Form a S-Corp in Virginia

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

$25
Filing Fee
5-7 business days
Processing Time
$50
Annual Tax
Required
Registered Agent

How to File

1

Choose a Corporate Name

Select an available name that includes Corporation, Corp., Incorporated, Inc., Company, or Co. Check availability through Virginia SCC.

30 minutes

2

Appoint a Registered Agent

Designate a Virginia resident or entity authorized to do business in Virginia to receive legal documents.

15 minutes

3

File Articles of Incorporation

Submit Articles of Incorporation to Virginia State Corporation Commission with required information and filing fee.

45 minutes

4

Obtain EIN from IRS

Apply for Federal Employer Identification Number online through IRS website for tax purposes.

20 minutes

What's Next After Filing

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

  • File Form 2553 with IRSSubmit IRS Form 2553 within 75 days of incorporation to elect S-Corporation tax status.
  • Create Corporate BylawsDraft bylaws outlining corporate governance, officer duties, and operational procedures.
  • Issue Stock CertificatesIssue stock to initial shareholders and maintain proper stock records and transfer ledgers.

Advantages

  • Pass-through taxation avoids double taxation
  • Limited liability protection for shareholders
  • Enhanced credibility with customers and vendors
  • Easier to attract investors and obtain business loans

Considerations

  • Strict IRS eligibility requirements and restrictions
  • Limited to 100 shareholders with ownership restrictions
  • Required annual filings and corporate formalities

Annual Obligations

Franchise Tax:$50
Annual Report Fee:$25
Report Due:Last day of registration month
Annual registration fee is $50 minimum. Annual report filing fee is $25. Due by the last day of the corporation's registration month.
Last verified: December 2025Source

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