and working in Virginia means you must register your Delaware LLC in Virginia and incur additional fees, ultimately paying Virginia taxes. This leads to higher costs and complications without benefits. In short, if you live and work in Virginia, then yes, it’s a good state for starting a business. Otherwise, it isn’t advisable. Real estate exception: If buying real estate outside Virginia, form your LLC in the property’s state. For more insights, see Best State to Form an LLC.
What distinguishes a Domestic LLC, a Foreign LLC, and a PLLC?
The key differences among Domestic LLCs, Foreign LLCs, and PLLCs lie in their formation location and business purpose. A Domestic LLC is formed in its “home state” where the owner resides and conducts business. For instance, if you live and operate in Georgia, you would establish your Domestic LLC there. A Foreign LLC is formed in a state other than its home state, where “foreign” indicates its status relative to the home state. For example, if based in Georgia but expanding to Florida, you’d register your Georgia LLC as a Foreign LLC in Florida. LLCs are state-level entities; thus, conducting business in multiple states requires forming or registering an LLC in each state, by creating a Domestic LLC in your home state and a Foreign LLC in another.
What is a PLLC?
A Professional Limited Liability Company (PLLC) is an LLC designed for offering “professional services”. Here, “professional” pertains to business types needing special permissions (such as a license, registration, or certification from the state) for legal operation. Professions like architects, attorneys, social work counselors, doctors, and veterinarians often establish their practices as PLLCs. For more about PLLCs, their availability, and stricter requirements, see: What’s a Professional LLC? For further details on Foreign and Domestic LLCs, visit: Foreign LLCs by State and Difference between Domestic LLCs and Foreign LLCs.
About Us
We specialize in guiding individuals through the process of forming LLCs across all states, while also offering a range of comprehensive business services tailored to entrepreneurs.
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- support@uniprime.online
- +1 (646) 347-3833
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