How Much Does It Cost to Start an LLC in West Virginia?
Legal business registration — and making sure your business is in good standing — involves some necessary expenses. Some of these costs are payable to the WV Secretary of State, while others are due to additional state entities or the federal government. Here are some of the most common requirements and fees.
Please note that West Virginia business license and permit fees may need to be paid when you first form your business, on an ongoing schedule or on an ad hoc basis. Find more details below.
Initial West Virginia LLC Fees
You’ll need to file as an LLC with the Secretary of State and pay a filing fee when you first formally form your business. Here are the current West Virginia LLC fees and filing times:
When you form your LLC through Incfile, we charge you this fee and forward it to the West Virginia Secretary of State when we file your formation paperwork.
Employer Identification Number
Every LLC in the U.S. should obtain a unique Employer Identification Number (EIN) from the Internal Revenue Service. You'll use it when you open a business bank account, file taxes and pay employees. It's available at no cost from the IRS, or hace Incfile obtain one for you.
When you want to do business in a state other than the one where your business is based, you must create a foreign LLC.
West Virginia Foreign LLC Registration
Foreign companies are those which are formed in another state or country. In order to transact business in West Virginia these entities must register with the West Virginia Secretary of State's Office for Certificate of Authority.
The registration must be accompanied by a certificate of good standing or a certificate of existence from the domestic state of formation. Register your out-of-state foreign company online by using WV Secretary of State’s One Stop Business Portal. The filing fee for a West Virginia Foreign LLC is $150 and an additional $1 for filing online. The state may have additional requirements so contact the West Virginia Secretary of State for more information.
Foreign Qualification to Operate in Another State
If you plan to expand your West Virginia LLC into another state, you’ll first need Foreign Qualification or a Certificate of Authority from that state. This is necessary if you'll have a physical presence, employees or banking in that state.
This process will likely require you to complete an application and pay a filing fee, but each state has its own requirements. Contact the state government entity that administers business (usually the Secretary of State) for specific instructions.
If you need assistance, Incfile provides complete Foreign Qualification service for all states.
Annual Report Requirements
Most states — including West Virginia — require businesses to file an annual (or other periodic) report with the Secretary of State. When you file your annual report, you’ll need to pay a fee of $25. Here are the West Virginia annual report filing requirements:
Between January 1 and July 1
*includes online processing fees
West Virginia Business License and Permit Requirements
As a business owner, it’s your responsibility to make sure you have the proper state, federal or local business licenses to operate your West Virginia LLC. Some of the associated fees only need to be paid once, while others are ongoing charges.
Permits and licenses vary based on:
Running your business without the required licenses may expose you to risks and fines from federal, state and local governments.
You can research these permits and licenses yourself, or use Incfile’s Business License Research Package, which includes:
- A complete report on all the licenses, permits and tax registrations your LLC will need
- The applications you'll need to file with the state, regional and federal licensing authorities
The state of West Virginia doesn't require you to have anLLC Operating Agreement in place.
An Operating Agreement is a document that covers how the business will be run, how managers and members are chosen, rights and duties of members and several other key areas. It's usually filed with your Articles of Organization at the time of incorporation.
This document can be extremely helpful in making sure you’re organized and prepared for any future events that may affect your business.
You can make changes to the template based on your unique requirements.
Other Potential West Virginia LLC Fees or Requirements
It is normal for your business to pay and meet several other fees and requirements during the life of your LLC. These ad hoc fees will only be payable in specific circumstances, as listed below.
Reserving a Name for Your LLC
If you don’t want to form your LLC right away, you can reserve a business name for 120 days with the West Virginia Secretary of State by filing a form and paying a fee of $15. First, perform a West Virginia business search and learn about business name rules to ensure you choose a name that meets state requirements.
Amending Certain Facts About Your LLC
Your business formation documents state certain facts about your West Virginia business at the time it's formed. Over time, these facts may change. If they do, you'll need to file any amendments or corrections with the West Virginia Secretary of State for a filing fee of $25. You can do this yourself or have Incfile file the ammendments on your behalf.
Getting a West Virginia Certificate of Good Standing
Some organizations will request that you prove your LLC’s compliance with laws and tax requirements. If you need to prove you have met your commitments, you’ll need a Certificate of Good Standing or Certificate of Existence from the West Virginia Secretary of State. You can obtain one by ordering a Certificate of Existence from the WV SOS, and paying a fee of $10.
The fees listed above detail many of the charges a standard LLC will be required to pay in West Virginia. In some unusual circumstances, there may be other one-off, periodic or ad hoc fees not listed above.
Of course, your LLC will also probably need to pay self-employment, payroll, federal, state and sales taxes. More information about taxes can be found on the West Virginia Business Tax page.