Form a Business in Virginia
Filing fees, deadlines, registered agent rules, and tax structure for Virginia, verified against the Virginia State Corporation Commission (SCC), Clerk's Office on Jun 11, 2026.
Virginia at a glance
What makes Virginia different
- Virginia uses State Corporation Commission (SCC), NOT a Secretary of State. VA is one of only ~5 US states where business entity filings go to a constitutional commission rather than SOS. The SCC is a unique constitutional body created in 1902. All Corp, LLC,…
- Virginia has TWO Corp formation charges, not one. (a) Flat $25 filing fee, AND (b) Charter Fee tiered by authorized shares: $50 per 25,000 shares (or fraction) for first 1M shares; flat $2,500 above 1M shares. Example: 5,000 shares = $25 + $50 =…
- Corp Annual Registration Fee is tiered by authorized shares (NOT by net income or revenue): - 5,000 or fewer shares: $100 - Then $30 per additional 5,000 shares - Maximum $1,700 for 270,000+ shares - Authority:…
- LLC Annual Registration Fee is flat $50. Same fee regardless of size. Authority: Va. Code § 13.1-1062.
- Nonstock Corp (Nonprofit) Annual Registration Fee is flat $25. Authority: Va. Code § 13.1-936.
- Annual Registration due last day of formation-anniversary month. Calendar-fixed to entity-specific anniversary month.
- Late penalty: 10% of fee or $10 minimum for Corps; $25 flat for LLCs.
- Persistent delinquency consequences: - LLC: automatic cancellation by operation of law if AR fee not paid by last day of 3rd month after due date - Corp: automatic termination if AR fee not paid by last day of 4th month after…
Virginia tax structure
Sales tax 5.3%.
For detailed tax planning, see the Virginia State Corporation Commission (SCC), Clerk's Office and the Virginia Department of Revenue. File.Business is not a tax preparer, consult a CPA for personalized advice.
Ready to file in Virginia?
We handle Articles of Organization, registered agent service, annual report monitoring, and ongoing compliance, backed by our canonical Virginia ruleset (re-verified quarterly against Virginia State Corporation Commission (SCC), Clerk's Office).
Filing portal: https://sccefile.scc.virginia.gov/
Common questions.
What is the first step to start a business in Virginia?
The first real decision is your entity type, because it drives everything after: taxes, liability, and paperwork. For most small businesses in Virginia that means forming an LLC, which you do by filing a formation document with the state and naming a registered agent. Get the structure right first, then EIN, banking, and licenses follow in order. We walk you through the Virginia sequence so nothing is done out of turn.
Which business structure should I choose in Virginia?
Most Virginia founders land on an LLC for its liability protection and simple pass-through taxes, but a corporation makes sense if you plan to raise venture capital or issue stock. A sole proprietorship is simplest but leaves your personal assets exposed. The honest answer depends on your goals, so we lay out the LLC-versus-corporation trade-offs for Virginia rather than pushing one.
Do I need a registered agent in Virginia?
Yes. Virginia requires every LLC and corporation to name a registered agent with a physical in-state address to receive legal and state notices. You can be your own, but then your address is public and you must be available during business hours. Most owners use a service to stay private and never miss a notice. We include agent service so this box is checked from day one.
How much does it cost to start an LLC in Virginia?
The cost is the Virginia state filing fee plus any service you use, and Virginia also charges recurring fees such as an annual or biennial report. Our formation service itself is free, and we pass state fees through at cost with no markup. Because state figures change over time, current Virginia amounts are on the pricing page rather than quoted here where they could go stale.
Do I need a business license in Virginia?
Often yes, and it is usually layered. Virginia may require a state-level license for certain activities, and your city or county frequently adds its own, plus industry permits. Very few businesses need nothing at all. We map every Virginia license and permit your specific business needs so you open legally instead of guessing which ones apply.
What taxes will my Virginia business pay?
It depends on your structure and activity, but expect some mix of federal income and self-employment tax, Virginia state taxes where they apply, and sales tax if you sell taxable goods. Some states have no income tax while others add franchise or gross-receipts taxes. Once profits grow, an S-corp election can reduce self-employment tax. We flag which Virginia taxes actually apply to you rather than listing every possibility.
Do I need an EIN for my Virginia business?
Almost certainly. You need an EIN to open a business bank account, hire employees, or file most business taxes, and it keeps your Social Security number off company paperwork. It is free from the IRS, and our value is getting it right and fast, including for founders without an SSN. We obtain it as part of setting up your Virginia entity so banking is not held up.
Can I form my business in another state instead of Virginia?
You can, but if you operate in Virginia it usually backfires. Forming in Delaware or Wyoming while doing business in Virginia means registering in Virginia as a foreign entity anyway and paying two states. The out-of-state advantage is real mainly for venture-backed or holding companies. For a business rooted in Virginia, forming at home is almost always cheaper and simpler.
What are the ongoing compliance requirements in Virginia?
After formation, Virginia expects you to keep a registered agent, file the periodic annual or biennial report, pay any state fees, and renew licenses on schedule. Miss these and the state can revoke your good standing or dissolve the entity. We track your Virginia deadlines in a compliance calendar and can file the reports for you so nothing lapses while you run the business.