How to Form an LLC in West Virginia

West Virginia is well-known for its Appalachian scenery, but for business people, there is something else, too: How the state assists small businesses is exemplary. It is efficient, cost-effective, and focused on growth.

If you are an American, or if you would like to start doing business in the United States as an international entrepreneur, opening an LLC (Limited Liability Company) in West Virginia is a good idea.

The Bizstartz guide on the formation of an LLC in West Virginia goes in depth on every aspect: Naming your business, filing fees, tax registration, getting your EIN, and all the compliance you will need to continue running your business.

Why Form an LLC in West Virginia

Before we talk about the business formation, it is good to look at all the reasons and advantages you may see if you conduct your business in West Virginia.

1. Setting Up is Cheap and Affordable to Keep Up

In West Virginia, the LLC filing fee is among the lowest in the United States: it costs only $100 to file the Articles of Organization, and the annual report fee is only $25. This is a great help to small business owners, helping them keep monthly costs low and manageable.

2. Strong Liability Protection

When an LLC is formed in West Virginia, personal assets are shielded from business liabilities and lawsuits. Therefore, if legal actions are taken against a business, the founder’s home, automobile, and private accounts wouldn’t be affected. This is a primary reason why most entrepreneurs are drawn to LLCs over sole proprietorships.

3. Flexible Tax Options

By default, LLC’s in West Virginia provide what is called “pass-through taxation” which means the business’s profits go directly to the members and are reported on their individual tax returns. However, depending on the situation, LLC’s can also elect to be taxed as an S-Corporation or C-Corporation with the IRS, which can be a beneficial tax strategy.

4. Supportive for Small Businesses

West Virginia’s Small Business Development Center (SBDC) has ideal policies, as well as, protection business legislations, and streamlined online filing. The SBDC also provides support to entrepreneurs in the form of mentoring, direct funding, and resources.

5. Non-Residents Welcome

Non-U.S. citizens can also establish an LLC in West Virginia. There’s no U.S. citizenship or residency requirement. As long as you have a registered agent in West Virginia, you can be anywhere in the world and operate legally.

Step 1: Choose a Name for Your West Virginia LLC

Choosing a business name isn’t solely a matter of creativity, but a legal and strategic consideration as well. As such, West Virginia has specific naming regulations to follow.

Naming Rules

• Choose any name that includes “Limited Liability Company,” “Limited Company,” “LLC,” “L.L.C.,” “LC,” or “L.C.”
• Your name must be unique and distinguishable.
• You may not use names with restricted wording such as “bank,” “insurance” or “trust” unless you are licensed. Moreover, do not use names that could be misleading or suggest illegal activity.

You can search the West Virginia Business Entity Database to check if the name you want is taken. If you don’t plan to file right away, you can submit a Name Reservation Application to the Secretary of State for a $15 fee to protect the name for 120 days.

Pro Tip:

It is easier to work if your brand and name is the same across platforms. Matching your LLC name with your website and social handles boosts credibility.

Step 2: Appoint a Registered Agent in West Virginia

Every LLC must appoint a registered agent, a person or business entity that receives legal documents, service of process, and compliance notices on behalf of your company.

Requirements for a Registered Agent

Must have a physical street address in West Virginia (no P.O. Boxes). Must be available during normal business hours. You may be registered as an individual or use a registered agent service.

Why it Matters

Having a registered agent helps ensure that you don’t miss critical deadlines or legal notifications. Many business owners, particularly those based outside the U.S., choose a professional registered agent service, such as Bizstartz, for privacy and compliance reasons.

If you relocate your business or switch your registered agent, you need to submit an Agent/Office Change Form with the Secretary of State. This is to ensure that your records stay up to date.

Step 3: File the Articles of Organization

The legal document that formally creates your LLC in West Virginia is the Articles of Organization. You can submit this document online or by mail through the West Virginia One Stop Business Portal.

Information Required

Your Articles must include:

• The LLC’s legal name
• Principal office address and mailing address.
• Registered agent’s name and street address.
• Management structure (member-managed or manager-managed).
• Names and addresses of the members or managers.
• Effective date of formation (immediate or future date up to a max of 90 days).
• Organizer’s name, address and signature.

Filing Fee & Processing

• Fee: $100 (payable to the West Virginia Secretary of State).
• Processing Time: Typically 5-10 business days for regular processing (faster with expedited processing available).

Filing Options:

• You can use the WV One Stop Portal to file online.
• You can also file by mail to the West Virginia Secretary of State Business & Licensing Division.
• You can also drop off the filings in person in Charleston, Clarksburg, and Martinsburg.

After the filings are approved, you will get the Certificate of Formation, which shows that your LLC legally exists.

Step 4 Register with the West Virginia State Tax Department

After you file with the Secretary of State, you must also register with the West Virginia State Tax Department to get your Business Registration Certificate to legally do any business activities.

Key Details

• File the BUS-APP form (Business Registration Application).
• Pay a $30 (non-refundable) fee.
• You must register for the required taxes:
  • Sales and Use Tax (if selling goods).
  • Employer Withholding Tax (if you are hiring employees).
  • Unemployment Insurance (if applicable).

The Business Registration Certificate is your business license for the state, and you must hang it where your business is located.

Step 5 Create an Operating Agreement

An Operating Agreement is not required by law, but it is encouraged to have it for your LLC in West Virginia. This document is for internal use and it outlines the ownership, management, and the way the business will operate.

