How to Form an LLC in Virginia

37 comments on “Virginia LLC”

1. 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.

2. 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 :)

3. 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!

4. 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!

5. 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!

6. 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.

7. 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.

8. Hi,

   I need to form a PLLC in Virginia (as a licensed psychologist). Does this also cover PLLC formation? From what I’ve read so far, they would need confirm my license status and the state board of Psychology would also need to approve the business formation? Could you share what the prices is for this? Thanks!

   • Hi LRB, our lessons don’t go into the details of PLLC formation, however, the process is very similar. Instead of filing Articles of Organization (Form LLC-1011), you’ll be filing Articles of Organization (Form LLC-1103). The forms are very similar, except that Form LLC-1103 asks for the type of professional services being rendered. You may need to follow-up on the following, but it doesn’t look there are any requirements for the Virginia State Corporation Commission to verify your license. We’re not sure about whether the Board of Psychology will need to approve the PLLC filing, needs a copy of the AOO after the fact, or they don’t need anything at all, so you’ll need to reach out to them. The filing fee for a PLLC is the same as a regular LLC; both are $100. Hope that helps!

9. Hi,
   My siblings and I inherited our parents property. It has been probated. We wish to keep the property and rent it out. How do I set up a multi member LLC that includes us all?

   • Hi Sandy, if the property is in Virginia and you’re forming a Virginia LLC, you’d file the Articles of Organization (which doesn’t list the Members) and then have all Members sign a Virginia LLC Operating Agreement. The Operating Agreement is where the membership is set. Hope that helps.

10. Hi,
    I want to establish an architect and designing service website. I designed for clients in DC and submitted the set of drawings to DCRA to get Building Permit. Now I live abroad and want to run a business in DC via the website (freelancer). VA llc cost is cheaper than DC. Can I have the LLC registered in VA and have my online business in DC. Could you please help me? Thanks

    • Hi DK, you may want to check with the DCRA, however, it sounds like you’re still doing business in the District. So even if you formed an LLC in VA, it’s likely you’ll need to register as a Foreign LLC in the District of Columbia. Hope that helps.

11. Hello,

    Thank you so much for all the information you’re providing, it’s been really helpful!
    I filed to register an LLC at December 21st, 2018. Would that mean I would need to file for tax in 2018? I just received the certificate of organization but have not yet filed for EIN.

    Thanks so much!

    • Hi Susan, you’re very welcome! You’ll want to have a conversation with an accountant in Virginia, as we’re not sure about any state or local returns that may need to be filed. Hope that helps.

12. Hi Matt Horowitz,

    Thank you for this wonderful information!

    I have a small online retail (e-commerce) business. Though I live in California, only a fraction of my sales are to California customers. I really don’t do enough in revenue to afford the annual $800 for a CA LLC, but it is limiting my ability to grow, since some distributors won’t do business with me if I don’t have an EIN. And of course, I would want to to be another step removed from a sole proprietorship in terms of indemnity.

    In this situation, does it actually make sense for me to register an LLC in a different state? It’s a catch-22 as long as I’m in CA, I’m afraid.

    I appreciate your thoughts.

    Jeffrey

    • Hi Jeffrey, you’ll want to review what it means to be doing business in California. Hope that helps.

13. hi, I was trying to create LLC via online process on VASCC ( Virginia state website) and i tumbled upon a step which says upload attachment, it doesn’t mention anything on what this attachment is about or what form/ document to be submitted. Can you pls guide ?

    Additionally, we have 2 member LLC, one is obviously the RA, but other member is no where to be listed, does that mean, I need to absolutely file the Operating agreement which list all the members or where else i can list all the members ? as the Operating agreement is not mandatory for state of virginia LLC creation.
    Thanx for your help.

    • Hi Sam, the attachment part is optional and isn’t used by most people. You can just skip it. The LLC Members (owners) are not listed in the Virginia Articles of Organization. The Members are listed in the LLC Operating Agreement. For a great paper trail though, you can have the LLC Organizer(s) sign a Statement of LLC Organizer. You and/or your partner can be the LLC Organizer(s) (Virginia allows for more than 1 Organizer). So you and/or your partner can sign the Statement of Organizer. It’ll basically say that you both organized the LLC and that you are both Members. This document is like the “connection point” between the Articles of Organization and the Operating Agreement. However, officially, the LLC membership (ownership) really occurs in the Operating Agreement. But again, this just keeps everything really organized and easy to follow. You don’t need to file your Operating Agreement with the state. Hope that helps!

14. Hey I live in a county in Virginia where I don’t need a business license to sell stuff, I will be making/selling vinyl decals, t-shirts, and décor items. Should I get a business license, registration and make an LLC anyway? I will be working/making them at home if that helps.

    • Hi Dylan, it’s certainly your choice whether to form an LLC or operate as a Sole Proprietorship. You are not required to form an LLC. We have more information here: LLC vs Sole Proprietorship. Hope that helps.

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