How to Form an LLC in West Virginia? Start a Business in West Virginia (WV)
How to Form an LLC in West Virginia?
Need a Professional Service to Form an LLC in West Virginia?
Here are the Best Professional Services we’ve picked for you to get started:
IncFile ($49 + State Fee)
LegalZoom ($149 + State Fee)
Have you been trying to find the best service to register an LLC in West Virginia not long? Our thorough article covers “How to Form an LLC in West Virginia?” and outlines the best business opportunities available in West Virginia to get your business in full swing as quickly as possible. Even if you want to run a West Virginia LLC Search (LLC Name Lookup) in order to find whether or not the name that you want for your LLC is available, we are here at your service providing you with the same.
West Virginia’s abbreviation is WV. So, no matter whether you search for WV or West Virginia, it will mean the same and we are here to help you get your Business in WV on this page.
This step-by-step approach will help you form an LLC in West Virginia which will keep you at ease by giving you a hassle-free experience.
This is a five-fold process.
Let’s begin:
Start a Business in West Virginia (5 Steps)
Getting an LLC in West Virginia could be a pain in the neck, especially when you have no idea about the location of the best services located in West Virginia. But, you don’t need to feel lost since we are here to guide you through a step-wise technique that will keep you out of the woods.
Let’s get started by getting to understand “How to Form an LLC in West Virginia?” below:
How to Name an LLC in West Virginia?
How to Get a Resident Agent in West Virginia?
How to File the Articles of Organization?
How to Set up an Open Agreement in WV?
How to Get an EIN for West Virginia LLC?
Step #1: Name your LLC in West Virginia
The very first thing you will be required to do is name your LLC in West Virginia by complying with the state laws. What you need to make sure is that your LLC name complies with the naming requirements and is easy to get to when interested clients search for it. You will need to be in line with the subsequent guidelines to get an LLC in West Virginia:
Naming Guidelines
- Your West Virginia business license or company name must include “LLC” or “L.L.C.” or its full form – “Limited Liability Company”.
- Your company name cannot include a word that confuses it with a government agency, for example, FBI, State Department, or Treasury.
- There are some restricted words and using them in your LLC name will require you to do additional paperwork and you will also need a licensed individual such as a lawyer or a doctor to be part of your LLC.
- Please be aware of all West Virginia’s Naming Guidelines in order to be sure of what to do and what not to by using the state website of West Virginia.
Availability
- West Virginia LLC Search: Is your LLC name available in West Virginia? Are you sure that the name you want for your business is available in this state? You have to be sure of the availability of your LLC name because naming your Business is a critical component. To do so, you can execute an LLC name search on the state’s website.
Name Reservation
- Are you afraid that someone is going to use the name you have decided for your business or LLC in West Virginia? Reserving the name is the next thing you might consider doing to make sure that only you get that name by putting a request for it either online or by mail. This needs to be done with the West Virginia State website. You may be required to pay a fee to do this.
Online Presence
- Is the domain name of your LLC in West Virginia available? Branding is an important factor in the success of a business nowadays. Therefore, you should also run a search on whether a website domain for your LLC name is available or not. Can you imagine someone using an exact URL of your business name? No, you can’t!
Professional Email
- We know buying a website domain is a big deal but it is not everything, you will also need to buy a professional email service that matches your LLC name, for example, owner@llcname.com. To get a professional email service, we recommend that you should Google’s G Suite, and if you are not sure, you can try it for free using the free trial.
FAQs:
What is an LLC?
The LLC is an abbreviation of a Limited Liability Company. It is a business entity or a structure that offers more flexibility in business than a traditional company. Forming an LLC in West Virginia the right way is extremely important, and therefore, we suggest you buy a professional service to help you do it.
Will I need to get a DBA or Trade Name for my LLC?
If you own an LLC, you may not need a Doing Business As (DBA) as most businesses don’t. If you want that you are able to accept checks and payments under your LLC name, you can do so easily. However, if you want to do so under another business name, you will need to get a DBA for your business. For more information regarding “How to Form an LLC in West Virginia?” please continue reading.
