How to Form an LLC in Virginia
A Virginia Limited Liability Company (LLC) is a legal structure used to protect your personal assets (home, car, bank account) in the event your business is sued.
An LLC can be used to operate a business, or an LLC can be used to hold assets (such as real estate, vehicles, boats, or aircraft).
Forming an LLC in Virginia is simple. Search your Virginia LLC name in the state database, file your LLC Articles of Organization and pay the state filing fee ($100).
After your Virginia LLC is approved, complete your Operating Agreement, obtain a Federal Tax ID Number, and pay your $50 Annual Registration Fee every year (see Lesson 2 video at 7m 30s).
We’ve created a free video course that will walk you through forming your own Virginia LLC, step-by-step.
On desktop, the video lessons are listed on your right. On mobile, the video lessons are listed at the bottom of the page.
IncFile ($49 + state fee) or LegalZoom ($149 + state fee)
23 Comments
I am the only member of my llc and would like to add a non member as a signer on the business account in case of emergencies…does her ability to draw from the account dissolve upon my death?
Hi Cheryl, I imagine it does not, but I’d check with the bank (as I’m not 100% sure), since adding this non-member as a signer would be done with the bank, and likely on their documentation. Whichever option you choose, I’d also draft a separate document (or add to your Operating Agreement) which includes your desired outcome. Also keep in mind, that if you pass away, and even with an agreement in place, that might not stop someone from continuing to draw on the account.
Hey Matt,
Your videos walked me right through this process. I had no idea who to turn to, but once I came across your info on YouTube, I just ate up the information. I sent my paperwork yesterday to become an LLC. Thank you!
How long does it usually take for them to let you know if they have approved your LLC?
Hey Laskishia, SO AWESOME to hear!! Congratulations! Virginia LLCs are typically approved by the state in 10-15 business days. Hope that helps!
Thank you. That is helpful!
You’re welcome :)
Let’s say I set up an LLC in Virginia, but move to Florida. Can I still operate with that company or do I need another type of entity to be able to operate across state borders?
Hi Faith, there are usually 3 ways to “move” an LLC. Domesticate the LLC from Virginia to Florida, shut down the Virginia LLC then form a Florida LLC, or register the Virginia LLC as a Foreign LLC in Florida. How soon are you moving to Florida? If relatively soon, you could also consider just forming the LLC in Florida. Hope that helps.
Thank you so much for your help. I may just register a new LLC altogether in Florida as I anticipate moving between both states quite a bit. The plan is to work in Virginia during Spring and Summer and do similar work in Florida during Autumn and Winter…getting to be that age, you see :)
Hi Faith, I hear you. Sounds nice :) I think the Florida LLC would be a good route to go then. In terms of setting up an address, Florida is a unique state in that they specifically allow your Registered Agent address (as well as all other addresses on the Articles of Organization) to be a virtual office, private mailbox, or commercial mail receiving agency. So you could set up an address with The UPS Store (or similar company) and use that to form your Florida LLC. You can also serve as your Florida LLC’s Registered Agent to save money. If you’re going to setup an address like that, we’ve put together a private mailbox questionnaire which should help you find the best one to go with. Hope that helps!
Wow! Thank your for all your help. This is great information to have.
You’re very welcome Faith!
Matt,
I’m in a similar situation as Faith. When bouncing between states every few years, would it be best to have an LLC in both states or register one as a foreign-LLC?
Hey Edward, taking into considering your comment from the other webpage, I think forming a Domestic LLC in Florida is the way to go, then registering as a Foreign LLC in the state where you are for a few years. Hope that helps.
Thank you!
Hi Matt,
I am expanding my real estate portfolio and decided to form an LLC. I spoke with someone who recommended setting up a separate LLC for each rental property for peace of mind. I currently reside in VA and have a property in CA. Will I need to form an LLC in the state in which my property resides in? CA fees are high so I am looking into all of my options. Also, if my husband and I are the only members would we be forming an LLC Partnership?
Hi Michelle, yes, since you’re doing business in California, you should form an LLC in California. And yes, the California Annual Franchise Tax is expensive, but that is the cost of doing business in the state. You’ll also want to speak with a few accountants regarding any additional tax filings that you may need to make in California. The proper way to explain a Multi-Member LLC is that you are forming an LLC that is taxed as a Partnership. You are not “forming” an LLC Partnership. Said another way, you simply form an LLC. Then the IRS taxes your LLC like a Partnership. I know there’s a lot of links already in this reply (lol!), but do also check out how LLCs are taxed. I think that will help. Best wishes!
Thanks. That was a terrific tutorial. Easy to follow and exactly what I needed to get my LLC up and running in Virginia.
A colleague recommended to me that I register for Subchapter S filing status with the IRS. Any comments with regard to that?
You’re very welcome! I would consider the Subchapter S filing once your net income reaches a reasonable amount. For most filers, this is not always the case for the first year in business, however, we have all the details here: LLC taxed as S-Corp. Hope that helps!
Mark, I live in Virginia and everyone tells me I should create the LLC in Delaware, is that a good way to go?
Hi Jo, if you’re living and doing business in Virginia, then that’s where the LLC needs to be registered. You can either form a Domestic LLC in Virginia or you can form a Domestic LLC in Delaware and then register it as a Foreign LLC in Virginia. If you form in Delaware and then register as a Foreign LLC in Virginia, you’ll need to pay LLC filing fees and LLC annual fees in both states. I recommend reading the following two articles: what’s the best LLC state and why you shouldn’t form an LLC in Delaware. Hope that helps.
My husband and daughter decided to start a take out restaurant. Because it was just them two, they assumed that they had to form a general partnership. When they started to open a bank account the banker told them that it was best to become an LLC. They had already been assigned a EIN under the partnership, because we didn’t know that there is an order to this. Well now I am being added as an owner so I wrote to IRS to cancel the current EIN so that we can apply for a new one as an LLC. My question is am I doing this correctly?
Hi Susan, sort of. You’ll first want to cancel the first EIN. You don’t have to wait for that to go through before forming an LLC. Wait for your LLC to be approved by the state. After the LLC is approved, then get a new EIN for the LLC. Hope that helps.