VIRGINIA

Why Form a Limited Liability Company (LLC)?


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The Business Taxes Your VA LLC Will Need to Pay

There are a wide variety of business taxes that your Virginia LLC will need to pay. These include tax that’s payable to the Virginia government, like Virginia sales taxes and Virginia state tax. You will also need to pay federal, self-employment and possibly payroll tax to the IRS.

If you want help with your taxes, Incfile provides a complete Business Tax Filing service.

How Your Virginia LLC Will Be Taxed

The profits of a Virginia LLC are not taxed at the business level like those of C Corporations. Instead, taxes for a Virginia LLC work as follows:

  1. Virginia LLC owners pay self-employment tax on business profits

  2. Virginia LLC owners pay VA state tax on any profits, less state allowances or deductions

  3. All LLC owners pay federal income tax on any profits less federal allowances or deductions

  4. Some VA LLCs pay Virginia sales tax on products

  5. Employers pay payroll tax on any salaries they pay to employees

  6. Employees pay federal, state and payroll tax on their earnings

Items 1, 2 and 3 are taxed as “pass-through” income for any LLC owners, managers or members who receive profits from the business. Any profits are reported on federal and Virginia personal tax returns, and that’s where you will pay those taxes.

Virginia Business Taxes Payable to the VA Government

There are two main types of tax that you will pay to the Virginia Department of Taxation: Virginia state income tax and Virginia state sales tax.

Virginia State Income Tax Payable on LLC Earnings

As a Virginia business owner, you will need to pay VA state tax on any money you pay to yourself. These earnings flow through to your personal tax return, which is where you will pay Virginia income tax. You will be taxed at the standard rates for Virginia state taxes, and you will also get to apply regular allowances and deductions.

Any salaried employees will also need to pay personal Virginia state taxes.

The Virginia state tax rates vary between 2 and 5.75 percent.

Virginia Sales Taxes on LLC Sales

If you sell physical products or certain types of services, you may need to collect sales tax (also known as sales and use tax) and then pay it to the VA Department of Taxation. Virginia sales tax is collected at the point of purchase. Virginia sales tax rates do vary depending on the region, county or city where you are located.

You will typically need to collect Virginia sales tax on:

  • Tangible, personal property and goods that you sell like furniture, cars, electronics, appliances, books, raw materials, etc.

  • Certain services that your Virginia business might provide

Most states do not levy sales tax on goods that are considered necessities, like food, medications, clothing or gas.

Get details on the Virginia sales tax online here.

Sales Tax Rates for Your Virginia LLC

Sales tax rates do vary between states, counties and cities. Typically, the state will set a base sales tax rate, then specific counties and cities may levy small additional sales tax amounts on top of that. 

Federal Self-Employment and Income Taxes for Your Virginia LLC

There are a couple different federal taxes that every LLC will need to pay, including Virginia LLCs. These are self-employment tax and federal income tax, which are taxed as “pass-through” income via your tax return forms.

Virginia LLC Federal Self-Employment Tax

All Virginia LLC business members or managers who take profits out of the LLC will need to pay self-employment tax. This tax is also known as FICA, Social Security or Medicare tax. It applies to all the earnings you withdraw from your Virginia business. The current self-employment tax rate is 15.3 percent.

You will be able to deduct your business expenses from your income when working out how much self-employment tax you owe. Here are some examples of how much self-employment tax you may need to pay, depending on your earnings:

  • On profits of $70,000, you would pay self-employment tax of $10,710

  • On profits of $100,000, you would pay self-employment tax of $15,300

  • On profits of $160,000, you would pay self-employment tax of $24,480

Pay Less Self-Employment Tax by Treating Your Virginia LLC as an S Corporation

The Internal Revenue Service allows LLCs to ask to be treated as an S Corporation for tax purposes. This can help you reduce the amount of self-employment tax that you pay by declaring some of your income as salary and other income as distributions or withdrawals. 

You can do this by making an “S Corporation Tax Election” with the IRS using a form known as Form 2553. We can file your Form 2553 with the IRS on your behalf.

Incfile Form 2553 S Corporation Tax Election for an LLC service

Speak to your accountant for more information on reducing your Virginia LLC self-employment tax through an S Corporation tax election.

Virginia LLC Federal Income Tax

You must also pay regular federal income tax on any earnings you take out of your Virginia LLC. The amount of income tax you pay depends on your earnings, current income tax brackets, deductions and how you file. 

You only pay federal income tax on your Virginia LLC profits that you take out of the business, less certain deductions and allowances. This includes your tax-free amount, plus LLC business expenses and other deductions for areas such as healthcare and some retirement plans. Speak to your accountant for more information.

Employer and Employee Taxes for Your Virginia LLC

If you pay employees, there are some slightly different tax implications. Speak to your accountant to get clear guidance for your own unique situation.

Employer Payroll Tax Withholding for Your Virginia LLC 

All employers must collect and withhold payroll tax from their employees when they receive their salaries. You would normally withhold 7.65 percent of the taxable salary that you pay to your employees.

Employer Federal and State Tax Withholding for Your Virginia LLC

You may also choose to withhold federal and Virginia state income tax on the wages you pay to employees. Speak to your accountant for more information.

Employees May Need to File Tax Returns

Regardless of whether you withhold federal and Virginia state income tax, your employees may need to file their own tax returns.

Virginia LLC Employee Insurance and Other Requirements

You may also need to pay insurance for any employees, like employee compensation insurance or unemployment tax. There will also be other requirements you have for employees.

Get more requirements from the Virginia Department of Labor and Industry website.

Other Taxes and Duties for Your Virginia LLC

Depending on the industry you are in, your Virginia LLC may be liable for certain other taxes and duties. For example, if you sell gasoline you may need to pay a tax on any fuel you sell. Likewise, if you import or export goods, you may need to pay certain duties. Speak to your accountant about any other taxes you may need to withhold or pay.

Estimated Taxes for Your Virginia LLC

Most Virginia LLCs will need to pay estimated taxes throughout the year, depending on the amount of income and profit you expect to make. The most common types of estimated tax are:

  • Federal income tax

  • Federal self-employment tax

  • Virginia state tax

Most Virginia LLCs will pay estimated taxes four times a year. Speak to your accountant for more information.

FAQs on Virginia LLC Business Taxes

Does Virginia Have Sales Tax?

Yes. Virginia does have a sales tax, which may vary among cities and counties.

Does Virginia Have a State Tax?

Yes. Virginia does have a general state income tax.

Do I Need to Pay Estimated Taxes?

Yes. In most cases you must pay estimated taxes on your Virginia tax, federal income tax and self-employment tax. Speak to your accountant for more information.

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What are the fees and requirements to form a business in Virginia?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$100 5 Business Days 1 Business Day

Compliance Requirements

This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.

Annual Registration

Frequency: Annually

Due Dates: Last day of anniversary month of organization.

Filing Fee:$50

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