Reasons You Need One

If you don’t create an operating agreement, your LLC will be governed by default state laws. These laws may not be what you want. A custom operating agreement clarifies potential misunderstandings between members while reinforcing your liability protection.

Elements of an Operating Agreement

• Ownership structure and what each member contributes financially.
• Voting rights and how decisions will be made.
• How profits and losses will be shared.
• Duties and powers of the members and managers.
• How members will be added or removed.
• How the LLC will be dissolved or how members will exit.

Crafting an operating agreement, even as the sole member of the LLC, will show credibility and help legally create your business entity. This entity is crucial for liability protection.

Step 6: Get an EIN

An LLC has to get an EIN to open bank accounts, handle payroll, and pay taxes due to its Federal Tax ID Number.

How to Get One

Go to the IRS’s website.

• Members of the LLC living in the U.S. can apply for an EIN online.
• Non-U.S. residents can apply using Form SS-4 and fax or mail it.

Why You Need an EIN

• To obtain a business account in the U.S.
• To submit your taxes to the IRS.
• To hire staff.
• To create accounts on payment platforms such as Stripe, PayPal, and Shopify.

Obtain an EIN with Bizstartz

Even for international founders without a social security number, Bizstartz can help you obtain an EIN.

Step 7: Open a U.S. Business Bank Account

In order to avoid losing your LLC’s limited liability protection, personal and business finances must be kept separated.

Required Documents

• Approved Articles of Organization
• EIN Confirmation Letter (CP 575) from IRS
• Operating Agreement
• Passport or photo ID (for non-U.S. owners)

If you are outside of the U.S., Bizstartz works with online banks and fintech platforms that enable non-residents to remotely open a U.S. business account.

Step 8: Acquire Licenses and Permits

Depending on what your business does, you will need to get some type of license at the state, county, or local levels.

Here are some examples of what to obtain:

• Your business will need health and food permits if you will be serving food to the public.
• Construction businesses will need contractor licenses.
• Businesses that operate from home need home occupation permits.
• Businesses that have a physical location need zoning and signage permits.

Remember to speak to your local city or county clerk’s office and also the West Virginia Department of Commerce to get the exact permits and licenses for your business type.

Step 9: File Annual Reports

To keep your LLC’s active status, you will also need to file Annual Reports on a yearly basis.

• Deadline: By July 1 each year.
• Fee: $25.
• Method: File online at the Secretary of State’s site.
• Penalty: Your LLC will be administratively dissolved.

To avoid missing any deadlines, Bizstartz suggests setting up reminders. Compliance management tools also work for this.

Step 10: Keep Compliance

To keep your LLC compliant and in good standing, you still need to:

• Pay your state taxes and your annual report dues on time.
• Keep your registered agent info current.
• Keep business permits and licenses current.
• Keep detailed books of account for the business.
• Maintain a clear separation of business and personal finances.

Regular compliance minimizes costly sanctions and preserves the protective liability shield of your business.

What Taxation Looks Like In West Virginia

The West Virginia taxation structure is a bit lenient on LLCs.

• For Single-Member LLCs, taxation is simply a sole proprietorship.
• For Multi-Member LLCs, taxation works as a partnership.
• For Multi-Member LLCs, you can as well opt for S-Corporation or C-Corporation status by filling up IRS Form 2553 or Form 8832.

At a State level, you can as well expect:

• 6% sales and use tax on retail sales.
• And for income tax, you can expect taxes between 2.36% – 5.12%.
• Then for employer taxes, you can expect withholding, unemployment, and workers’ compensation for businesses that have employees.

Starting An Business LLC In West Virginia Without Being A U.S. Resident

International entrepreneurs can also legally form an LLC in West Virginia without visiting the U.S.

Requirements

• By LLC regulations, you must have a registered agent in West Virginia.
• Then provide a U.S. mailing address, which is supplied by Bizstartz.
• Apply for an EIN without an SSN using Form SS-4.
• And you can also open a U.S. business bank account online through partner banks.
• And be sure to comply with all State and Federal tax obligations.

This will allow foreign residents to legally operate a U.S. business and sell on Amazon, Etsy, Shopify, or any other online platform.

West Virginia LLC Formation Cost Overview (2025)

Timeline to Form an LLC in West Virginia

Most Common Things People Get Wrong

• Not ever mixing up or personal and business or losing track to go add up to which account gives a lot of stress and creates a lot of unnecessary work.
• Missing the annual report deadline means the business is void and being operational without an agreement in place makes it so that you can easily to be sued.
• Ignoring local permits or zoning laws can lead to legal penalties.
• Not properly registering for state taxes can lead to penalties or a business losing its good standing.

Final Thoughts

Forming an LLC in West Virginia is a great option for both U.S.-based and foreign founders. It is low-cost, straightforward, and effective in providing strong liability protection.

In combination with its strong liability protection, low-cost, and straightforward nature, West Virginia is a great state to begin and grow your U.S. business.

Whether you’re a consultant, an eCommerce seller, a freelancer, or a startup founder, the right West Virginia LLC setup will put you on the right path through compliance, effective taxation, and growth.

Ready to Start Your West Virginia LLC?

Bizstartz LLC formation, EIN application, and Registered Agent Service. Bank Account Opening, and BOI filing with bookkeeping makes the entire process easy.

We give you the time and peace of mind to work on your business.

👉 Start your West Virginia LLC with Bizstartz today!