Advertiser Disclosure We earn a commission from partner links on StartupWise. Commissions do not affect our opinions or evaluations.

How to Start an LLC in West Virginia: 2024 Ultimate Guide

Share:

Table of Contents

Using an LLC Formation Service

Small business entrepreneurs can benefit from online LLC services to establish their Limited Liability Companies (LLC). These services will help file the necessary documents, allowing small business owners to focus on running their businesses. They have features like guaranteed acceptance by the state, assistance with the EIN application, registered agent service, and drafting of operating agreements. Online LLC services can be a reasonable and worthwhile cost.

Business owners can customize these packages to suit their individual needs. If you want to compare services and costs before deciding, you can choose from several options. Northwest Registered Agent, Swiftfilings, and Bizee LLC services are the most popular choices and have the best ratings.

9.8

4.7/5
Our top pick for reliability and affordability – over 3 million businesses served

9.6

4.4/5
Comprehensive LLC business formation services all in one place.

9.4

4.8/5
A go-to service for all business owners looking to start an LLC, S Corp, or C Corp

Starting a Limited Liability Company (LLC) in South Carolina is an exciting opportunity for entrepreneurs. An LLC combines the liability protection of a corporation with the flexibility and tax benefits of a partnership, making it an attractive option for many business owners. Here’s your guide to forming an LLC in South Carolina.

Step 1: Choose a Business Name

The first step in creating your LLC is picking a unique name. Your LLC’s name identifies your business and plays a vital role in branding. In West Virginia, your LLC name must include “Limited Liability Company” or its abbreviations (LLC or LLC). 

Here are the guidelines you must follow: 

  • Must include “Limited Liability Company” or its abbreviations (LLC or L.L.C.).
  • Certain restricted words may require additional paperwork (e.g., Bank, University).
  • Be unique from existing businesses in West Virginia. 

Use the West Virginia Secretary of State’s business or do a quick, free name check to see if your chosen name is available. If you are considering getting a website name that matches your business name, You can find good deals for your domain names on Namecheap.

Step 2: Hire a Registered Agent

Like in other states, your LLC must have a registered agent in West Virginia. A registered agent is a person or company that agrees to receive legal papers on behalf of your LLC, ensuring you get all important legal notices. The agent must have a physical address in West Virginia and be available during business hours. You can act as your registered agent, choose someone you trust, or hire a professional service like Northwest Registered Agent, Swiftfilings, or Bizee.

Check out our blog: ‘Is a Registered Agent Necessary? Your Guide to Finding an Affordable Option

Step 3: File Your Articles of Organization in West Virginia

The cornerstone of creating your LLC in West Virginia is filing the Articles of Organization with the West Virginia Secretary of State. This document registers your LLC with the state and includes important details about your business.

What to Include in Your Articles of Organization:

  • LLC Name: Your LLC’s name must include “Limited Liability Company” or its abbreviation “LLC” to comply with West Virginia naming conventions.
  • Mailing Address: List a mailing address if it’s different from the LLC’s physical location.
  • Registered Agent: West Virginia requires you to appoint a registered agent to accept legal documents on your LLC’s behalf. Include their full name and physical address in West Virginia. The registered agent must consent to this appointment.
  • Management Structure: Indicate whether your LLC is member-managed or manager-managed, including the members’ or managers’ names and addresses. A P.O. box may be used for addresses if privacy is a concern.
  • Purpose: While a specific purpose isn’t necessary, you may briefly describe your business activities.
  • LLC Organizer: The person or entity filing the Articles of Organization should be identified here.
  • Formation Date: You can choose the LLC’s start date, either the filing date or a specific date, within 60 days of filing.
  • Signing: Ensure all information is accurate before signing. The form must be signed by either an LLC member, manager, or organizer.

How to Send Your Form:

  • Online: For the quickest processing, file your Articles of Organization online through the West Virginia Secretary of State’s One Stop Business Portal. This platform offers an efficient way to submit your paperwork and payment.
  • By Mail: If you prefer, you can also file by mail. Complete the Articles of Organization and send it with the appropriate fee to the West Virginia Secretary of State, Business Division, 1615 East Washington Street, Charleston, WV 25311-2126.
  • In-Person: If you wish to file in person, you can bring your completed Articles of Organization to any of the Secretary of State’s Business & Licensing locations. The main office is at the same address provided for mail submissions.

Filing Fee: The cost is $100 for both domestic and foreign LLCs looking to operate in West Virginia.

Ensuring all information on your Articles of Organization is accurate and complete is crucial for establishing your LLC in West Virginia.

Step 4: Making an Operating Agreement for Your Business

Let’s discuss setting up some ground rules for your business. This is where an Operating Agreement comes in. Think of it as a handbook that explains how your business runs. It’s important because it helps everyone understand their role and what’s expected in your LLC.

Here’s what an Operating Agreement usually includes:

  • Ownership: This part talks about who owns what percentage of the business. 
  • Member’s Rights and Responsibilities: Here, you’ll write down what each person in the LLC can and cannot do and what they’re responsible for. It’s like a job description for each member.
  • Joining & Leaving: This section covers how new people can enter your business and what happens if someone decides to leave. It’s good to have this figured out so there are no surprises later.
  • Dissolution: This might sound a bit gloomy, but it’s practical. It’s about how to close down the LLC if you ever need to. It includes the steps to take and how to handle everything when wrapping up the business.

Creating an Operating Agreement is a smart move. It keeps things clear and organized so everyone knows what to expect, and it can save you a lot of time. 

Step 5: Getting Your EIN from the IRS

Your business needs a number called an EIN from the IRS. It’s like an ID number for your business. This number will help you as an identification number when getting bank accounts and credit accounts, filing taxes, and hiring employees.

