West Virginia is an up-and-coming state, that has a constantly developing economic and business climate and infrastructure. With many describing WV as the state of small business, and this claim is backed up well by the efficient and straightforward process when it comes to registering a business in West Virginia, resulting in more and more people deciding to call the mountain state as their new home of business.
If you are looking at starting your own company, registering a business in West Virginia is a very smart choice and we will show you how to register a company within the state. It has a straightforward and efficient process, and a huge focus on helping support small businesses so they can thrive within their respected communities.
With a low cost of living, much potential and opportunities presented by the comparatively smaller economy, a solid labor market, low corporate tax rates, and affordable West Virginia Secretary of State registration filing fees, it is unsurprising why people are diverting their attention to a state with such small business potential to start their journey to entrepreneurial success. Read on to learn the steps you need to take to register a business in West Virginia.
How to Register a Business Name in West Virginia – 7 Easy Steps
The West Virginia Secretary of State makes it pretty easy to register your business name and here are the three ways you can do this:
- 1. Do it yourself directly on their website.
- 2. Pay a document filing company that can register everything online for you – there is a modest fee for this but it saves a lot of time and ensures it is done correctly.
- 3. Hire an attorney or accountant to file and register your new company – there are higher fees associated with this.
Step 1 – Determine your registered name
Firstly, you must determine that your business name is unique and not being used by someone else. A business registration company can do this research on your behalf or alternatively, you can search directly on the West Virginia Secretary of State website.
Once you have established your name is available you can register a business name in West Virginia directly on their website if you are comfortable with the process. Or, if you want a company to do this for you that specializes in this, you can use an online registration service to do it.
These document filing companies usually offer a free registered agent service for one year with most of their packages which is often a necessity for new businesses if you don’t have a dedicated business address, or those that are being registered by foreigners with no U.S. address.
Before doing any of this, you must decide on the right structure.
Step 2 – Choose the right entity
You need to choose the right type of business to register and the most common options are a limited liability company (LLC) or an incorporated company (Inc.). If you are keeping things really small and simple (one or two people), then you may consider a sole proprietorship or a general partnership.
Even if you plan to be a solopreneur, it is usually more beneficial for you to register a West Virginia LLC to make sure, as the owner, you have limited liability under this structure, and so you can benefit from the pass-through tax advantages.
Here is a quick rundown of the various options and what they might mean to you:
- Limited Liability Company: A West Virginia LLC is often the best route for most entrepreneurs because the structure comes with personal asset protection, no double taxation, is fairly easy to maintain and does not have high registration or annual renewal costs. Through LLC formation you have better tax flexibility and income can be taxed as a pass-through entity like a sole proprietor or partnership, or as a corporation.
- Incorporated Company: A West Virginia Corporation offers personal asset protection and your company can own property, vehicles, incur liabilities, and is responsible for its own debts and can conduct business without the owners risking their personal assets such as their homes, cars, personal savings, retirement, etc. Alternatively, owners of sole proprietorships or partnerships face unlimited liability for both business and personal assets.
Step 3 – Make sure your name is not being used by another company
This may seem obvious, but if you check the West Virginia Secretary of State website and see that your chosen business name is available, that may seem fine, but that doesn’t mean someone else is not using that same or similar name, particularly in another state.
Many people register an “official business entity name” and trade under a different name. This is called a West Virginia dba, or “doing business as” name or assumed trading name, and needs a separate DBA certificate.
You will want to do a Google search for your official name and your desired trading name (if different) to make sure no one else is using this name. Most importantly, you will want to make sure you can get an easy-to-remember website domain name that is not being used by someone else.
Having an awesome name or trading name for your business can be crucial to your success, so making sure the domain name is available too, and registering it right away, is equally as important.
Finally, if you go to the West Virginia Secretary of State website and discover that someone else has registered the name you would like, you can search for variations of that name by adding a word before it or after it, or using some other variations until you find a name that is available and acceptable for you.
Step 4 – Request an Employer Identification Number (EIN)
Once you have registered your new business in West Virginia you will need to get an EIN for a number of reasons. These include paying taxes for your business, opening a bank account, obtaining credit cards or lines of credit, establishing terms with vendors and suppliers, hiring employees, and more.
There are only a few instances where you likely won’t need an EIN. More often than not, many business activities are just not possible without having an EIN.
