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Frequently Asked
Questions About
Starting a West Virginia

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If you're starting a business within West Virginia, you're probably well aware that it's a spectacularly beautiful state. Bathed in scenic mountainous beauty and overflowing with outdoor recreation opportunities, West Virginia has a lot to offer everyone. However, when you're forming an LLC in West Virginia, there's no doubt that you'll have a lot of questions. We've gathered many of the most frequently asked questions to help you hit the ground running with your West Virginia LLC. From registering your company with the state of West Virginia, to business licenses and business franchise taxes, we’ve got you covered. We’ve answered these questions below and linked extensively to our guides, tools and other services, which makes everything streamlined and simple.

How Do I Decide What the Best Legal Structure Is for My Business?

There are several different options when it comes to forming a business in West Virginia. From a legal perspective, there are three main types of West Virginia for-profit business entities: LLCs, S Corporations or C Corporations. At Bizee, we believe an LLC provides the right mix of liability protection and ease of administration for many entrepreneurs.

What Do I Need to Start a Business in West Virginia?

In order to form an LLC in the state of West Virginia, there are some minimum requirements you must meet. These are a completed set of Articles of Organization, a business name and a fee you pay to the WV Secretary of State. We recommend taking some additional steps before formally starting your LLC:

After you’ve formed your West Virginia LLC, you will also need to review your business license requirements, understand ongoing filing needs, set up a separate business bank account and get an accountant.

How Do I Register a Company in West Virginia?

In West Virginia, you register a business by completing and filing your Articles of Organization with the West Virginia Secretary of State. You will need to gather information about your business, fill out the form and send it to the Secretary of State with your filing fee. This will formally create your LLC in West Virginia.

You can file your Articles of Organization on the Secretary of State website or mail it in. Alternatively, Bizee can guide you through every step of the process by getting details from you and filing the form on your behalf — for free! There’s no additional charge for our basic LLC filing service, so all you need to do is pay the West Virginia state filing fee.

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How Much Does It Cost to Form a West Virginia LLC?

At the time of writing the fee charged by the West Virginia Secretary of State is $100. You can always check the latest West Virginia filing fees here. You can also pay an additional $25, $250, or $500 for expedited filing through Bizee, which will create your LLC faster. The amount of the expedited fee is dependent on how quickly you want your filing processed. Some LLC filing services do charge you extra to prepare and submit your filing documents, but at Bizee, we do this for free — so you only pay the state fee.

How Long Does It Take to Form an LLC in West Virginia?

Once you’ve gathered all of your information together and filed your Articles of Organization (or had Bizee do it for you), it can take 5-10 business days for the West Virginia Secretary of State to legally create your LLC. If you pay an additional $50, $250, or $500 expedited fee, your LLC can be formed in as little as 24 hours, 2 hours, or 1 hour, respectively.

How Do I Perform a West Virginia Business Search?

The name of your West Virginia LLC needs to be unique, so you’ll need to check if it’s already being used by another business. You can do that via the West Virginia Secretary of State website, or by using our fast and simple Business Name Search tool.

Is Your Business Name Available in Your State?

Find out using Bizee’s Business Name Search Tool.

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Trying to Come Up With a Creative Business Name?

Try Bizee’s Business Name Generator to brainstorm ideas.

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How Do I Register a Business Name in West Virginia?

There are a few ways to register your West Virginia LLC name.

  • If you’re creating a new business and your business name is unique in West Virginia and meets state naming rules, you simply include it in your Articles of Organization.
  • If you want to change the legal name of your business, file an Amendment with the Secretary of State.
  • If you just want to do business under a different name, file a Trade Name Registration with the West Virginia Secretary of State, or have Bizee do that on your behalf.

If you want to prevent people from using your business name across the U.S., you can file a trademark for the name. We can help.

What Are West Virginia Articles of Incorporation?

In other states, the formal documents that you file to form a corporation or LLC might be known as Articles of Incorporation. In West Virginia, this document is called your Articles of Organization, and it performs the same functions as the Articles of Incorporation.

Does West Virginia Have Series LLCs?

No, the State of West Virginia does not allow the formation of a Series LLC. A Series LLC is a special type of LLC where you create one “overall” business and then have individual, series LLCs within it, each counted as separate legal entities.

Do I Need a Registered Agent for My West Virginia LLC?

Yes, all legal business entities in West Virginia, including LLCs, must have a Registered Agent at all times. Here at Bizee, we provide a free West Virginia Registered Agent service for the first year if you file through us.

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Registered Agent

How Do I Change a Registered Agent in West Virginia?

If you wish to change your West Virginia Registered Agent you can do so by filing a Statement of Change with the Secretary of State. Here at Bizee, we provide a free West Virginia Registered Agent service for the first year if you file through us. If you’ve been using a different Registered Agent and want to switch to us, we’ll file the Statement of Change on your behalf.

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How Do I Perform a West Virginia Registered Agent Search?

If you need to know the Registered Agent of a specific West Virginia business, you can perform a West Virginia Registered Agent search within the state's business database.

What West Virginia Business Taxes Do I Need to Pay?

As an LLC, any business profits you earn will be reported on your personal 1040 filing and reported and taxed as “pass-through” income. You will typically need to pay:

  • Self-employment or payroll tax on all business profits
  • Federal income tax on profits after you meet your tax-free allowance
  • Sales tax for selling taxable products and services

What Businesses Need to Pay West Virginia Sales Tax?

West Virginia charges a 6 percent state sales and use tax on all retail sales, leases and rentals of most goods. You will also need to pay sales tax if you provide a taxable service. In West Virginia, all sales of goods and services are presumed subject to sales and use tax unless an exemption is clearly provided. You can find a list of exemptions here.

How Do I Get a West Virginia Sales Sales Tax ID?

You will need to register your business with the West Virginia Tax Division. You can complete this process online.

How Do I Calculate West Virginia Sales Tax?

The base rate for West Virginia sales tax is 6 percent, and there may be additional sales tax depending on your region, county or city. Once you know your overall sales tax amount, calculate the value of all your taxable products and services. Then, multiply that by your sales tax rate to understand how much you will need to pay.

When Is West Virginia Sales Tax Due?

Once your LLC’s sales tax registration is complete, you will receive information with instructions on how often you must file a sales tax return and pay sales taxes. Returns and payments may be due monthly, quarterly or annually.

What Do I Need to Know About West Virginia Franchise Tax?

Some businesses will need to pay a corporate franchise tax in West Virginia, however it does not apply to LLCs unless your LLC is treated as a C Corporation for tax purposes.

Do I Need a License to Do Business in West Virginia?

If you're planning to own and operate a business in West Virginia, you'll likely need a business license in order to remain compliant. The types of business licenses you need will vary depending on your type of business, industry, location and various other factors. We can research the types of business licenses you might need for you.

We hope you’ve found this West Virginia LLC FAQ useful. If you’ve used our services and have a question that isn’t answered here, let us know and we’d be happy to help.

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