It’s free, and you can get it from the IRS website.

Step 6: Steps After Forming Your LLC 

Open a Business Bank Account 

Keeping your personal and business finances separate is crucial for financial management and legal protection. Opening a business bank account requires your EIN and Articles of Organization. It makes tracking business expenses easier and simplifies tax filing.

Get a Business Credit Card

A business credit card is an excellent tool for handling business purchases and can help build your company’s credit history. Just like with personal credit, a good business credit score can make it easier to get loans and may qualify you for better terms. Visit our website to see our favorite business cards review.  

Check out our blog: Novo Review: The Best Business Banking Account in 2024?

Hire an Accountant

Managing finances can get complicated, especially as your business grows. An accountant can help you navigate tax laws, handle bookkeeping, and plan for financial growth. This professional guidance can save you time and money in the long run.

Create a Professional Website 

A website makes your business look legit. WordPress is a great tool to build your site. You can check out SiteGround or Hostinger for web hosting. They’re both good options to get your site up and running.

 

West Virginia LLC: Permits, Licenses, Tax Requirements, and Annual Reporting

To set up an LLC in West Virginia, it’s essential to understand and follow state regulations. This involves obtaining the necessary permits and licenses, managing tax obligations, and meeting annual reporting requirements. Fulfilling these requirements can ensure a smooth operation for your LLC.

 

Obtain Any Additional Permits and Licenses

Your LLC may need specific permits and licenses based on its activities and location:

  • Local Business Licenses: Check with your city or county clerk’s office or website for local business license requirements.
  • Professional Licenses: Certain professions may require state-issued licenses. The West Virginia Secretary of State’s website provides more information on the relevant boards or agencies.
  • Health Permits: Businesses in food service, healthcare, or beauty industries might need health permits from the West Virginia Department of Health & Human Resources or local health departments.

 

Tax Requirements in West Virginia

Managing your LLC’s tax obligations is essential for compliance:

  • Employer Taxes: If you have employees, you must register for Unemployment Insurance Tax through WorkForce West Virginia and Employee Withholding Tax through the West Virginia State Tax Department.
  • State Taxes: LLCs in West Virginia are treated as pass-through entities for income tax purposes. If your LLC sells goods or specific services, you must register for a Sales Tax Permit through the West Virginia State Tax Department.
  • EIN: All LLCs need an Employer Identification Number (EIN) from the IRS for tax purposes, hiring employees, and more.

 

Annual Reporting in West Virginia

Maintaining good standing involves submitting an annual report:

  • Filing Requirements: All West Virginia LLCs are required to file an annual report with the Secretary of State.
  • Fees and Filing: The annual report filing fee is $25 and can be filed online through the West Virginia One Stop Business Portal.
  • Importance: The annual report keeps your LLC’s contact information up-to-date with the state and is vital for maintaining good standing.

 

To comply with state laws and successfully operate your West Virginia LLC, you must follow permits, licenses, tax obligations, and annual reporting guidelines. For current and detailed information, visit the West Virginia Secretary of State’s website (sos.wv.gov) and the West Virginia State Tax Department website.

 

New 2024 Reporting Requirements (BOI)

Effective from January 1, 2024

Big news! Starting January 1, 2024, there are new reporting requirements for both domestic and foreign reporting companies. This includes LLCs, corporations, and other entities. Here’s what you need to know:

 

First Report Deadlines:

  • Existing Entities: If your LLC was already around before 2024, you’ve got until January 1, 2025, to submit your first report.
  • New Entities: If you’re forming your LLC in 2024, you must file your report within 90 days of your company’s creation.

 

Who Needs to Report:

  • Domestic Reporting Companies: This includes LLCs and similar entities within the U.S.
  • Foreign Reporting Companies: Entities registered foreign entities must also adhere to these new rules.

 

Exceptions to Reporting:

  • For specific exceptions, you’ll want to refer to the Beneficial Ownership Information Reporting Regulations at 31 CFR § 1010.380(c)(2) and the Small Entity Compliance Guide.

 

What Must Be Reported

What you need to report is all about transparency. The exact details can be found in the compliance guide, but it generally involves information about your LLC’s ownership and control.

 

When Must Reporting File Reports

Remember, if you’re an existing entity, your deadline is January 1, 2025. For new LLCs formed in 2024, it’s within 90 days of creation.

 

Filing Reports & Noncompliance Penalties

Starting January 1, 2024, all BOI reports must be filed electronically. Here are some critical points:

  • Filing Before the Date: You must file on January 1, 2024.
  • Accuracy: Filer certification of accuracy is mandatory – you need to double-check that everything you report is correct and accurate.

 

Penalties for Noncompliance:

  • False Information Penalties: Mistakes or misinformation can result in a fine of up to $10,000 or up to two years in prison.
  • Penalties: If you slip up here, you could face a fine of up to $10,000 or even imprisonment for up to 2 years.
  • FinCEN’s Approach: The Financial Crimes Enforcement Network (FinCEN) focuses on education and outreach to ensure compliance. 
  • Safe Harbor Rule: Did you make a mistake? If you discover inaccuracies in your initial report, you have a 90-day grace period to submit a corrected report.

If you need more information or specific guidance, please visit the FinCEN website for all the details.

Forming an LLC in West Virginia in 2024 offers significant benefits, including liability protection and tax advantages. By following these steps and staying compliant with state requirements, your LLC will be well-positioned for success. 

Remember, keeping informed about changes in laws or fees by regularly checking the West Virginia Secretary of State and State Tax Department websites is crucial for maintaining your LLC. If you need help, services like Northwest Registered Agent, Swiftfiling, or Bizee exist. They can handle any legal details your LLC requires, like getting your EIN and sorting out your operating agreement.

Related Articles

Submit Your Email to Download Freebies