How to Start Your LLC in West Virginia

Forming an official company for your business offers several advantages, especially when it comes to taxes. With an official company, you may be able to write off company operation costs as business expenses. These include renting office space, your Internet connection fees, business meals, and buying computers and cell phones for business use. 

There are several types of business structures you can use, and the limited liability company or LLC may be best for your situation. 

The LLC is a business structure that lets you separate your personal assets from your company assets, so you have limited liability. In other words, creditors generally cannot go after your bank account and your home to cover your company’s debts. Litigants suing your company for damages also can’t go after your personal assets. This is the main advantage of the LLC over a sole proprietorship. 

Many people also prefer to start an LLC instead of a corporation. With an LLC, there’s no double taxation. The main issue with a corporation is that you’re taxed at the corporate level, and then you’re taxed again when you pocket your profits as part of your personal income. 

Running an LLC is also easier than managing a corporation. Running a corporation involves more complicated rules, while an LLC allows for greater flexibility.

If you live in West Virginia and you want to start your own small business, then you might want to consider forming an LLC. 

Here are the steps you need to take: 

Step 1: Name Your West Virginia  LLC

It all starts with the name. This will be your brand, the corporate identity that separates your business from all the others. You’ll want something memorable, of course. 

Unique LLC Name

But it has to be unique, as you can’t just use any famous brand name already in existence for your LLC. To make sure that it’s unique, you’ll want to head to the West Virginia Secretary of State website where there’s a database of the business names already in use. Confirm that the name you’re considering is not registered there.

Then, you may as well check that the name isn’t in use anywhere in the country. That way, you’re sure that your brand name is distinct from any other business. 

You should also confirm that your business name is also available as a web domain. That means you can get the LLCname.com before others buy it for their own use. Nowadays, it’s imperative that you have a website for your business, and it’s a lot more convenient if you have your LLC name as your web domain. 

Once you have the brand name all checked out, you then have to formally conform to West Virginia  LLC naming requirements. That means you have to add the term “limited liability company” at the end of the brand name. But you can also use some other version of the phrase. You can go with “LLC”, L.L.C.”, “Limited”, “Ltd.”, “Company”, or just “Co.”. 

So, you end up with any of the following:

  • LLC Name, Limited Liability Company
  • LLC Name, LLC
  • LLC Name, L.L.C. 
  • LLC Name, Limited
  • LLC Name, Ltd. 
  • LLC Name Company
  • LLC Name Co. 

There are some words and terms you cannot use for the LLC name, such terms that might let people think that your company is associated with any government agency. These words and terms include “State Department”, “Treasury”, FBI, CIA, NSA, and other similar terms. You can learn more about this on the guideline provided by the Secretary of the State of West Virginia website. Furthermore, you can learn more about naming your business in the State of West Virginia here.

Using a DBA

It’s very possible that you might want to use a DBA, which stands for “doing business as”. In essence, it’s just another name under which your LLC can use to do business. Think of it like an alias, like the celebrities Lady Gaga, Sting, and just about every hip-hop artist out there. 

If you have a rather formal name and you want to rebrand, then you can obtain a DBA after forming (and naming the company. You can use the DBA name as a nickname for your company. It may also work if your company is launching a different product line, or entering a new industry. 

The same basic rules apply to the DBA. It has to be unique, and you can use certain terms that might associate the name with a government agency. 

You’ll need to file your Trade Name on the One Stop Business Portal with Virginia State. Depending on the type of business you choose to start in the State of Virginia, you can choose to Download the Sole Proprietorships and General Partnerships or the Corporations, LLCs, LPs, and LLPs form and put in all the required information in the form. 

Submit a duplicate copy of your Trade Name through mail or in-person to one of these addresses: 

Charleston Office

One-Stop Business Center

1615 Washington Street East

Charleston, WV 25311

OR

Clarksburg Office

North Central WV Business Center

200 West Main Street

Clarksburg, WV 26301

OR

Martinsburg Office

Eastern Panhandle Business Center

229 E. Martin Street

Martinsburg, WV 25401

You’ll pay $25 for each assumed name certificate. You can choose to expedite for an additional fee of $25 for 24 hours, $250 for 2 hours, and $500 for 1 hour.

 

Step 2: Choose a Registered Agent

The registered agent is a person (or the business identity that employs that person) who receives crucial legal documents on behalf of your LLC. These documents include notices of lawsuits, crucial tax forms, and other types of official government correspondence. 

