How To Start An LLC In Virginia: Step-By-Step Guide (Mar. 2026)

To start a Limited Liability Company (LLC) in Virginia, you must file the Articles of Organization with the Virginia State Corporation Commission (SCC) and pay a filing fee of $100.

My guide breaks down the full process of how to start an LLC in Virginia so you can follow clear steps until you’re fully operational.

How To Start An LLC In Virginia: My Step-By-Step Guide

Follow these seven steps so you can correctly complete your Virginia LLC formation process efficiently while avoiding common mistakes.

1. Check That Your Desired LLC Name Is Available

The first step is choosing an LLC name that is unique among existing Virginia business names and complies with the state’s naming rules, including restricted words, approved LLC designators, and other approval standards.

My recommendation is to use the Business Entity Search to review all existing businesses already registered with the SCC. Then cross-check your name using the Name Availability Check to confirm it can be registered.

In my Virginia LLC Name Search guide, I’ve explained the name search process and different state naming rules.

2. Pick A Suitable Registered Agent

Like other U.S. states, you must appoint and maintain a Registered Agent in Virginia. They are responsible for receiving and processing state correspondence, legal filings, and official state notices.

Your Virginia Registered Agent must:

1. Maintain a physical Virginia street address (You can NOT use a P.O. box).
2. Be available during normal business hours to receive and process documents.

If you appoint an individual Registered Agent in Virginia, note that eligibility rules are stricter than in most states. Under Code of Virginia § 13.1-1015, the agent must be a Virginia resident and fall within one of the permitted categories:

1. Be a member of the Virginia State Bar.
2. Be an individual with authority over the LLC’s management, either by direct ownership or through its parent entity.

If you use a Virginia business entity, it must be authorized to transact business in the state and legally permitted to act as your Registered Agent.

Read my article on Virginia’s Best Registered Agents for a full breakdown of your provider options and my recommendations.

3. File Your Articles Of Organization

Your LLC is only legally formed after its Articles of Organization are approved by the SCC. This is set under the Code of Virginia § 13.1-1004.

Use the following submission methods to complete your Articles of Organization filing, all of which require a $100 state filing fee:

1. Online via the SCC Clerk’s Information System (CIS): Applications are typically processed within 2-5 business days. You can also use expedited processing methods.
2. By mail: Applications take around 2 weeks plus postal time to process. This depends on the workload of the SCC and the mailing times.

You will receive a Certificate of Organization as proof of official business formation in Virginia once your filing is approved by the SCC.

Read my article on How To File Virginia LLC Articles Of Organization for a step-by-step walkthrough.

4. Complete Your Operating Agreement

State law does NOT require you to maintain an Operating Agreement when operating as an LLC. However, I advise against not having one for the following reasons:

• It formally documents your LLC’s decision-making powers and ownership percentages.
• It allows you to open a dedicated business bank account.
• It shows that your LLC is financially separated and properly run, helping you solve matters in disputes and court proceedings.

You do NOT need your Operating Agreement to be in writing under Code of Virginia § 13.1-1023. While an unwritten Operating Agreement is recognized, I recommend having a written one to be more enforceable.

You can use my free Operating Agreement templates below to help you complete this step. I’ve made one for each LLC management structure.

See my Virginia LLC Operating Agreement article for a complete guide.

5. Acquire Your LLC’s Employer Identification Number (EIN)

An EIN, also known as a federal tax ID, or FEIN, is a federal identification number issued by the IRS.

Your application method depends on your U.S. residency status. You do NOT need to pay for an EIN, regardless of your filing method.

• U.S. residents: You can apply online through the official IRS website if you have a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). The full process takes around 15 minutes, after which your EIN will be issued immediately. You can read my article on how to Obtain Your EIN By Online Submission for a full walkthrough.
• Non-U.S. residents: You can NOT use the online filing method if you’re a non-U.S. resident without an SSN or an ITIN. In this case, complete Form SS-4 and submit it by mail or fax. Applications typically take around four weeks to process. You’ll find detailed instructions in my article on Using Form SS-4 For Mail-In EIN Submission.

For a detailed walkthrough of the application process, read my article on How To Get An EIN For A Virginia LLC.

