West Virginia LLC Costs
In West Virginia, entrepreneurs and small businesses benefit from forming a limited liability company. An LLC is a business stricture that gives business owners liability protection, unique tax breaks, state-specific incentives, and a flexible management structure. Commonly, business owners believe that forming an LLC is complicated and expensive. But, it is a straightforward and accessible process that is affordable for many businesses.
Recommended LLC Services
Costs to start an LLC in West Virginia
LLC Articles of Organization ($100)
- You must file your LLC’s Articles of Organization with the West Virginia Secretary of State.
- The cost to file West Virginia Articles of Organization is $100.
- West Virginia offers expedited LLC services for an additional fee. 24-hour – $25, 2-hour -$250, 1-hour – $500.
West Virginia annual report fee ($25)
- You will file your annual report with the West Virginia Secretary of State.
- You will file your annual report online using the WV One Stop Business Portal.
- The West Virginia annual fee is $25.
- The due date for your annual report fee is July 1st.
- West Virginia does not impose monetary penalties for failure to file your annual report. However, you could face involuntary dissolution.
West Virginia registered agent fee (varies between $50 to $300)
- You must appoint a registered agent when forming an LLC in West Virginia.
- When you appoint a registered agent, you alert the West Virginia Secretary of State that someone is physically available during business hours to accept tax notices, subpoenas, and other essential services.
- Anyone can act as a registered agent for your LLC if they meet the state requirements. That includes you.
- The cost for appointing a registered agent in West Virginia will depend on the commercial service, LLC needs, and state filing fees.
Fees to form a foreign LLC in West Virginia ($150)
- You must register an LLC as a foreign LLC if you have an existing one in another state and expanding into West Virginia.
- You can use the West Virginia Secretary of State website to register a foreign LLC online.
- Or, you can complete the West Virginia Application for Certificate of Authority (Form LLF-1) and submit it by mail, fax, or in person.
- The cost to register a foreign LLC in West Virginia is $150.
LLC name reservation fee ($15)
- In West Virginia, you do not have to reserve your LLC name before formation.
- But, when you reserve an LLC name, you ensure no one else can register the same company name before you begin LLC formation.
- A West Virginia LLC name must be unique and completely distinguishable from other business names.
- You can reserve an LLC name for up to 120 days before formation.
- You can reserve the company name online using the WV One Stop Business Portal.
- Or, you can complete the Application for Name Reservation and submit it by mail, fax, or in person to the West Virginia SOS.
- The filing costs to reserve a West Virginia LLC name are $15.
DBA filing fees in West Virginia ($25)
- The business-related acronym DBA means ‘doing business as.’ A DBA, or an assumed name, is any name an individual or business uses to operate that is not the legal name.
- A DBA name in West Virginia must be unique and meet the state naming requirements.
- You can register a DBA online using the WV One Stop Business Portal.
- Or, you can complete the Application for Trade Name (Form NR-3) and submit it by mail, fax, or in person to the Secretary of State.
- The cost to register a West Virginia DBA is $25.
Cost of certified document copies ($15)
- You will order certified LLC documents online using the West Virginia Secretary of State website.
- The cost for certified LLC documents is $15 plus $5 for every additional filing.
West Virginia Certificate of Existence ($10)
- Banks and money lenders will require you to present a copy of the West Virginia of Certificate of Existence before allowing you to open a business bank account.
- You can order a Certificate of Existence online using the WV One Stop Business Portal.
- Or, you can complete the request form and submit it by mail, fax, or in person to the West Virginia SOS.
- The LLC filing fee is a West Virginia Certificate of Existence is $10.
Foreign LLC name reservation fee ($25)
- If your foreign LLC name is already in use in West Virginia, you must register a new foreign LLC name.
- You can reserve the foreign LLC name online using the WV One Stop Business Portal.
- Or, you can complete the Application for Name Reservation (NR-2) and submit it by mail, fax, or in person to the Secretary of State.
- The cost to reserve a West Virginia foreign LLC name is $25.
Steps to start an LLC in West Virginia
Choose a business name
When deciding on an LLC name in West Virginia, you will want to consider a few things.
- An LLC name in West Virginia must be entirely distinguishable from any other company name in the state and available for use.
- The West Virginia LLC name must meet all of the state naming requirements.
- You keep branding simple by checking for web domain availability.
You will use the WV One Stop Business Portal to conduct a name search.
LLC name reservation fee
West Virginia does not require the reservation of an LLC name before formation.
You can reserve a West Virginia LLC name by submitting the form online. The reservation is good for up to 120 days before formation.
The cost to reserve a company name in West Virginia is $15. An LLC name is good for up to 120 days. West Virginia does not require you to reserve an LLC name.
Appoint a West Virginia registered agent
When forming an LLC in the state, you must appoint a registered agent in West Virginia.
The price for a West Virginia registered agent or service varies between $50 and $100 a year. The cost depends on the state and your LLC needs.
A registered agent in West Virginia is an individual or business entity that receives tax forms, legal documents, subpoenas, civil notices, service of process, and other official government correspondence on behalf of a sole proprietorship, corporation, or LLC.
The registered agent you choose must be a West Virginia resident or a registered agent service authorized to conduct business in the state.
- Starter Plan – $39 a year plus State Fees
- Pro Plan – $149 a year plus State Fees
- Premium Plan – $249 a year plus State Fees
ZenBusiness has a stand-alone registered agent service for West Virginia LLCs. The price is $99 per year.