The registered agent needs to be a West Virginia resident with their own address, and they have to be present in that location during business hours to receive the crucial legal documents sent to your LLC. 

Even if it’s not an absolute requirement to have a registered agent, it makes complete sense to have one nonetheless. 

  • You’re then free to travel outside your office to grow your business, as you won’t have to be trapped indoors to be able to receive the official correspondence. 
  • The address of the registered agent can be used as your official LLC address, to maintain your privacy. This is convenient when you’re using your house as your home office and you don’t want your residential address publicly published. You won’t have to be inundated with junk mail. 
  • It’s also better in situations that might embarrass your company. You don’t want to receive notices for lawsuits at your home office, where these might be seen by clients and customers. 

You can select any person within your company to act as your registered agent, and that includes yourself. But it’s best if you simply hire a professional registered agent service to receive the legal documents on your behalf. 

These professional registered agent services can then receive all the documents and screen out the junk mail. They can then scan all the crucial documents, and send them to your office online. They generally use an online document storage platform from which you can just download the documents. 

In addition, professional registered agents can offer additional services. They may offer compliance support, which means they can send you reminders about approaching deadlines for important filings, such as annual reports. They may even help you file those reports. 

Registered Agent Statement of Consent

Once you have a registered agent chosen, you’ll have their formal consent to the appointment in electronic or written form. This is the statement of consent that will be included among your crucial LLC documents. This will have to include the following information: 

  • Your LLC name
  • The name of the person you’ve picked as your registered agent
  • The formal statement that the person you’ve chosen has agreed to work as the registered agent for your LLC 
  • The registered agent’s signature
  • The date on which the registered agent starts working for the LLC

 The statement of consent is a requirement, but you don’t have to file it with the West Virginia  Secretary of State. 

Step 3: File your Certificate of Formation

You can file the Articles of Organization with the West Virginia Secretary of State or you can choose to download this Form LLD-1, fill it up with the required information. 

The filing fee is $100. Payable to the West Virginia Secretary of State.

You’ll need to make sure that you put in all the needed information. This will include: 

  • The name of the LLC
  • The name and address of the registered agent (whether organization or individual) 
  • Names and addresses of members and managers
  • Initial mailing address (which may be a street address or a post box)
  • The name and address of the organizer (the person filling up and filing this document)
  • The effective date of the filing

It is also possible to send this form through the mail, Email, or in person. Submit the completed form in duplicate along with the filing fee to:

Charleston Office

One-Stop Business Center

1615 Washington St. E.

Charleston, WV 25311

OR

Clarksburg Office

North Central WV Business Center

200 W. Main St.

Clarksburg, WV 26301

OR

Martinsburg Office

Eastern Panhandle Business Center

229 E. Martin St.

Martinsburg, WV 25401.

Email: CorpFilings@wvsos.gov

The processing time for the application is immediately after payment if you’re applying online. If you sent the form through the mail, you may have to wait for 7 to 14 business days. 

Step 4: Get the EIN

This is the Employer Identification Number, which is a 9-digit number issued by the IRS. It’s also known as the Federal Employer Identification Number (FEIN) or Federal Tax Identification Number (FTIN). 

This number basically functions as the Social Security Number for the LLC. It classifies the LLC as a separate identity and helps to keep track of the tax reporting of the LLC. 

If you’re running a single-member LLC with no employees, then you don’t absolutely need an EIN. But even then, it helps you to run your LLC more efficiently. 

  • You need the EIN to hire employees for the company. 
  • The EIN is required for state and federal tax purposes when you have a multi-member LLC. 
  • Banks will require the EIN if you’re opening a business bank account for the LLC. 

How to Obtain the EIN

Actually, it’s rather easy. You can apply online to request an EIN from the IRS. You’ll then get the form, which you’ll need to fill in to complete the application. Your information is validated during the online session, so there’s no waiting time for processing. You get your EIN immediately. 

That’s it. You don’t even have to pay for the EIN. The online method is so easy that it’s the most common way to obtain the EIN. 

If for some reason, you want to do this by snail mail, that’s also possible. But you still need to download the required form. Print out the form, fill it out, and then mail it to: 

Internal Revenue Service, 

Attn: EIN Operation Cincinnati, 

OH, 45999. 

 

Using an Online Formation Service

You don’t have to do everything yourself. In fact, you should consider using an online formation service to form your LLC in West Virginia. This approach offers several significant benefits: 

  1. The best online formation services have extensive experience in this process. That means it’s almost impossible they’ll make a mistake, and the entire process will proceed hassle-free. 
  2. You get guidance on every step of the way. 
  3. These online formation services can offer other types of services that your LLC will need. These can include registered agent services and compliance support. 

