How to Start an LLC in West Virginia
Last Updated: by the TRUiC Team
To start a West Virginia LLC you'll need to file the Articles of Organization with the West Virginia Secretary of State, which costs up to $100 to file. You can apply online or by mail.
Follow our step-by-step How to Start an LLC in West Virginia guide to get started today.
- Step 1. Name Your LLC in West Virginia
- Step 2. Choose a Registered Agent
- Step 3. File the Articles of Organization
- Step 4. Create an Operating Agreement
- Step 5. Get an EIN
Or Simply use a professional service:
Tailor Brands ($0 + State Fees)
Learn more about LLCs and their benefits in our What is an LLC guide. To form an LLC in any state, visit our How to Set Up an LLC guide.
Starting an LLC in West Virginia Is Easy With These 5 Steps
STEP 1: Name your West Virginia LLC
Choosing a business name is the first and most important step in starting your LLC. Be sure to choose a name that complies with West Virginia naming requirements and is easily searchable by potential clients.
1. Follow the naming guidelines for a West Virginia LLC:
- Your name must include the phrase “limited liability company” or one of its abbreviations (LLC or L.L.C.).
- Your name cannot include words that could confuse your LLC with a government agency (FBI, Treasury, State Department, etc.).
- Restricted words (e.g. Bank, Attorney, University) may require additional paperwork and a licensed individual, such as a doctor or lawyer, to be part of your LLC.
2. Is the name available in West Virginia? Make sure the name you want isn't already taken by doing a name search on the West Virginia Secretary of State website.
To learn more about searching for a West Virginia LLC name, read our full guide.
3. Is the URL available? We recommend that you check to see if your business name is available as a web domain. Even if you don't plan to start a business website today, you may want to buy the URL in order to prevent others from acquiring it.
Find a Domain Now
Now that you have verified your name and secured the URL you may select a professional service to complete the LLC formation process for you. We recommend using a professional service:
- Tailor Brands ($0 + State Fees)
STEP 2: Choose a Registered Agent in West Virginia
Nominating an Agent of Process is an important step in managing your LLC. An Agent of Process is more commonly known as a Registered Agent in other states. If you don't nominate an Agent of Process, the Secretary of State will act as such on behalf of your company, and receive any legal summons that might be served on your business.
What is an Agent of Process? An Agent of Process is an individual or business entity responsible for receiving important tax forms, legal documents, notice of lawsuits, and official government correspondence on behalf of your business. Think of your Agent of Process as your business's point of contact with the state.
Who can be an Agent of Process? An Agent of Process must be a resident of West Virginia or a corporation, such as a registered agent service, authorized to conduct business in the state of West Virginia. You may elect an individual within the company including yourself.
Learn more about the role of an Agent of Process and why you should consider hiring a professional service by reading our What is a Registered Agent article.
Recommended: Northwest provides the first year of registered agent service free with LLC formation ($29 + State Fees)
STEP 3: File Your West Virginia LLC Articles of Organization
To register your West Virginia LLC, you'll need to file Form LLD-1 - Articles of Organization with the Secretary of State. You can apply online, by mail, by fax, by email, or in person.
Qualifying veteran-owned businesses in West Virginia can file the Articles of Organization for free. See the form for a list of qualifications.
Now is a good time to determine whether your LLC will be member-managed vs. manager-managed.
File the Articles of Organization
OPTION 1: File Online With the West Virginia Secretary of State
- OR -
OPTION 2: File Form LLD-1 by Mail, by Fax, by Email, or In Person
State Filing Cost: $100, payable to the West Virginia Secretary of State (Nonrefundable)
One-Stop Business Center
1615 Washington St. E.
Charleston, WV 25311
North Central WV Business Center
200 W. Main St.
Clarksburg, WV 26301
Eastern Panhandle Business Center
229 E. Martin St.
Martinsburg, WV 25401
Fax: (304) 558-8381
For help with completing the form, visit our West Virginia Articles of Organization guide.
If you’re expanding your existing LLC to the state of West Virginia, you will need to form a Foreign LLC.
STEP 4: Create Your West Virginia LLC Operating Agreement
An operating agreement is not required for forming an LLC in West Virginia, but it's a good practice to have one.
What is an operating agreement? An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.
Why are operating agreements important? A comprehensive operating agreement ensures that all business owners are on the same page and reduces the risk of future conflict.
