Forming an West Virginia LLC

(2025 Guide)

2025 LLC Guide

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How to Start an LLC in West Virginia (Step-by-Step Guide)

Discover how to start an LLC in West Virginia, our step-by-step guide. Learn the essential requirements and process to form your business today.

To establish an LLC in West Virginia, you need to submit the Articles of Organization to the West Virginia Secretary of State. The filing fee is $130, and approval typically takes about 10 days.

Here are the 6 steps you should follow:

Choose an LLC Name
Select a Registered Agent
File Articles of Organization
Obtain a Business Registration Certificate
Draft an Operating Agreement
Acquire an EIN

If you’re interested in setting up your LLC independently, refer to our complimentary guide below. Alternatively, if you prefer 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 does it cost to start an LLC in West Virginia?

The initial cost to establish an LLC is $130, followed by an annual fee of $25.

What do these fees cover? The $100 fee is for filing the Articles of Organization, which is the document that officially forms the LLC. The $30 fee is for obtaining the Business Registration Certificate, a state-level general business license. The $25 annual fee is for the Annual Report, a required filing to maintain your LLC’s good standing. For more details on LLC costs, visit LLC Costs in West Virginia.

How long does it take to get an LLC in West Virginia?

If you choose to file by mail, approval takes 5-10 business days, not including mailing time. Filing online also results in approval within 5-10 business days. For updates on any potential delays, refer to How long does it take to get an LLC in West Virginia.

 

Here’s how to establish an LLC in West Virginia

1. Check Your LLC Name

Begin by checking the availability of your desired LLC name in the state. This step is crucial because two businesses in the same state cannot share the same name.

Start by searching your business name and comparing it with those already registered in West Virginia. Ensure that the LLC name you wish to use is distinct from existing businesses by utilizing the Business Entity Search provided by the West Virginia Secretary of State.

Secondly, acquaint yourself with the state’s naming conventions to ensure your LLC’s name gets approved. We will delve into both aspects in more detail here: West Virginia LLC Name.

Note: 

Most people choose “LLC”.

2. Select a West Virginia Registered Agent

The following step involves selecting a Registered Agent. A West Virginia Registered Agent is an individual or company responsible for receiving legal mail and state notices on behalf of your West 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

West 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 West 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 Articles of Organization


To establish an LLC, you must submit the Articles of Organization. This document, once submitted to the West Virginia Secretary of State, officially creates your LLC.

The cost to file the Articles of Organization online is $130, which is a one-time charge for setting up your LLC.

Pro Tip: We suggest filing your Articles of Organization online as it’s more convenient and includes the Business Registration Certificate in the process. Filing online costs a total of $130 ($100 for the Articles of Organization and $30 for the Business Registration Certificate).

Veterans and Young Entrepreneurs get Free LLCs
Veterans, active-duty military members, and their spouses can start an LLC for free in West Virginia. Additionally, if you’re under 30, you can form a West Virginia LLC at no cost due to the Young Entrepreneurs Act Waiver.

Note: Only the LLC formation fee ($100) is waived for veterans and young entrepreneurs. The $30 fee for the Business Registration Certificate still applies. For those who prefer to file their LLC formation paperwork independently, refer to our detailed guide: West Virginia Articles of Organization. Alternatively, you can hire a company to handle it for you.

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. Obtain a Business Registration Certificate

All LLCs in the state must secure a Business Registration Certificate (BRC) before conducting business legally.

The BRC serves as West Virginia’s equivalent to a state-level general business license. Filing the BRC application with the West Virginia State Tax Department involves a one-time fee of $30, and there’s no need for renewal.

Pro Tip: When filing your Articles of Organization online, the BRC application might be part of the process, depending on the version of the One Stop Business Portal you use. If you filed online and haven’t received your West Virginia LLC Business Registration Certificate within a month—or if you’re unsure whether you applied—contact the State Tax Department at 304-558-3333 to confirm your business registration status. For detailed information and filing instructions on the BRC, refer to: West Virginia LLC Business Registration Certificate.

Depending on your LLC’s location, a local business license or permit may also be necessary. For instance, starting a daycare might require a business license from the city or county. Visit our West Virginia Business License page for more details.

