How to Start a West Virginia LLC

Updated: September 28, 2023, 12:30pm

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West Virginia is the 35th state of the Union of states in the United States of America. The Mountain State has some set of guidelines to adhere to in case you want to open an LLC in the state of West Virginia. You would need to be an effective business provider to open up an LLC in the state of West Virginia.

Business comes with its set of requirements and requisites. If you are one of those who want to run your own business and be your own boss, then you would need to abide by the norms in West Virginia. Follow these simple steps, and you will be able to open an LLC in West Virginia hassle-free:

#1 Name The LLC In West Virginia

A West Virginia LLC needs to abide by the guidelines of the state. It must include LLC in its name. The same shouldn’t have a Federal or State section included in the name, and in case there is a special service offered by the LLC, then there needs to be a relevant document to substantiate the same.

You would need to ensure that your business doesn’t offer any service that is not listed in the set of details shared with the state. Every business is different, as is the name of the business, so you should do a name search on the West Virginia Secretary of State website to ensure that your business name is unique in the state of West Virginia.

#2 Pick A Registered Agent

Now that you have checked that your business name is unique in the state, you need to look into the credentials of how to comply with the state and federal government norms. You would need someone who would be your representative in the state, someone who can file your taxes, communicate on your behalf, and receive any documentation for your business.

The person must be a West Virginia resident, and if it is a business, then the business should be registered with the state to perform business transactions. Following these details will ensure that you are in compliance with the state norms for a business.

#3 Filing Articles Of Organization For A West Virginia LLC

A Form LLD-1: Articles of Organization need to be filed with the West Virginia Secretary of State. It can be done online, email, fax, mail, or in person. If you are a qualifying veteran-owned business in the state of West Virginia, then you can file the Articles of Organization for free. The normal charges for filing are $100, which are non-refundable.

It is at this time of filing that you can decide whether your LLC will be a member-managed or manager-managed LLC. You can file the same online and offline and share it at the appended addresses based on your location in the state of West Virginia:

Charleston Office

One-Stop Business Center

1615 Washington St. E.

Charleston, WV 25311

Clarksburg Office

North Central WV Business Center

200 W. Main St.

Clarksburg, WV 26301

Martinsburg Office

Eastern Panhandle Business Center

229 E. Martin St.

Martinsburg, WV 25401

Fax: (304) 558-8381

Email: CorpFilings@wvsos.gov

#4 Formulate An Operating Agreement For A West Virginia LLC

The state of West Virginia doesn’t need an LLC Operating Agreement, but having one is a good idea as it means that you have put everything to paper. It ensures that everyone in the company is informed about what needs to be done and how it needs to be done. Your business would be a great example if it puts everything in black and white.

This operating agreement outlines every procedure in the company and avoids future conflict. Your business has every information in light, and this ensures that you have everyone on the same page about what you expect out of your business.

#5 Request To Generate A West Virginia LLC EIN

Internal Revenue Service (IRS) provides an Employer Identification Number (EIN) for free in the state of West Virginia. This helps to identify a business and keep track of the tax reporting. It serves as an online identity for your business, just like the Social Security Number (SSN) does for individuals.

When you apply for an LLC online, getting the EIN number is automatically included in the registration process on the West Virginia One Stop Business website. EIN helps you open a business account for your company. You can use it for federal and state tax purposes and also hire employees for your business. Application for the same can be submitted online and offline. You can send a mail to the appended address for offline processing.

Internal Revenue Service

Attn: EIN Operation

Cincinnati, OH 45999

Fax: (855) 641-6935

#6 Get A Business Registration Certificate

If you are a business in the state of West Virginia, then you need to register and get a Business Registration Certificate. There are no filing charges for the same for any business in the state of West Virginia.

Applications for the Business Registration Certificate are accepted online through the West Virginia One Stop Business Portal or by submitting the BUS-APP form over mail. This will help you continue doing business in the state of West Virginia.

#7 Submit Your Annual Report

West Virginia has a policy that needs every LLC to file their annual report by July 1. The annual report has to be filed with the Secretary of State in the state of West Virginia. You would need to submit it online. There is no offline submission available for the annual report.

The annual report has to be filed/submitted with a $25 filing/submission fee using the West Virginia One Stop Business Portal. There are no options for the business to get penalized in case you miss the deadlines. This is one benefit that you would get in the state of West Virginia.

#8 Comply With West Virginia Guidelines

You must comply with the state, federal, and local guidelines to run your business effectively. The fees and requirements for licenses and permits will vary depending on the requirements of your business.

Appended are some of the common aspects that come to your aid when you want to apply as a West Virginia LLC. You need to abide by all the guidelines of the state and federal norms to make your business an efficient one.

Sales Tax

Planning to sell a physical product using your LLC? If so, then you would need to register for a seller’s permit through the West Virginia Tax Division website. West Virginia’s sales tax rate is 6%. The counties and cities can add an additional local sales tax of up to 1% at their own discretion.

Employer Tax

As an employer, you would require employees to run your business. You would have to justify that these employees are authorized to work in the United States of America. Registration for both Unemployment Insurance Tax and Employee Withholding Tax is required from the West Virginia Department of Commerce and West Virginia Tax Division, respectively.

Income Tax

State

The charges for the same will vary depending on your LLC’s income. The interest rate will range from 3% to 6.5%. You are required to file your state income tax by April 18 every year. If you wish to know your tax bracket or calculate the tax, then you need to visit the state tax department website.

Federal

Now that you have filed your state income tax return let’s talk about your federal tax return. File your federal income tax return by using Form 1065 for a multi-member LLC and Form 1040 Schedule C for a single-member LLC.