Forming a business in West Virginia is straightforward once you know the structure that fits, the fees, and the steps. This guide covers LLC vs. corporation, the real cost to file, and how to stay compliant — and FileForms can form and maintain your West Virginia entity in all 50 states.
Choose Your Structure
Both protect your personal assets and are formed with the West Virginia Secretary of State. The right choice comes down to how you’ll be taxed, who will own the business, and whether you plan to raise outside capital.
| Factor | LLC | Corporation |
|---|---|---|
| Liability protection | Yes — members’ personal assets protected | Yes — shareholders’ personal assets protected |
| Taxation | Pass-through by default; can elect S- or C-corp treatment | C-corp by default (double taxation); can elect S-corp |
| Ownership | Flexible — members, no share structure | Shareholders holding stock; easy to transfer |
| Formalities | Minimal — no board, bylaws, or annual meetings required | Board of directors, bylaws, minutes, annual meetings |
| Raising capital | Harder to bring on equity investors | Preferred by VCs and investors; can issue stock/options |
| Best for | Small businesses, real estate, professional services, solo owners | Startups raising capital, companies planning to offer equity |
What It Costs
The base state fees are the same for LLCs and for-profit corporations. Every business also needs a Business Registration Certificate, and an annual report keeps you compliant after formation.
| Item | Agency | Fee | Notes |
|---|---|---|---|
| Articles of Organization (LLC) | WV Secretary of State | $100 ($101 online) | Filed via One Stop Business Portal (business4.wv.gov) |
| Articles of Incorporation (Corp) | WV Secretary of State | $100 ($25 nonprofit) | Same portal; for-profit vs. nonprofit fee differs |
| Business Registration Certificate | WV State Tax Department | $30 (one-time) | Required for every business before operating |
| Registered agent | Private / FileForms | $149 / yr (FileForms) | A physical WV address is required |
| Annual report | WV Secretary of State | $25 / yr | Due June 30; $75 late penalty after July 1 |
| Expedited processing | WV Secretary of State | $25 / $250 / $500 | Next-day / two-hour / one-hour (optional) |
Standard processing runs about 5–10 business days. Veteran-owned businesses may qualify for a fee waiver — confirm current eligibility with the WV Secretary of State. Fees verified July 2026; confirm on the official state portal before filing.
How It Works
Six steps take you from idea to a compliant West Virginia entity — and FileForms can handle every one of them.
Decide between an LLC and a corporation based on taxation, ownership, and your plans to raise capital (see the comparison above).
Pick a name that’s available and meets West Virginia’s naming rules, then confirm availability with the Secretary of State.
Every WV entity needs a registered agent with a physical West Virginia address. FileForms provides one with real-time digital delivery.
File Articles of Organization (LLC) or Articles of Incorporation (Corp) with the WV Secretary of State through the One Stop Business Portal and pay the $100 fee.
Register with the West Virginia State Tax Department for the $30 Business Registration Certificate every business must hold.
File your annual report by June 30 each year and keep your registered agent active. FileForms tracks and files it automatically.
Why FileForms
FileForms doesn’t just file your formation — it becomes your compliance system of record for West Virginia and every other state.
We file your Articles, obtain your Business Registration Certificate, and set up your registered agent — so your entity is fully operational, not just filed.
Your required West Virginia registered agent comes with a private commercial address and real-time digital delivery of any legal notice.
FileForms tracks your June 30 annual report and every other deadline, filing on time so your entity never loses good standing.
Planning to operate in more than one state? Form in West Virginia and foreign qualify elsewhere — all from a single dashboard.
CPAs, attorneys, and corporate service providers form and manage client entities at scale with FileFormsPRO — wholesale pricing and white-label included.
Your formation documents and entity data are protected by SOC-II compliance and enterprise-grade encryption.
What Professionals Are Saying
“FileForms has proven to be a game-changer for managing federal and state compliance filings. The platform not only streamlines complex reporting processes but also creates new opportunities for accountants to expand their service offerings and generate additional revenue.”
— Tax Rep Network, Trusted Network of CPAs & Accountants
Common Questions
Everything people ask us about starting a business in West Virginia.
Most small businesses choose an LLC for its liability protection, pass-through taxation, and minimal formalities. A corporation makes more sense if you plan to raise venture capital, issue stock, or offer equity to employees. Both are formed with the West Virginia Secretary of State and both need a registered agent and a Business Registration Certificate.
The West Virginia Articles of Organization filing fee is $100 ($101 online through the One Stop Business Portal). Every business also needs a Business Registration Certificate from the State Tax Department for a one-time $30 fee, so the minimum first-year cost is about $130 plus your registered agent.
The West Virginia Articles of Incorporation filing fee is $100 for a for-profit corporation ($25 for a nonprofit), plus the $30 Business Registration Certificate. Expedited processing is available for $25 (next day), $250 (two hours), or $500 (one hour).
Yes. Every West Virginia LLC and corporation must appoint and maintain a registered agent with a physical West Virginia address to receive legal notices. FileForms provides your West Virginia registered agent as part of formation.
It’s a certificate from the West Virginia State Tax Department that every business must obtain before operating, for a one-time $30 fee. It registers you for state taxes. FileForms handles it alongside your formation filing.
Standard processing takes about 5 to 10 business days. West Virginia offers expedited service for an added fee — $25 for next-day, $250 for two-hour, and $500 for one-hour processing.
Yes. Every West Virginia LLC, corporation, and nonprofit files an annual report between January 1 and June 30 each year for a $25 fee; a $75 late penalty applies after July 1. FileForms tracks and files it for you.
Yes. FileForms forms West Virginia LLCs and corporations — filing your Articles, obtaining your Business Registration Certificate, providing your registered agent, and tracking annual reports — and can do the same in all 50 states from one dashboard.
Related West Virginia Compliance
Formation is day one. Explore the related filings FileForms manages for your West Virginia entity — all from a single dashboard.
The registered agent every WV entity needs — private address, real-time digital delivery.
Deadlines, fees, and one-click annual report filing to keep your entity in good standing.
Get a West Virginia Certificate of Existence for financing, banking, or expansion.
FileForms files your Articles, obtains your Business Registration Certificate, and provides your registered agent — then keeps you compliant in all 50 states from one dashboard.
