West Virginia LLC Fees and Filing Requirements
Depending on the specifics of your West Virginia business, you’ll be required to pay certain fees and fulfill different filing and licensing requirements. Some of these costs are payable to the West Virginia Secretary of State, while others are due to the federal or West Virginia government. We’ve summarized the most common requirements and fees here.
Note that West Virginia business licenses and permits might 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 Filing and Fees for Forming an LLC in West Virginia
When you first incorporate your business in West Virginia, you’ll need to file an LLC with the WV Secretary of State and pay a filing fee. Here are the current fees and filing times for West Virginia:
||State Filing Time
||Expedited Filing Time
||15 Business Days
When you form your LLC through Incfile, we automatically forward this fee to the West Virginia Secretary of State when we file your incorporation paperwork.
Some states allow you to form your LLC more quickly by paying a rush fee. You can compare state filing times and fees here, including expedited fees for West Virginia.
Incorporate your West Virginia LLC through Incfile today
Getting an EIN/Tax ID for Your West Virginia LLC
Every West Virginia LLC should have a unique Employer Identification Number (EIN). These are provided by the Internal Revenue Service, and you use them when filing taxes, opening a business bank account and paying employees. You can get one yourself at no cost from the IRS or have Incfile obtain one on your behalf.
Get an EIN for your West Virginia LLC through Incfile
Foreign Qualification to Operate in a State Outside West Virginia
If you’re expanding your West Virginia LLC beyond the borders of the state, you will need a Foreign Qualification or Certificate of Authority to operate in another state. These are typically necessary if you have a physical presence, employees or banking in a different state than West Virginia. Fees and requirements for foreign qualifications depend on each state’s rules. Incfile provides a complete Foreign Qualification service for any state.
Get a Foreign Qualification/Certificate of Authority through Incfile
Annual Reporting and Fees for Your West Virginia LLC
Most states need to file an annual (or other periodic) report with their department of state. When you file your WV LLC annual report, you may need to pay a fee. Here are the annual filing requirements for West Virginia:
Due Date: June 30th
Filing Fee: $52
Incfile can also complete and file your West Virginia annual report on your behalf.
Incfile’s West Virginia Annual Report Filing service
West Virginia Business Permits and Licenses
Some West Virginia LLCs will need certain business licenses and permits from federal, state and regional organizations. These permits and licenses will have associated fees that you should pay on a one-off or regular basis. Permits and licenses vary based on:
- The industry your West Virginia LLC operates in (e.g., restaurants will need health permits)
- The location of your West Virginia LLC (state, county or city) (e.g., a license to conduct business from the city of Pittsburgh)
- The type of business that you run (e.g., healthcare providers must meet HIPAA requirements)
You can research these permits and licenses yourself or use Incfile’s Business License Research Package, which includes:
The Incfile Business License Research Package for Your West Virginia LLC
Our Business License Research Package tells you about all of the licenses and permits you will need for your West Virginia LLC. It includes:
- A complete report on all the licenses, permits and tax registrations your West Virginia LLC will need
- The application forms you will need to file with the West Virginia, regional and federal licensing authorities
Remember that operating your business without the required licenses can expose you to risks and fines from federal, West Virginia and local governments.
Incfile’s West Virginia Business License Research Package
Create an Operating Agreement for Your West Virginia LLC
An Operating Agreement is a business 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.
West Virginia LLCs aren’t required to have an Operating Agreement, but they are extremely useful for several reasons (learn about them here). If you’re interested in having your Operating Agreement created for you, Incfile can draft a general Operating Agreement template when you choose to form your West Virginia business. You can choose to make changes to the template based on your unique requirements.
Ad Hoc West Virginia Fees or Requirements for Your West Virginia LLC
There are several other fees or requirements that you may need to meet during the life of your West Virginia LLC. These ad hoc fees will only be payable in specific circumstances, which we’ve listed below.
To Obtain a Fictitious/DBA Name
If you want your business to trade under a different name, you can file a form with the West Virginia Secretary of State. You will need to pay a filing fee. Incfile can file this form on your behalf.
Incfile’s West Virginia Fictitious Name service
To Change the West Virginia Registered Agent
Your West Virginia LLC needs a Registered Agent, which must be appointed when you first incorporate your LLC. You can also switch to a new Registered Agent later. Incfile provides a complete West Virginia Registered Agent service.
Incfile’s West Virginia Registered Agent service
To Reserve a Name
If you don’t want to form your business right away, you can reserve a name with the West Virginia Secretary of State. You will need to pay a small fee to do this.
To Amend Certain Facts About Your West Virginia LLC
Your business formation documents state certain facts about your West Virginia business when it was originally formed. Over time, these facts might change — if they do, you need to file “Articles of Amendment” with the Secretary of State. You can do this yourself or have Incfile complete the filing on your behalf.
Areas you might want to file West Virginia Articles of Amendment for include:
- Adding, removing or changing a West Virginia LLC member or manager
- Changing the business address of your LLC
- Altering the stated business activities of your West Virginia LLC
Incfile’s West Virginia Articles of Amendment service
To Get a Certificate of Good Standing
Some organizations will request that you prove your West Virginia LLC’s compliance with laws and tax requirements. If you need to prove you have met your commitments, you will need a “Certificate of Good Standing” from the West Virginia Secretary of State. Incfile can obtain a certificate on your behalf.
Incfile’s West Virginia Certificate of Good Standing service
The fees listed above detail all the charges that a standard West Virginia LLC will be required to pay. In some unusual circumstances, there may be other one-off, periodic or ad hoc fees not listed above.
Of course, your West Virginia LLC will also probably need to pay self-employment, payroll, federal, state and sales taxes, but we will cover that when we talk about taxes for West Virginia LLCs.
FAQs About West Virginia LLC Requirements
What Happens to the State Fees That I Am Charged When Forming My West Virginia LLC?
We charge you for this fee at cost and then pay the fee to the secretary of state on your behalf when forming your West Virginia business.
Do I Need to Pay an Annual Report Fee Every Year?
Yes. Most states, including WV, require you to file a report for your LLC every year. You can find out more on the compliance page for your state.
Who Will I Need to Get Business Licenses and Permits From for My West Virginia LLC?
It depends on various factors including:
- The type of business you run
- Where you are located
- Governing organizations in your industry
- Federal, state and local regulations
That’s why our business license research package is so useful. It explores all of these areas for you and provides a comprehensive overview of exactly what your West Virginia LLC needs to be compliant.