5. 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 West 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)

6. Obtain an EIN for Your LLC

The following step is to secure a West 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.

What should I do after my LLC is approved?

Once your LLC receives approval, there are a few additional actions to take.

Open a business bank account for your LLC

Establishing a business bank account is crucial for simplifying accounting and maintaining clear financial records. It also helps preserve your personal liability protection by keeping your business finances separate from your personal funds.

Submit your LLC Annual Report

All LLCs in West Virginia are required to file an Annual Report each year. This report ensures your LLC remains in good standing with the state.

How much is the West Virginia Annual Report fee? The filing fee for the Annual Report is $25 annually.

When is the Annual Report due? LLC Annual Reports must be submitted by June 30 each year.

When is my first Annual Report due? The first Annual Report is due the year following your LLC’s approval. For instance, if your LLC was approved on March 16, 2025, your first report is due by June 30, 2026.

How do I file my LLC Annual Report? You can file your LLC’s Annual Report online through the state’s One Stop Business Portal. Follow our detailed guide here: West Virginia LLC Annual Report.

File and pay taxes

LLCs themselves don’t pay federal taxes; instead, the LLC Members report the taxes through their personal tax returns.

How is my LLC taxed? By default, the IRS taxes an LLC based on its number of owners: A Single-Member LLC is taxed as a Sole Proprietorship, while a Multi-Member LLC is taxed as a Partnership. You can also request the IRS to tax your LLC as a C-Corporation or S-Corporation.

In addition to federal taxes, there are state and local income taxes, as well as sales tax. Discover more in West Virginia LLC Taxes.

Helpful Resources

How to Start an LLC in West VirginiaC FAQs

Can I start an LLC online in West Virginia?


Absolutely, you can establish an LLC online in West Virginia. The filing fee for the Articles of Organization is $130 when submitted online, which also includes the Business Registration Certificate. Once you file online, your LLC will typically be approved within 5-10 business days.

The primary advantage of an LLC is the protection of your personal assets. This means that if your business faces a lawsuit, your personal belongings such as your home, vehicles, and bank accounts remain safe. This protection applies to all LLC owners, whether it’s a Single-Member LLC or a Multi-Member LLC. Unlike Sole Proprietorships or Partnerships, all LLC owners are shielded from business debts and liabilities. This is why LLCs are a favored business structure.

Another advantage is the LLC’s pass-through taxation, where the LLC itself doesn’t pay federal income taxes. Instead, profits are passed through to the LLC Members, who then pay taxes on their personal returns. State income tax functions similarly, as the state acknowledges the federal tax treatment of your LLC. To understand more, please see “How are LLCs taxed.”

Determining whether West Virginia is a suitable state to start an LLC depends on your location and business activities. If you reside in or conduct business in West Virginia, you should establish your LLC there. While some sites discuss tax benefits in various states, these don’t apply if you aren’t living or operating there. For instance, forming an LLC in Delaware but living and working in West Virginia means you’ll need to register your Delaware LLC in West Virginia, incurring additional fees. Ultimately, this results in higher costs and complications without benefits. In short, if you live and work in West Virginia, it’s a good state for your business. Otherwise, it may not be ideal.

The differences between Domestic LLCs, Foreign LLCs, and Professional LLCs lie in their formation location and business purpose. A Domestic LLC is formed in its “home state,” where the owner resides and conducts business. If you live and work in Georgia, you would form your Domestic LLC in Georgia. A Foreign LLC is established in a state other than its home state. Here, “foreign” means the LLC is foreign to its home state. If you expand from Georgia into Florida, you register your Georgia LLC as a Foreign LLC in Florida.

LLCs operate at the state level, so to do business in multiple states, you must form or register an LLC in each state. This involves creating a Domestic LLC in your home state and a Foreign LLC in another state.

A Professional Limited Liability Company (PLLC) is an LLC created for offering “professional services.” “Professional” refers to businesses needing special permissions, like licenses or certifications, to operate legally. Professions such as architects, attorneys, social workers, doctors, and veterinarians often form PLLCs for their practices. For more on PLLCs and their requirements, see “What’s a Professional LLC?” For further details on Foreign and Domestic LLCs, see “Foreign LLCs by State” and “Difference between Domestic LLCs and Foreign LLCs.”

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