How to Start an LLC in Virginia

Virginia offers a straightforward LLC formation process with a $100 filing fee to submit your Articles of Organization with the State Corporation Commission (SCC). The state processes filings in 3-5 business days, and Virginia’s graduated income tax rates range from 2% to 5.75%, making it competitive for small business owners. Virginia LLCs must file an annual registration fee of $50 each year to remain in good standing.

Follow these steps to start your Virginia LLC in 2026.

How to Start an LLC in Virginia (6 Steps)

Step 1: Name Your Virginia LLC

Your Virginia LLC name must be distinguishable from any other business entity on file with the Virginia State Corporation Commission (SCC). The name must include a designator such as “Limited Liability Company,” “LLC,” “L.L.C.,” or similar abbreviation. You can search for available names using the SCC business entity search.

If you find an available name and aren’t ready to file immediately, you can reserve it for 120 days by filing a Name Reservation Application with the SCC for $10. This prevents anyone else from registering the same name while you prepare your formation documents.

Before finalizing your name, check whether the matching domain name is available for your website and whether the name is available on social media platforms. You should also search the USPTO trademark database to make sure your desired name doesn’t infringe on an existing trademark.

Virginia naming rules:

• Must include “Limited Liability Company,” “LLC,” “L.L.C.,” or similar abbreviation
• Must be distinguishable from other business names on file with the SCC
• Cannot include words that imply the LLC is a bank, insurance company, or government agency without proper licensing
• Cannot contain language suggesting a purpose the LLC is not authorized to pursue

Step 2: Choose a Registered Agent

Virginia requires every LLC to have a registered agent with a physical street address in Virginia. The registered agent receives legal documents — including lawsuits, subpoenas, and official state correspondence — on behalf of your LLC. This is a legal requirement, and your LLC cannot be formed without designating a registered agent.

You can serve as your own registered agent (if you have a Virginia address), appoint a trusted friend or family member, or hire a professional registered agent service. While acting as your own registered agent saves money, it means your personal address becomes public record and you must be available at that address during all normal business hours to accept documents.

Our top recommendation is Northwest Registered Agent ($39/year), which also handles LLC formation for $39 + the $100 state fee. Using a professional service provides privacy, ensures you never miss an important document, and frees you from having to be physically present at a fixed address during business hours.

Step 3: File Your Articles of Organization

To officially create your Virginia LLC, you need to file Articles of Organization with the Virginia State Corporation Commission (SCC). The fastest way to file is online through the SCC Clerk’s Information System. You can also file by mail, but online filing is recommended for faster processing.

When completing the Articles of Organization, you’ll need to choose between a member-managed and manager-managed structure. In a member-managed LLC, all owners participate in running the business. In a manager-managed LLC, one or more designated managers handle day-to-day operations while other members are passive investors. Most small LLCs choose member-managed.

Filing details:

• Filing fee: $100
• Online filing: SCC Clerk’s Information System (recommended)
• Processing time: 3-5 business days (standard)

Information required:

• LLC name
• Registered agent name and address
• Principal office address
• Management structure (member-managed or manager-managed)
• Organizer name and signature
• Effective date (can be a future date)

Step 4: Create an Operating Agreement

Virginia does not legally require an operating agreement, but having one is strongly recommended for every LLC, whether single-member or multi-member. An operating agreement is an internal document that establishes the rules for how your LLC is run, including ownership percentages, profit and loss distribution, voting rights, and what happens if a member wants to leave or if the LLC is dissolved.

Without an operating agreement, your LLC will be governed by the default rules in the Virginia Limited Liability Company Act, which may not align with your intentions. For example, the default rules assume profits are split equally among members regardless of their capital contributions. An operating agreement lets you customize these terms. Most banks and financial institutions also require a copy of your operating agreement before they will open a business bank account.

Step 5: Get an EIN

Apply for an Employer Identification Number (EIN) through the IRS website. It’s free and takes about 15 minutes online. An EIN is a nine-digit number assigned by the IRS that acts as your LLC’s tax identification number — think of it as a Social Security Number for your business. You need an EIN to open a business bank account, hire employees, file federal taxes, and apply for business permits. Even single-member LLCs with no employees should get an EIN, as it helps keep your personal Social Security Number off business documents.

Step 6: Pay Your Annual Registration Fee

All Virginia LLCs must pay an annual registration fee of $50 to the State Corporation Commission. The fee is due by the last day of the month in which your LLC was originally formed (your registration anniversary month). For example, if you formed your LLC in March, your annual registration fee is due by March 31 each year.

The SCC will mail you a notice before the due date, but it’s your responsibility to pay on time regardless of whether you receive the notice. You can pay your annual registration fee online through the SCC’s online system. Failure to pay can result in your LLC being automatically canceled by the SCC. Virginia also requires LLCs to file state income tax returns, as the state has a graduated income tax ranging from 2% to 5.75%.