Step #2: Get a Registered Agent in West Virginia
Choosing a Registered Agent or Statutory Agent or Resident Agent in your state i.e. West Virginia is the next thing you are required to do because most of the businesses need a Registered Agent to get going and you can use services like IncFile to get a free Registered Agent for the first year if you can’t afford the Registered Agent fee in the beginning.
FAQs:
What is a Registered Agent?
A Registered Agent or Resident Agent or Statutory Agent is a type of business entity that helps businesses in different areas like filing legal documents or receiving them on behalf of your business. Your registered agent can be taken for granted as a business’ point of contact with West Virginia.
Who can be a Registered Agent?
A Registered Agent can be located in the same state where your business or LLC is situated. Hence, the registered agent must be based in West Virginia – the place where your business is.
Can I become an Agent for Service of Process on my own?
Yes. You or anyone in your company can become a Statutory Agent! However, while you do that, be mindful of the rules and regulation to comply with.
Where can I find a Registered Agent?
There is a vital role of a Registered Agent in the ultimate success of a business and keeping it that way. Electing a Registered Agent requires some knowledge. But, there is no need to worry since you can get a free Registered Agent service for one year using IncFile, in addition to LLC formation.
Try IncFile = $49 + State Fees
Step #3: File the West Virginia Articles of Organization
For the LLC registration, you will be required to file the Articles of Organization, but make sure that your business is in line with the state of West Virginia. The registration can be done with the help of Secretary of State.
Furthermore, at the time of filing, you will need to make it clear that whether you want a member-managed LLC or manager-managed LLC. If you wish to know the difference between the two, please read out FAQs.
How to File the West Virginia Certificate of Formation?
Looking forward to filing the Articles of Organization? Below is the easy-to-follow guide that will give you the satisfaction you crave for starting an LLC in West Virginia (WV).
If you are not interested in doing it online, you can do this by mail below:
FAQs:
What is the State Filing Cost?
You will need to pay $100 which is nonrefundable.
What is the processing time?
If you do it online, it gets done immediately after the payment has been made, and if you do by mail, it will take around 10 to 15 days.
How do domestic and foreign LLC differ?
If your LLC is doing business in the same state where it is formed, your LLC will be referred to as a “domestic LLC”, whereas, if you are willing to expand your existing LLC to another state, then it will be known as a “foreign LLC”.
What is the difference between Member-managed and Manager-managed?
A member-managed LLC is a business in which all members have the right to participate in the decision-making process. On the contrary, a Manager-managed company will voluntarily cease the authority of the members of the company.
Step #4: Create a West Virginia LLC Operating Agreement
In West Virginia, creating an Operating Agreement is not obligatory, however, our suggestion is that you should do it to enjoy futuristic conveniences.
What is the Operating Agreement?
It is a legal document and what it does is that it summaries the ownership and the operating procedure of your business or LLC.
Why do I need to have an Operating Agreement?
This is really important in your business formation, especially while setting up the Operating Agreement as it reduces the risk of future conflicts. It outlines that all of the business owners are thinking in the same manner or are in the same agreement.
FAQs:
Do I need to file an Operating Agreement in the state?
No. There is an internal document that you need to set aside for future references. However, some states make it obligatory for LLCs to file an Operating Agreement. Therefore, find out what laws apply in your state regarding the Operating Agreement by using the State Website.
Step #5: Get a West Virginia EIN
Next, what you are supposed to do is acquire an EIN which stands for Employer Identification Number. This is used for the identity of your business and also known as the Federal Tax Identity Number. You must be thinking about why we are encouraging you to get an EIN for your LLC, aren’t you? Well, the answer is laid out below:
Why your West Virginia (WV) LLC needs an EIN:
With EIN, you can do the following:
- Open business bank account for your company
- Use it for State tax and federal purposes
- It will be useful while hiring employees for the company
Where can I get an EIN?
Getting an EIN for your business may be challenging without the guidance, but with our assistance, it will be a piece of cake. You will need to get it from the International Revenue Service (IRS) and the good news is that you don’t have to pay anything for that.
Step-wise Method of Getting an EIN:
There are two ways to get an EIN for your business in West Virginia (WV): Online and by Mail or Fax.