For more information on operating agreements, read our West Virginia LLC operating agreement guide.
Recommended: Download a template or create a Free Operating Agreement using our tool.
STEP 5: Get a West Virginia LLC EIN
What is an EIN? EIN stands for Employer Identification Number. EINs are a nine-digit number assigned by the Internal Revenue Service (IRS) to help identify businesses for tax purposes. It is essentially a Social Security number for a business.
If you are filing your LLC online, getting an EIN is included in the registration process on the WV One Stop Business Portal.
An EIN is sometimes referred to as a Federal Employer Identification Number (FEIN) or Federal Tax Identification Number (FTIN).
Why do I need an EIN? An EIN is required to:
- Open a business bank account
- File and manage Federal and State Taxes
- Hire employees
What if I already have an EIN for my sole proprietorship? The IRS requires that sole proprietorships get a new EIN when converting to an LLC.
Where do I get an EIN? You can get an EIN for free from the IRS. Getting an EIN is an easy process that can be done online or by mail.
FOR INTERNATIONAL EIN APPLICANTS: You do not need a SSN to get an EIN. For more information, read our How to Get an EIN as a Foreign Person guide.
Get an EIN
Option 1: Request an EIN from the IRS
- OR -
Option 2: Apply for an EIN by Mail or Fax
Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999
Fax: (855) 641-6935
Frequently Asked Questions
What is an LLC?
LLC is short for Limited Liability Company. It is a simple business structure that offers more flexibility than a traditional corporation while providing many of the same benefits. For more information, read our What is an LLC guide.
Watch our video: What is an LLC?
How do I name my West Virginia LLC?
You must follow the West Virginia LLC naming guidelines when choosing a name for your LLC:
- Include the phrase "limited liability company" or one of its abbreviations (LLC or L.L.C.).
- Do not use words that could confuse your business with a government agency (FBI, State Department, CIA, etc.).
- Receive the proper licensing when using the words such as lawyer or doctor.
If you are having trouble coming up with a name for your LLC use our LLC Name Generator. That will not only find a unique name for your business but an available URL to match.
After you get your business name, your next step is getting a unique logo. Get your unique logo using our Free Logo Generator.
Do I need to get a DBA or Trade Name for my business?
Most LLCs do not need a DBA. The name of the LLC can serve as your company’s brand name and you can accept checks and other payments under that name as well. However, you may wish to register a DBA if you would like to conduct business under another name.
To learn more about DBAs in your state, read our How to File a DBA guide.
Can I be my own Agent of Process?
Yes. You or anyone else in your company can serve as the agent of process for your LLC.
Read more about being your own agent of process.
Is a Registered Agent service worth it?
Using a professional Registered Agent service is an affordable way to manage government filings for your LLC. For most businesses, the advantages of using a professional service significantly outweigh the annual costs.
For more information, read our article on West Virginia registered agents.
What is the processing time to form my West Virginia LLC?
Immediately after receiving payment online, up to 2 weeks by mail.
What is the difference between a domestic LLC and foreign LLC?
An LLC is referred to as a "domestic LLC" when it conducts business in the state where it was formed. Normally when we refer to an LLC we are actually referring to a domestic LLC. A foreign LLC must be formed when an existing LLC wishes to expand its business to another state.
Read our What Is a Foreign LLC article to learn more.
How much does it cost to start a West Virginia LLC?
The cost to start a West Virginia LLC is $100.
To learn more, read our guide on the cost to form a West Virginia LLC.
Do I need to file my operating agreement with the state?
No. The operating agreement is an internal document that you should keep on file for future reference. However, many states do legally require LLCs to have an operating agreement in place.
How do I get an EIN if I don’t have a Social Security number?
A social security number is not required to get an EIN. You can simply fill out IRS Form SS-4 and leave section 7b blank. Then call the IRS at (267) 941-1099 to complete your application. Learn more here about applying as an international applicant.
What tax structure should I choose for my West Virginia LLC?
When you get an EIN, you will be informed of the different tax classification options that are available. Most LLCs elect the default tax status.
However, some LLCs can reduce their federal tax obligation by choosing the S corporation (S corp) status. To learn more, read our LLC vs. S Corp guide.
Do I need an EIN for my LLC?
All LLCs with employees, or any LLC with more than one member, must have an EIN. This is required by the IRS.
Learn why we recommend always getting an EIN and how to get one for free in our Do I Need an EIN for an LLC guide.