Virginia LLC Costs

Total first-year cost: $150-$450. This range covers the required state filing fee ($100) plus the annual registration fee ($50) and an optional registered agent service. If you serve as your own registered agent, your mandatory costs are $150 in the first year. See our complete guide to LLC costs by state.

Virginia LLC Taxes

Virginia has a graduated state income tax with rates ranging from 2% to 5.75%. The tax brackets are: 2% on the first $3,000 of taxable income, 3% on income from $3,001 to $5,000, 5% on income from $5,001 to $17,000, and 5.75% on all income over $17,000. LLC profits pass through to members’ personal tax returns and are taxed at these individual rates.

Virginia does not impose a separate franchise tax or gross receipts tax on LLCs. However, some Virginia localities impose a Business Professional and Occupational License (BPOL) tax based on gross receipts. The rate varies by locality and business type, so check with your city or county to determine if this applies to your LLC.

Virginia has a state sales tax rate of 4.3%, with local jurisdictions adding 1% to 1.7%, for a combined rate of 5.3% to 6% depending on your location. Certain regions, including Hampton Roads and Northern Virginia, have higher combined rates. If your LLC sells taxable goods or services, you’ll need to collect and remit sales tax. You can register through the Virginia Department of Taxation.

Remember that all LLC members still owe federal income tax and self-employment tax (15.3%) on their share of LLC profits, regardless of the state’s tax treatment.

Virginia LLC Annual Requirements

Every Virginia LLC must pay an annual registration fee of $50 to the State Corporation Commission by the last day of the month in which the LLC was formed. This fee keeps your LLC in good standing with the state. If you fail to pay, the SCC may cancel your LLC. You can pay online through the SCC’s website for convenient processing.

In addition to the annual registration fee, you should keep your registered agent information current with the SCC and file an amendment if your LLC’s name, registered agent, or other key information changes. Maintain accurate internal records, including your operating agreement, meeting minutes, and financial statements. Virginia LLCs must also file state income tax returns and comply with any local business license requirements.

If you want to confirm that your LLC is in good standing, you can request a Certificate of Good Standing from the SCC for $6. This document is sometimes needed when applying for business loans, opening bank accounts in other states, or registering your LLC as a foreign entity in another state.

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Frequently Asked Questions

How much does it cost to start an LLC in Virginia?

The state filing fee for a Virginia LLC is $100, which is the cost to file your Articles of Organization with the State Corporation Commission. Additional costs may include a registered agent service ($39-$299/year), the annual registration fee ($50), and a name reservation ($10, optional). Most people spend between $150 and $450 in their first year.

How long does it take to form an LLC in Virginia?

Standard processing through the SCC takes 3-5 business days when filed online. Expedited same-day processing is available for an additional fee. Filing by mail takes longer, often 1-2 weeks or more.

Do I need a registered agent in Virginia?

Yes, every Virginia LLC is required by law to have a registered agent with a physical street address in Virginia. The registered agent accepts legal documents, including lawsuits and official state mail, on behalf of your LLC during normal business hours. A P.O. box cannot be used as a registered agent address.

Does Virginia require an operating agreement?

No, Virginia does not legally require an operating agreement. However, creating one is strongly recommended because it defines member roles, profit sharing, voting procedures, and decision-making processes. Without one, your LLC is governed by the default rules in the Virginia Limited Liability Company Act, which may not reflect your actual business arrangement.

How are LLCs taxed in Virginia?

Virginia has a graduated state income tax with rates from 2% to 5.75%. LLC profits pass through to members’ personal tax returns and are taxed at these individual rates. Virginia does not impose a separate franchise tax on LLCs. Members still owe federal income tax and self-employment tax (15.3%) on their share of profits.

Can I be my own registered agent in Virginia?

Yes, you can serve as your own registered agent in Virginia as long as you have a physical street address in the state (not a P.O. box) and are available at that address during normal business hours to accept legal documents. Your address will become part of the public record. Many LLC owners prefer using a professional registered agent service for privacy and convenience.

When is the Virginia LLC annual registration fee due?

The Virginia LLC annual registration fee of $50 is due by the last day of the month in which your LLC was originally formed. For example, if you formed your LLC in April, your annual fee is due by April 30 each year. Failure to pay can result in your LLC being canceled by the SCC.

Does my Virginia LLC need a business license?

Virginia does not have a general state business license, but many localities require a Business Professional and Occupational License (BPOL). Depending on your industry and location, you may also need specific permits at the state, county, or city level. Check with your local Commissioner of the Revenue or the Virginia SCC to determine what applies to your business.

Can a non-resident form an LLC in Virginia?

Yes, you do not need to be a Virginia resident or a U.S. citizen to form an LLC in Virginia. However, you will need a registered agent with a physical address in Virginia. Many non-residents use a professional registered agent service for this purpose. If you conduct business in another state where you live, you may also need to register your Virginia LLC as a foreign LLC in that state.