Registering a Business in West Virginia
1. Name Your West Virginia Business
For many, naming a new business is a daunting task. The name should be notable, letting the public know all that you have to offer. A powerful name, however, is much more than that. It is a branding tool, offering an inside look at your organization’s mission and vision for the future. The right name can help set you up for long-term success; the wrong name can help sink a ship before it even gets in the water.
Brainstorming Your Name
While many entrepreneurs are tempted to rush through the naming process, you should take as much time as you need to explore all naming possibilities. Take several brainstorming sessions and use the free online business tools available today to help come up with a number of possibilities, narrowing down your options as you go.
Our business name generator is an excellent, industry-specific brainstorming tool that will not only assist you in coming up with the perfect name, but it automatically checks domain name availability as well. If you’re still not sure where to start, our naming guide can help you define your brand and offers practical tips to utilize doing your brainstorming sessions.
West Virginia Name Search
You can check with the West Virginia Secretary of State’s business organization search tool or conduct a name availability phone search to verify that your name is available. You also want to check to make sure that your name isn’t too similar to that of any other business in your state. This will help avoid confusion and potential legal hassles down the road.
Once you have come up with a name that accurately represents your brand, it’s time to start legitimizing your business. These next steps will vary depending upon your business structure and your state’s legal requirements. We will go over the different business structures in the next section.
If you decide to use a “doing business as” (DBA) name, known as a trade name in West Virginia, our DBA guide will help ensure you are properly registered on a state, county, and/or city level. There are several benefits to registering your trade name with the state. It offers a layer of protection against other West Virginia businesses, proves your company’s legitimacy, and may be required by some vendors, banks, and lenders.
2. Choose a Business Structure for Your West Virginia Business
Now that you have chosen the appropriate name for your brand, it is time to start the process of legalizing your business. Before you begin the registration process, you will need to determine which business structure best fits your needs. Each comes with its own set of advantages, disadvantages, and tax benefits.
A sole proprietorship is the most unambiguous of all business structures. This informal entity was designed for entrepreneurs who do not plan to have any business partners. It does not offer any personal asset protection, but does require filing with the State Tax Department.
In West Virginia, you can operate your sole proprietorship under your surname, or you can file for a trade name with the state. There is no cost to register a DBA in West Virginia for a sole proprietorship, and it does not need to be renewed.
Much like a sole proprietorship, a general partnership is an informal entity designed for entrepreneurs who are entering a partnership with at least one other person. The business can operate under you and your partners’ surnames, or you can acquire a DBA name. The profits and losses would be claimed under your (and your partners’) personal tax return, and there is no personal asset protection.
In West Virginia, all partnerships (including general partnerships, limited partnerships, and limited liability partnerships) must file official paperwork with the state along with a filing fee. General partnerships must file with the State Tax Department, while other partnerships file with the Secretary of State.
If you do not plan to go public in the next few years, a limited liability company (LLC) may be the best fit for you. It offers more flexibility and protects your personal assets in the event of a lawsuit.
The State of West Virginia requires that all LLCs appoint an agent for service of process (also known as a registered agent) who will accept legal documents on behalf of the organization. Your agent for service of process must be a qualified resident of West Virginia or a corporation that is authorized to conduct business in West Virginia. Many new LLCs elect to appoint a registered agent service, which costs between $39 and $300 annually.
West Virginia also requires you to follow certain naming requirements and file the Articles of Organization, which provides key details about your company.
A corporation is a business entity designed for those who have (or plan to have) shareholders. So, if your future plans include going public, this may be the best option for you.
Like LLCs, corporations must appoint an agent for service of process to accept paperwork in case of legal disputes, compliance documents, and government correspondence on the organization’s behalf. Also like an LLC, your agent for service of process can be a professional service, a business entity, or an individual.
In addition to getting an agent for service of process, you will also need to file the Certificate of Incorporation with the state.
Recommended: Read our full guide on choosing a business structure.
3. Determine if You Need to Register Your Business in West Virginia
Once you have determined your formal business structure and registered your new business name, you will want to check with your state to determine the business registration requirements. Each state has its own set of guidelines, and you must follow them precisely.
West Virginia is unique in that sole proprietorships and general partnerships must officially register with the state. All entities must apply for a Business Registration Certificate with the State Tax Department.
Additionally, some businesses (e.g., sole proprietorships and single-member LLCs that don’t have employees) are not required to register and file for a Tax ID Number, also known as an Employer Identification Number (EIN), with the IRS. Even if this is not a requirement for your business, you will want to consider registering anyway as there are several legal and tax benefits.
Even if you aren’t required to register your business, note that registering an LLC comes with an abundance of legal and financial benefits. As a sole proprietorship or a partnership, your business debts are considered personal debts. This means that your personal assets can be seized in the event of a lawsuit. LLCs offer personal protection, legally protecting your personal assets and limiting your personal liability.
In addition to this personal protection, LLCs enjoy several other benefits, including:
- Flexibility in profit distribution, decision-making, and business management
- “Pass-through” taxation, which allows for the LLC’s income and expenses to pass through to the owners’ personal income tax returns with no restrictions regarding the number and type of owners
- Limited requirements regarding annual meetings, paperwork, and record-keeping
If you lack the time and/or knowledge needed to form your new LLC, there are a number of reputable LLC filing services that will help you launch your business. Because we understand how challenging it can be to sift through the dozens of available options, we have reviewed and ranked the five best LLC filing services. Our LLC service review offers a side-by-side comparison of each, ensuring you partner with a service that saves you both time and money.
4. Register for Taxes for Your Business in West Virginia
The IRS uses EINs as a way to distinguish businesses for tax reporting. All businesses with employees are required to have one. Our EIN guide will help you determine your business structure’s EIN requirements and walk you through each step in the process.
Once you have your EIN, you will need to register for employer taxes, which include withholding tax and unemployment insurance tax. Businesses selling tangible items and/or taxable services must register for and collect state sales tax.
Your new business may be subject to additional state and local business taxes, including excise taxes and fuel taxes. For a full list of tax registration requirements, visit the West Virginia State Tax Guide.
5. Obtain Permits and Licenses for Your West Virginia Business
Licensing and permit requirements from the State of West Virginia vary based on your location and industry. For example, a dental office may need to apply for licenses with the state’s Board of Dentistry. The West Virginia One Stop Portal offers a full list of professional licensing requirements, applications, and forms.
Additionally, some companies are regulated under a federal agency and require federal licenses and/or permits. For instance, a liquor manufacturer would be subject to rules and guidelines created under the FDA. You can learn more about federal permit requirements and fees by visiting the Small Business Administration (SBA) website.
To assist you in determining your federal, state, and county license and permit requirements, we have developed a business license search. To use this free guide, simply choose your state from the dropdown menu, and you will be redirected to a list of everything you will need to consider when launching a business in the state of West Virginia.
Still feeling uneasy about the process? We’ve also compiled a list of our top five business license services that can help you get set up and ensure your business meets all compliance requirements.