What is the minimum wage in West Virginia?
The minimum wage in West Virginia is $8.75 per hour.
How often do I need to pay employees?
In West Virginia, employers are required to pay employees semi-monthly.
Considering Using an LLC Formation Service?
We reviewed and ranked the top 5 LLC formation companies.
Find out which is best LLC services for you.
Important Steps After Formation
Separate Your Personal and Business Assets
When your personal and business accounts are mixed, your personal assets (your home, car, and other valuables) are at risk in the event your West Virginia LLC is sued. In business law, this is referred to as piercing the corporate veil.
You can start protecting your LLC in West Virginia with these steps:
1. Opening a business checking account:
- Separates your personal assets from your company's assets, which is necessary for personal asset protection.
- Makes accounting and tax filing easier.
Need help finding your EIN for your bank application? Visit our EIN Lookup guide for help.
Recommended: Read our Best Banks for Small Business review to find the best national bank, credit union, business-loan friendly banks, one with many brick-and-mortar locations, and more.
2. Getting a business credit card:
- Helps categorize and separate all business expenses for end-of-year tax purposes.
- Helps build your business credit score — an essential step toward getting a line of credit or business loan in the future.
- Allows you to keep track of department expenses by issuing multiple cards (with multiple budgets) to your employees.
For a closer look at business credit cards and their benefits, check out our review of the best small business credit cards.
Recommended: Visit Divvy to apply for their business credit card and build your business credit quickly.
3. Hiring a business accountant:
- Prevents your business from overpaying on taxes while helping you avoid penalties, fines, and other costly tax errors
- Makes bookkeeping and payroll easier, leaving you with more time to focus on your growing business
- Manages your business funding more effectively, discovering areas of unforeseen loss or extra profit
Recommended: Find out how much you could be saving today by trying our recommended accounting service.
For more business accounting tools, read our guide to the best business accounting software.
Get Business Insurance For Your West Virginia LLC
Business insurance helps you manage risks and focus on growing your LLC. The most common types of business insurance are:
- General Liability Insurance: A broad insurance policy that protects your business from lawsuits. Most small businesses get general liability insurance.
- Professional Liability Insurance: A business insurance for professional service providers (consultants, accountants, etc.) that covers claims of malpractice and other business errors.
- Workers' Compensation Insurance: A type of insurance that provides coverage for employees’ job-related illnesses, injuries, or deaths. In West Virginia, businesses with one or more employees, including LLC members and corporate officers, are required by law to have workers' compensation insurance.
Ready to Protect Your Business?
Get the protection you need with a dedicated small business insurance provider. Find out how much insurance will cost you by getting a quote from our partners at Next Insurance.
Read our review of the best small business insurance companies.
Create Your Business Website
Creating a website is an important step in legitimizing your business. Every business needs a website if you want your customers to find you.
Recommended: Get started today using our recommended website builder or check out our review of the Best Website Builders.
Send Out a Press Release
Press releases are among the easiest and best ways to promote your business. They are also one of the most cost-effective strategies as they:
- Provides publicity
- Establish your brand presence on the web
- Improve your website’s search engine optimization (SEO), driving more customers to your website
- Are a one-time cost in terms of effort and money
- Have long-lasting benefits
Read our review of the best press release services.
Keep Your Company Compliant
West Virginia Business Permits & Licenses
Do I need business licenses and permits?
To operate your West Virginia LLC, you must comply with federal, state, and local government regulations. For example, restaurants likely need health permits, building permits, signage permits, etc.
The details of business licenses and permits vary from state to state. Make sure you read carefully. Don't be surprised if there are short classes required as well.
Fees for business licenses and permits will vary depending on what sort of license you are seeking to obtain.
Find out how to obtain necessary West Virginia business licenses and permits for your LLC or have a professional service do it for you:
- Business License Guide: Use our detailed West Virginia Business License guide.
- Federal: Use the U.S. Small Business Administration (SBA) guide.
- State: Use the Business for West Virginia page.
- Local: Contact your local county clerk and ask about local business licenses and permits.
Recommended: If you are a first-time entrepreneur, consider having a professional service research your business’s licensing requirements. Read our best business license services review on Startup Savant.
West Virginia LLC Tax Filing Requirements
In order to keep your business in good standing, it's important to stay up to date on your West Virginia LLC taxes.
Depending on the nature of your business, you may be required to register for one or more forms of state tax.
