Deal alert! Northwest, our favorite company, is forming
LLCs for $39 (60% off!) See details.
If you filed your West Virginia LLC online using the One Stop Business Portal filing, and your LLC filing was rejected, don’t panic.
You might feel discouraged, but we can help you get things fixed and get your LLC up and running in just a few steps.
Filed by mail? If you filed your West Virginia LLC by mail, and your LLC name was rejected: you can just submit a new LLC name to the state. You shouldn’t have requested an EIN yet, so there’s no need to cancel it and get a new one.
West Virginia LLC rejected because name not available
Your West Virginia LLC might be rejected because your business name was unavailable. This means that either:
- another West Virginia business is already using that name
- or the name broke one of the West Virginia business name rules.
Here’s how to fix this and get your LLC approved.
Step 1: Submit a New LLC Name
The West Virginia Secretary of State will ask you to give them an alternate name.
Review the West Virginia business name rules to make sure your new LLC name meets all the requirements.
Then submit the new name to the Secretary of State (you can reply to their email, or call them).
After your new business name is approved and your LLC is created, you can then get a new EIN Number.
Step 2: Get a new EIN Number
Get a new EIN Number using your new LLC name. It’s free, and there’s no penalty for requesting another EIN for your LLC.
Follow our EIN Number for LLC instructions, and make sure to use your new LLC name.
Step 3: Update the state with your new EIN
Next, you must update the West Virginia State Tax Department with the new EIN number for your LLC.
Even though your LLC was approved by the Secretary of State with the new name, the original version of your application with the rejected name has already been sent to the State Tax Department.
Now you must update your West Virginia LLC’s Business Registration Certificate with the new, corrected EIN.
To do this, you can send the State Tax Department a message online, or mail them the new CP-575 with a note asking them to update your account.
The State Tax Department will update your account in a week or two after receiving the new EIN information.
Update EIN Online
Log into your MyTaxes account and send a message like this: “My LLC was initially rejected because of its name. I refiled my LLC with a new name and I have a new EIN from the IRS. Please update my account with my new LLC name and EIN Number.”
Make sure to attach a PDF of your new CP 575 (EIN Confirmation Letter) to the message.
Update EIN by Mail
You can also mail your new CP 575 to the State Tax Department at
West Virginia State Tax Department
PO Box 2666
Charleston WV 25330-2666
Include a letter that says something like this “My LLC was initially rejected because of its name. I refiled my LLC with a new name and I have a new EIN from the IRS. Please update my account with my new LLC name and EIN Number.”
Step 4: Cancel the old EIN
The last step in fixing your rejected LLC is to cancel the EIN for your old LLC name.
We have a step by step guide on how to cancel an EIN. It’s free, and there’s no penalty for canceling an EIN.
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.
WEST VIRGINIA LLC GUIDE
Follow the lessons below to form your West Virginia LLC.