West Virginia LLC Name Rejection

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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 Horwitz


Matt Horwitz
Founder & Educator, LLC University®
Matt Horwitz has been the leading expert on LLC education for the past decade. He founded LLC University in 2010 after realizing people needed simple and actionable instructions to start an LLC that other companies weren't offering. He's cited by Entrepreneur Magazine, Yahoo Finance, and the US Chamber of Commerce, and was featured by CNBC and InventRight.
 
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.

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