Many of the best online formation services offer extremely affordable packages, and they’re often worth the expense. 

What To Do after LLC Formation: Compliance

Once you’ve formed your LLC, it means you should now proceed to make sure your LLC works as intended and that it doesn’t close right away. Your LLC has rules to follow so that it remains in good standing with the state of West Virginia. 

Sales Tax Permit

You need the sales tax permit when doing business in West Virginia if you’re leasing or selling tangible personal property, or if you’re providing taxable services. 

Visit the West Virginia  Department of Tax website, and provide the needed business information to register for the permit, check out this West Virginia Small Business Administrative guide to make sure you have all the permits and licenses you need for your LLC. 

West Virginia  LLC Tax Filing

There are several types of state taxes that may pertain to your West Virginia  LLC business. If you’ve obtained the sales tax permit, then you’re selling a physical product. With the permit, you can then collect sales tax on taxable sales. 

If you have employees working for the LLC, you will also have to register for Unemployment Insurance Tax with the West Virginia Department of Commerce. You can complete this online. You’ll also need to register for Employee Withholding Tax through the Department of Tax. This process can be completed here.

Then there’s the Annual Report, which can only be done online. You’ll have to pay a filing fee of $25 to 

However, the report is due by July 1st of each year. Keep in mind that you don’t have to file this report in the same year you formed your LLC. 

File this report late, and you’ll pay a $50 penalty even if you don’t have to pay taxes. Meanwhile, the State of West Virginia will dissolve your LLC if you fail to file your annual report. You can learn more about filing the Annual report in the State of West Virginia here.

Hiring Employees

Here are some guidelines you may want to keep in mind when hiring employees for your LLC. 

  • Make sure they’re eligible to work in the US. 
  • Report your workers to the State as “new hires”. 
  • Obtain workers’ compensation insurance
  • Withhold employee taxes
  • Don’t forget that the West Virginia minimum wage is $8.75 per hour. 

Other Important Steps

To help make sure your LLC succeeds, take note of these important steps:

Open a Business Bank Account

One of the main reasons why small business owners start an LLC (or a corporation) is to protect their personal assets. To make sure you do this, you need to establish a business bank account that’s separate from your personal bank account. 

This will reinforce the idea that your business is a separate identity from your person. It protects your personal assets more effectively. 

It also makes it easy for you to run your business. At the very least, it makes accounting and tax filing a lot less complicated. 

Obtain a Business Credit Card

Again, this helps to separate your business expenses from your personal expenses. Just don’t use this credit card for personal purchases. 

Using the business credit card also helps to build the credit history of the company. After all, you can’t just rely on your excellent personal credit history. That’s especially true for a multi-member LLC. Keep in mind that the LLC is a separate legal identity. 

You can then use that LLC credit history to raise capital (such as business loans) later on. 

Hire a Business Accountant

This may seem like overkill at the start, but the business accountant becomes a lot more important as time passes and your LLC grows more successful. 

The business accountant makes bookkeeping and payroll a lot easier. They can take care of the fussy details, while you can concentrate more on growing your business. 

The business accountant can also offer insights regarding extra profit and unexpected loss. And of course, the accountant can help make sure you’re paying the correct amount of taxes. You’re not paying too much, or not paying enough so you end up with penalties and fines. 

Obtain Needed Insurance

In most cases, this means getting general liability insurance. In case your LLC is hit with a lawsuit and paying for damages, the insurance can cover part of the damages. 

If you’re offering professional services, then you should also consider getting professional liability insurance. That way, you get some protection if you’re hit with a malpractice suit. 

If you have employees (especially employees offering outdoor services), then you should also get workers’ compensation insurance. This can provide coverage just in case your workers get sick, get injured, or even die due to job-related causes. 

Start A Website

Today, this is generally a mandatory step for any small business. Without a website for your company, potential clients and customers may doubt the legitimacy of your business. 

A website is also an extremely helpful tool for advertising. Unlike print ads or TV spots, you don’t have any practical constraints as to how much advertising you can feature on your website. You can create pages of information regarding your products and services, along with pictures and videos. 

With the right tools, you can even use the website as a selling platform. That means you need proper security so that people can use their credit cards to make online purchases through your website. 

Final Words

West Virginia is one of the best states in the US to start a business. All in all, an LLC is a great idea, and starting a small business in West Virginia is a good choice. Good with your business!

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