- Total Out The Door West Virginia LLC Formation Service Package – $45 a month and includes:
- West Virginia State Fee
- Filing Service Fee
- Registered Agent
- Tax ID
- Annual Plan – $225 plus State Fees a year
- Economy – $79 plus $153 West Virginia filing fees
- Standard – $329 plus $153 state filing fees
- Express Gold – $349 plus $255 state filing fees
File West Virginia Articles of Organization
You must file Articles of Organization with the West Virginia Secretary of State.
You can file the LLC’s Articles of Organization online using the WV One Stop Business portal.
Or, you can complete the WV Articles of Organization form and submit it by mail, fax, or in person.
The LLC cost to file West Virginia Articles of Organization is $100.
West Virginia offers expedited LLC services for an additional cost. 24-hour – $25, 2-hour -$250, 1-hour – $500.
Mailing and physical address:
One-Stop Business Center
1615 Washington St. E.
Charleston, WV 25311
Fax number: 304-558-8381
The West Virginia Articles of Organization form will ask for specific information.
- LLC name and address
- Registered agent information
- Email address
- Web domain address
The fee in West Virginia for filing your LLC Articles of Organization is $100.
Get a West Virignia LLC EIN
An Employer Identification Number, or EIN, can also be referred to as a Federal Employer Identification Number (FEIN) or Federal Tax ID Number (FTIN).
The 9-digit EIN that the IRS issues for free acts like a Social Security Number for companies for income tax purposes.
In West Virginia, you must apply for an EIN if you are converting a sole proprietorship into an LLC.
Applying for an EIN is a simple process online through the IRS website.
Business banking for a West Virginia LLC
Financial experts recommend opening a business bank account separate from your personal one. It will protect your assets and future credit scores.
In West Virginia, banks will require you to submit a copy of the LLC’s Articles of Organization, operating agreement, and EIN before allowing you to do business banking.
Business banking accounts are generally free, and do not have additional charges or fees.
Business attorney fees in West Virginia
Business attorneys keep LLC formation in West Virginia straightforward. Another benefit of retaining a lawyer is having someone available to handle business-related issues.
West Virginia business attorneys typically offer free consultations for first-time clients.
Professional services such as LegalZoom and Rocket Lawyer offer LLC formation packages that include comprehensive legal services.
On average, a business lawyer in West Virginia will cost $300 per hour.
LLC taxes in West Virginia
- LLCs are considered pass-through entities in West Virginia. As an LLC owner, you will file your personal taxes rather than the LLC’s tax returns.
- If you sell physical products in West Virginia, you must register for a seller’s permit.
- The West Virginia state tax rate is 6.00%, and the max local and county rate is 1.00%.
- If you hire employees in W.V., you must register for Unemployment Insurance Tax through the West Virginia Department of Commerce.
- You must also register with the West Virginia Tax Department for Employee Withholding Tax.
- By hiring a tax expert, you help ensure that you do not miss important deadlines, accrue late fees, or face possible dissolution.
Business licenses and permits in West Virginia
The LLC cost for West Virginia business licenses and permits will vary depending on where the company is located and the type of business.
You will use the WV One Stop Business Portal to locate the license and permits that you require for your LLC.
A business licence in West Virginia varies between $100 to $2500. The total cost of permits and licences will depend on where your LLC is, and the type of LLC.
Local government agencies in West Virginia will have different license processes and rules. You will want to contact the office to inquire about the process, price, and office hours.
You may find that some West Virginia LLC formation documents will require a notarization from a notary public.
If you cannot locate one, most government agencies have one in the office.
According to West Virignia law, a notary public can only charge a max of $10 per act.
Employer obligations in West Virginia
- If you hire employees in West Virginia, you have specific obligations.
- You will verify that the LLC’s employees are eligible to work legally in the US using Form I-9 from the USCIS Website.
- You must enroll in worker’s compensation insurance.
- You will report all new hires using the West Virginia Department of Health and Human Services New Hire Reporting Center.
- You can find a complete list of West Virginia employer obligations.
Benefits of a West Virginia LLC
- You keep business banking simple when you form an LLC in West Virginia. Banks will require that you open separate personal and business banking accounts. It protects future liability.
- In West Virginia, LLCs have different compliance requirements than other business structures. Incorporations must answer to shareholders and stock owners when they make business decisions.
- LLCs are pass-through entities in West Virginia. Owners file personal tax returns rather than the LLC’s tax returns.
- Forming an LLC decreases the chances of being double-taxed. C-corporations are double-taxed while LLCs are not.
- West Virginia has state-specific incentives that are available to LLCs. Incentive Programs in the Opportunity Zone and Central Appalachia Empowerment Zone (CAEZ) are available to LLCs in the state.
How long does it take to register an LLC in West Virginia?
It will take the West Virginia Secretary of State 5 to 10 business days to process all LLC registrations.
West Virginia does offer expedited LLC services. 24-hour – $25, 2-hour -$250, 1-hour – $500.
How do I dissolve my West Virginia LLC?
Does West Virginia have a publishing requirement?
Unlike Nebraska and Arizona, West Virginia has no additional publishing requirements outside of your annual report fee.
Do I need a business operating agreement for my LLC in West Virginia?
The West Virginia Secretary of State does not require you to submit an operating agreement. However, having one on file comes in handy when avoiding future internal disagreements.
Most banks in West Virginia require you to present an operating agreement when doing business banking.
Does West Virginia have a franchise tax?
West Virginia does not impose a privilege or annual franchise tax on LLCs.
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