If you are selling a physical product, you’ll typically need to register for a seller's permit through the West Virginia State Tax Department.
This certificate allows a business to collect sales tax on taxable sales.
Sales tax, also called "Sales and Use Tax," is a tax levied by states, counties, and municipalities on business transactions involving the exchange of certain taxable goods or services.
Read our West Virginia sales tax guide to find out more.
If you have employees in West Virginia, you will need to register for Unemployment Insurance Tax through the West Virginia Department of Commerce. You will also need to sign up for Employee Withholding Tax through the West Virginia State Tax Department.
Register for West Virginia State Taxes
Federal LLC Tax Requirements
Most LLCs will need to report their income to the IRS each year using:
- Form 1065 Partnership Return (most multi-member LLCs use this form)
- Form 1040 Schedule C (most single-member LLCs use this form)
How you pay yourself as an owner will also affect your federal taxes. Visit our guide to learn more about how to pay yourself from your LLC.
Read our LLC Tax Guide to learn more about federal income taxes for LLCs.
File Your LLC Annual Report
West Virginia requires LLCs to file an annual report with the Secretary of State.
File your Annual Report
File Online with the Secretary of State
Fee: $25 (Nonrefundable)
Due Date: Due by July 1st
Late Filings: West Virginia charges a $50 penalty for late filings. In addition, West Virginia can administratively dissolve LLCs for failure to file an annual report.
Avoid Automatic Dissolution
LLCs may face fines and even automatic dissolution when they miss one or more state filings. When this happens, LLC owners risk loss of limited liability protection. A quality registered agent service can help prevent this outcome by notifying you of upcoming filing deadlines and by submitting reports on your behalf.
Recommended: ZenBusiness offers a reliable registered agent service and excellent customer support. Learn more by reading our ZenBusiness Review.
If you plan to hire employees, stay compliant with the law by following these steps:
- Verify that new employees are able to work in the US
- Report employees as "new hires" to the State
- Provide workers' compensation insurance for employees
- Withhold employee taxes
- Print workplace compliance posters and place them in visible areas of your workspace
Get more information at Workforce West Virginia.
Recommended: Check out our Hiring for your Small Business Guide for resources like sample job descriptions, payroll service reviews, and more.
Small Business Resources
Get Help Starting a Business in West Virginia
We understand that creating an LLC in West Virginia and getting your business up and running comes with many challenges. To help you succeed, we compiled the best local resources in every major metro area in West Virginia. You can get free assistance in the following areas:
Beckley | Charleston | Huntington | Martinsburg | Morgantown
State of West Virginia Quick Links
More West Virginia LLC Information
West Virginia Foreign LLCs
Forming a foreign LLC allows your company to operate as one entity in multiple states. If you have an existing LLC and want to do business in West Virginia, you will need to register as a foreign LLC. This can be done online or by mail.
Register as a Foreign LLC in West Virginia
OPTION 1: File Online with the Secretary of State
- OR -
OPTION 2: File by Mail
Fee: $150 Payable to the Secretary of State (Nonrefundable)
How to Obtain a Certificate of Good Standing in West Virginia
A Certificate of Good Standing, known in West Virginia as a Certificate of Existence, verifies that your West Virginia LLC was legally formed and has been properly maintained. Several instances where you might need to get one include:
- Seeking funding from banks or other lenders
- Forming your business as a foreign LLC in another state
- Obtaining or renewing specific business licenses or permits
You can order a West Virginia Certificate of Existence online, by mail, by email, by fax, by phone, or in person.
Order a Certificate of Existence
OPTION 1: Order Online With the Secretary of State
- OR -
OPTION 2: Order by Mail, by Fax, by Phone, or In Person
Fee: $10 (Nonrefundable)
West Virginia Secretary of State
One Stop Business Center
Attn: Business Division
1615 Washington St. East
Charleston, WV 25311
Phone: (304) 558-8000
Fax: (304) 558-8381
How to Dissolve an LLC in West Virginia
If at any point in the future you no longer wish to conduct business with your LLC, it is important to officially dissolve it. Failure to do so in a timely fashion can result in tax liabilities and penalties, or even legal trouble. To dissolve your West Virginia LLC, there are two broad steps:
- Close your business tax accounts
- File the Articles of Dissolution
When you are ready to dissolve your LLC, follow the steps in our West Virginia LLC Dissolution Guide.