By Mail or Fax:
If you grabbing an EIN for your LLC in West Virginia (WV) is not your cup of tea, perhaps, you would like doing it by Mail or Fax and below is how you can do that:
Having filled out the form, it needs to be sent to the following mailing address or fax it:
Mailing Address:
Internal Revenue ServiceAttn: EIN OperationCincinnati, OH 45999
Fax:
(855) 641-6935
FAQs:
Is there a fee to get an EIN?
No, it is free!
I need an EIN, but I don’t have an SSN. What to do?
If you want to get an EIN, the Social Security Number is not required. All you need to do is fill out a form – “IRS Form SS-4” and leave the section i.e. “7b” blank. After that, you will need to call IRS at 267-941-1099 for the completion of the application.
What structure do I need to choose for my LLC?
While getting an EIN, you will be presented with a variety of options for the tax classification. But, most of the LLCs elect to go with the default tax status. If you choose S-Corporation, you may have an opportunity to decrease the federal tax obligation. We, therefore, highly suggest that you consult a local accountant in order to find out which one is the best choice for you.
I’m not a U.S. citizen and don’t have an SSN, can I still can an EIN?
Yes, you can! Just download the form above and follow the instructions.
Keeping your LLC Compliant in West Virginia
In the end-to-end process of forming your LLC in West Virginia, it is also important to understand whether or not your company is complying with the business permits and licenses and other rules and regulations of the state.
Will I need West Virginia LLC/Business License and Permits?
Forming an LLC in West Virginia is a good choice if you are interested, however, make sure that your LLC is along the lines of Federal, Local Government and State regulations.
The licenses and permits are likely to be different from state to state. So, be mindful of what permits and licenses you to need in accordance with the state law. We don’t want you to come unglued and therefore suggest you consult the professional service in this regard.
- Local: For local licenses and permits, please contact a local clerk and learn more about it.
- State: We recommend that you check out West Virginia’s “Business for West Virginia” website to know more about the licenses and permits you will need to run your business in West Virginia.
- Federal: If you are on the lookout for the federal licensing and permits, please read a thorough guide on U.S. SBA.
If you are not sure how you can do this, find out a professional service to do this for you.
West Virginia LLC Tax Prerequisites
Are there any Tax requirements in the West Virginia state? If so, what are they? You might be in need of registering for one or more forms of state tax and this may differ depending on what type of business you have in West Virginia.
Here’s a quick review of the Taxes you are likely to register for:
- Sales Tax: If your business is about the selling of physical products, the registration for a seller’s permit will be required for your LLC or Business in West Virginia. If you want to have the privilege of doing business in West Virginia, sales tax is the tax on sellers for doing that. The “Sales and Use Tax” is levied by cities, counties, and municipalities. The rates may differ based on the type of your LLC and the location.
- Employer Taxes: If you have employees in West Virginia, then you will be required for the registration for “Unemployment Insurance Tax” through the Department of Commerce of West Virginia and Employee Withholding Tax that you can effortlessly do with the help of West Virginia’s State Tax Department.
West Virginia LLC Federal Tax Requirements
This one is about “Federal Tax” which we discussed earlier briefly. Most of the LLCs file a written report of the income to the IRS every year using the following:
Form 1065 Partnership Return: Most of the people running a multi-member LLC make use of this form.
Form 1040 Schedule C: People running a single-member LLC prefer using this form.
File West Virginia LLC Annual Report
You will be meant to file an Annual Report with the Secretary of State. To learn how to file this report, please check out the following step-wise guide:
FAQs: Filing Report
How much will it cost?
You will be meant to pay $25 which is nonrefundable.
What is Due Date?
The Report is due by July 1st.
Is there a Penalty for Late Filings?
In case you miss out on the fling, you will be charged a fee of $50, furthermore, West Virginia may dissolve your LLC if you don’t pay your annual report.
Avoid Automatic Dissolution
Do you want to avoid all types of fines and run your LLC as smoothly as possible? Get rid of the fear of your LLC termination (dissolution) by being up-to-the-minute of the state filings. Get a registered agent to get reports submitted on your behalf and never miss out on any deadline of upcoming filings. All of this can be handled professionally by a Registered Agent which most of the LLCs need to run a business.
