Form a LLC in Virginia

Everything you need to know about forming a LLC in Virginia. Filing fees, requirements, timeline, and step-by-step guidance.

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$100
Filing Fee
1-2 weeks (mail); same day to 1-2 business days (online)
Processing Time
Required
Registered Agent

How to File

1

Choose a Name for Your LLC

Select a unique business name that includes 'Limited Liability Company,' 'LLC,' or 'L.L.C.' and complies with Virginia naming rules. Use the Virginia SCC's free business name search tool to confirm availability before filing.

30 minutes

2

Designate a Registered Agent

Appoint a registered agent who has a physical street address in Virginia (P.O. boxes are not permitted) and is available during normal business hours to receive legal documents. This can be an individual Virginia resident or a registered commercial agent service.

15 minutes

3

File Articles of Organization

Submit the Articles of Organization (Form LLC-1011) to the Virginia State Corporation Commission online via the Clerk's Information System (CIS) or by mail, along with the $100 filing fee. The articles must include the LLC name, registered agent information, and principal office address.

1 hour

4

Create an Operating Agreement

Although not legally required by Virginia law, drafting an operating agreement is strongly recommended to define member roles, ownership percentages, profit distribution, and management structure. This internal document helps prevent disputes and reinforces the LLC's liability protection.

2-4 hours

What's Next After Filing

Once your LLC is officially formed, you'll want to complete these important steps:

  • Obtain an EIN from the IRSApply for a Federal Employer Identification Number (EIN) through the IRS website at no cost, which is required for opening a business bank account, hiring employees, and filing federal taxes. Single-member LLCs without employees may use the owner's SSN but an EIN is still recommended.
  • Register for Virginia State TaxesRegister your LLC with the Virginia Department of Taxation through the iReg online portal if you will be collecting sales tax, have employees, or owe other state taxes. Virginia LLCs with employees must also register for unemployment insurance with the Virginia Employment Commission.
  • File Annual Registration and Maintain CompliancePay Virginia's annual registration fee of $50 to the SCC each year by the last day of the month in which your LLC was formed, and maintain a registered agent and current records to keep your LLC in good standing. Obtain any required local business licenses or permits for your specific industry.

Advantages

  • Low annual maintenance cost with only a $50 annual registration fee and no separate franchise tax, making Virginia one of the more affordable states for LLC upkeep.
  • Virginia has a straightforward and fast online filing system through the SCC's Clerk's Information System (CIS), allowing LLCs to be formed quickly, often same-day when filed online.
  • Strong limited liability protection shields members' personal assets from business debts and legal judgments, consistent with Virginia's well-established LLC statutes under Title 13.1.
  • Virginia's robust economy, proximity to federal government contracts, and business-friendly regulatory environment make it an attractive state for LLC operations and growth.

Considerations

  • Virginia requires a physical registered agent address in the state, which may add cost for out-of-state owners who need to hire a commercial registered agent service.
  • LLCs with employees or taxable sales must navigate separate registrations with the Virginia Department of Taxation and the Virginia Employment Commission, adding administrative complexity.
  • Out-of-state LLCs doing business in Virginia must file a Certificate of Registration (foreign qualification) with the SCC and pay a $100 fee, plus ongoing annual fees, adding cost for multi-state operators.

Annual Obligations

Annual Report Fee:$50
Report Due:Last day of the month in which the LLC was formed (anniversary month)
Virginia does not impose a separate franchise tax on LLCs. The $50 annual registration fee is paid to the Virginia State Corporation Commission and is due each year by the last day of the LLC's anniversary month. Failure to pay can result in administrative dissolution. Virginia LLCs are also subject to state income tax and may owe pass-through entity taxes depending on their election. Beginning in 2024, Virginia allows pass-through entities to elect to pay the PTE tax at the entity level at a 5.75% rate.
Last verified: June 2026Source

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