An EIN is the business equivalent of a social security number and is used to track your business dealings. Even if you do not intend to hire employees, you will almost certainly still need an EIN for your West Virginia company and it protects you from having to use your social security number.
For more information on how to get an EIN number in West Virginia use our guide where you will find downloadable forms and links to the online process with the IRS.
An EIN (also known as a federal tax id) is free to obtain from the IRS, and you can apply online but if you are not comfortable filling in forms you can use a third-party document filing service to do this for you for a small fee. This ensures you are 100% compliant with the law and they handle everything with the IRS.
Step 5 – Obtain the Required Business Licenses and Permits
To operate your business in West Virginia you must comply with federal, state, and local government regulations. West Virginia law does not require a small business owner to have a “general” license to operate.
You will, however, need specific permits for specific businesses. For example, if you open a restaurant or similar food-related business you will most likely need a health permit, sales tax permit, facilities permit, and others. If you plan to sell alcohol, you will need a liquor license, essentially it all depends on the type of products and services your business is going to offer.
You must find out how to obtain the necessary West Virginia business licenses and permits, this link will allow you to search for your type of business and its location in order to familiarize yourself with the permits and licenses your business may require to operate in West Virginia. You can also access the relevant forms you will need to complete.
Alternatively, you could hire a professional document filing company to do this for you. It eliminates a lot of time and hassle and ensures you are correctly complying with West Virginia law. After all, West Virginia has no single generic business license that will ensure compliance with all requirements.
Step 6 – Determine Your Business Employer Requirements
There are several things you need to check regarding your responsibilities as an employer in West Virginia because there are requirements you must meet at the federal and state level. These could include various workforce commissions, safety, and state tax obligations, as well as labor law requirements including the minimum wage in West Virginia and employee rights and remedies under the West Virginia minimum wage act.
To learn more about West Virginia employer resources take a look at the West Virginia Division of Labor website.
Step 7 – Open a Business Bank Account for your West Virginia Company
As a new business owner, you should seriously consider separating your personal and business bank accounts to make it easier to track and account for your income and expenses. For certain business types, such as an LLC or a Corporation, it is essential that you open a separate business bank account to maintain your liability protection.
Once you have your EIN and your company registration documents, coupled with your driver’s license, you are ready to go to the bank and open your checking account.
Don’t worry, this won’t be expensive or leave you burdened with hefty monthly fees to pay – there are many free business bank accounts out there for you to choose from. Each has its different features and benefits, so you can decide what bank and checking account best suits your needs.
Summarizing Registering a Business in West Virginia
West Virginia is just starting to get a reputation for being a very good small business environment, which is evident in the number of small businesses within the state when you compare this with the state’s comparatively low population.
This has been made a reality due to the state’s constant focus on aiding and boosting small businesses through the various small business development centers, grants, and advisories, offering free business advice to the extreme benefit of aspiring and current entrepreneurs.
Small businesses do well in West Virginia due to its low state taxes (7% flat corporate income tax rate), affordable and readily available commercial retail, and office space commercial, retail, and office space for businesses to succeed in, a low cost of living, high salaries, a solid labor market, and plenty of opportunities.
The state fee for registering a business in West Virginia is $100 for an LLC and a corporation. The annual filing fee to maintain your LLC and corporation is $25 each.
The Mountain State is committed to your success and has many resources at your disposal that you can take advantage of.
Resources for Small Businesses in West Virginia
Whether you decided to register as an LLC, Corporation, Partnership, or simply as a Sole Proprietor in West Virginia you are going to need to tap into the resources available to you to drive your small business forward.
West Virginia has a number of small business development centers that are dedicated to supporting business owners. This covers everything from crafting business plans to navigating the state’s tax codes. Visit the West Virginia Small Business Development Center website to find out more.
Not only are there small business development centers tailored around working with small businesses and startups for growth and development, but SCORE volunteer business professionals and expert mentors are readily available and are free to use for those looking to begin or further their entrepreneurial journey.
Here are some additional small business resources in West Virginia:
- West Virginia SCORE: SCORE volunteer business professionals and expert mentors are readily available and are free to use for those looking to begin their entrepreneurial journey.
- West Virginia SBA: The U.S. Small Business Administration (SBA) helps small business owners and entrepreneurs pursue the American dream. The SBA is dedicated to small businesses and provides counseling, capital, and contracting expertise as the nation’s only go-to resource and voice for small businesses.