- We recommend that you should use IncFile for getting a Registered Agent free for the first year and eradicate the fear of missing out on the upcoming important filing deadlines.
Make your Business (LLC in West Virginia) Run Smoothly
This step is significant because only forming and filing taxes for your LLC is not enough. You also have to make sure that you get the smooth running of your LLC in West Virginia. Whether you are starting a business or two, getting a professional account and hiring the right employees for your LLC is one of the important factors that will help your business be in the good run.
Streamlining these approaches will not only be time-saving but also be cost-effective as your LLC grows.
Here’s how to do this:
Recruiting Employees
Your LLC will grow if you have hired good employees and take care of them by giving them impressive wages on time. To recruit them, you will need to be mindful of the state laws.
Therefore:
- Make sure that the employees are able to work with you in the U.S.
- You will need to report employees as “new hires” to the state.
- Deliver worker’s compensation insurance for the hired employees
- You will need to withhold Employees Taxes
- Understand the compliance and place their posters in the noticeable areas of your workspace
For more, please log on to the website of West Virginia Workforce Department.
FAQs:
Which Payroll service should I get?
In order to have all of your needs met, you can get a payroll service like Gusto.
What is the Minimum Wage in West Virginia?
All of the employees in West Virginia must be paid $8.75 per hour by the employer.
How frequently do I need to pay my Employees?
The employees must be paid semi-monthly.
Getting your West Virginia LLC a Professional Accounting
Having a professional account for your Business is as important as hiring employees. Therefore, it is important that you get a well-managed accounting system to handle the books of your LLC because you don’t want to run into future problems even if you haven’t officially opened for the business yet. The professional accounting service will be helpful for your LLC.
With a Professional Accounting Service, you can:
- Keep track of your Income, Expenses, Bills, Finances and a lot more.
- Make your annual tax filings as easy as possible
For this service, you are going to need software that matches your needs. Therefore, it is also crucial that the software you choose has the features to meet your requirements.
You should look for software that:
- You can access anytime, from anywhere
- Can help you match the purchase orders, bills or transactions
- Works in synchronization with your bank automatically
Which Accounting Service should I choose?
There are two professional services that we recommend you to choose from for making your tax filing, accounting, bookkeeping, etc., easier:
$95 Per Month
$99 Per Month
Bottom Line on “How to Form an LLC in West Virginia?”
Getting an LLC in West Virginia could be a bane of your existence, especially when you don’t have any idea about the ins and outs of the formation guide. That’s why we decided to help you with a step-by-step guide on “How to Form an LLC in West Virginia?” so that you don’t get any interruptions in the endways procedure, from formation to make sure that you will be running your business smoothly.
We’ve collected some best local resources in major metro areas of West Virginia below so that you can easily get the free assistance for your business or LLC:
Martinsburg | Beckley | Huntington | Charleston | Morgantown
How to Dissolve an LLC in West Virginia?
The reason why it is important to officially close an LLC in West Virginia is that you will be safe from all those tax liabilities and penalties that businesses face when you don’t do the proper dissolution.
There are be a time when you no longer wish to continue your business in West Virginia and there could be many reasons for it, such as:
- Business is earning the expected income as it should
- People are no longer interested in the product or service you are selling
If you are concerned about “How to Dissolve an LLC in West Virginia?”, we can help you with that.
The dissolution requires the following 2 steps:
- Closing your Business Tax Accounts
- Filing the Articles of Dissolution
You can log on to West Virginia’s official website of State to know more about the guidelines for the Dissolution of Company.
Need to start LLC in another State?
Did you jump to this article by mistake or you are looking forward to forming an LLC in another state of America? We can help you start your LLC in any state of America no matter the challenges. Take a glance at the state-wise LLC formation through the links attached to this wide-ranging article below:
Start an LLC in:
Alabama | Alaska | Arizona| Arkansas| California| Colorado | Connecticut | Delaware | Georgia| Florida|Washington | Hawaii | Idaho | Illinois | Indiana | Iowa
About the Author BestLLC
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