6. Obtain Your Necessary Virginia Business Licenses And Permits

That said, certain regulated industries and professions still require occupational licenses at the state level, typically handled online through the Virginia Department of Professional and Occupational Regulation (DPOR).

At the local level, you may also require:

• A local general business license, which applies regardless of your operating industry.
• Occupational/professional licenses, zoning permits, and other additional approvals, depending on your business location and activities.

You can read my article on How To Get Virginia Business Licenses For Your LLC to learn how to apply and the common licensing requirements.

7. Register Your Sales Tax Certificate (If Applicable)

Under Virginia law, you’re considered to be a dealer if your LLC makes taxable sales from a physical Virginia location (Office, warehouse, store) or even online platforms.

All dealers must obtain a Sales Tax Certificate of Registration before collecting and remitting Virginia Sales Tax under Code of Virginia § 58.1-613(A).

The Sales Tax Permit/Sales Tax License is officially issued as a Certificate of Registration by the Virginia Department of Taxation.

To register, you will need to submit an online application via the Virginia Department of Taxation’s iFile system. Prior to this, you must create a Business Tax Account. You will use this account for all your ongoing Virginia tax matters.

You do NOT need to pay an initial fee or renewal fee when registering and maintaining your Virginia Sales Tax Certificate. Your permit remains valid for as long as you operate or until it’s revoked by the state.

You’ll find everything you need to know about this requirement in my Virginia LLCs Sales Tax Certificate Of Registration article.

The Next Steps After Forming Your Virginia LLC

Once your LLC is officially formed in Virginia, you must complete a few additional steps to keep your business correctly structured and compliant. This helps maintain your limited liability protection, keep your personal and business finances separate, and ensure successful long-term business operations.

1. Open A Dedicated Business Bank Account

You should open a dedicated business bank account as soon as possible once your LLC is approved by the SCC. This provides critical separation to preserve your LLC’s limited liability and maintain clear financial records between your personal finances and business assets.

Most banks need your completed Articles of Organization, your EIN, and potentially your internal Operating Agreement before you can open an account. Some institutions may ask for a minimum initial deposit.

With bank fees and requirements varying, I recommend comparing different banks to find a suitable option offering your desired features and reasonable costs.

2. Pay Your Virginia LLC Annual Registration Fee

Virginia LLCs do NOT need to file an Annual Report. This only applies to corporations.

You must pay your fee by the last day of your LLC’s anniversary month. This starts the year after your formation year.

Example: Your LLC was approved on June 15, 2026.

• Your first annual registration fee is due by June 30, 2027.
• You must pay your annual registration fee every year thereafter.
• These rules apply even if your LLC was formed on the last day of the month.

You can use the SCC CIS to pay your fee online or submit your payment by mail. I recommend using the online payment as it’s faster and easier to complete.

My Virginia LLC Annual Registration Fee guide offers a detailed explanation.

3. Complete Your Virginia LLC Tax Obligations

Once formed, your LLC must meet federal and Virginia tax obligations based on its tax classification and business activities, as part of Virginia LLC requirements.

The IRS taxes your LLC at the federal level based on its classification:

• Single-member LLCs: Treated as a disregarded entity by default. Therefore, income is reported on the owner’s personal tax return.
• Multi-member LLCs: Treated as a partnership by default. Profits pass to members.
• Elected taxation: You may also elect to be taxed as a C-Corporation or S-Corporation if you file the relevant IRS forms. S-Corporations get pass-through treatment, while C-Corporations must pay corporate-level taxation.

Your Virginia LLC may need to pay additional state and local taxes depending on your business activities. This is especially common in regulated and asset-heavy industries.

Key Virginia State Agency Contact Information

Use the table below to find the primary Virginia government agencies you’ll need to interact with when setting up and maintaining your LLC.

1. SCC – Clerk Of The Commission

The SCC – Clerk of the Commission handles core LLC formation and administrative matters, including Articles of Organization filings, annual registrations, and relevant amendments.

Find their contact information here:

• Address: 1300 E. Main St., Richmond, VA 23219.
• Mailing address: P.O. Box 1197, Richmond, VA 23218-1197.
• Phone: 804-371-9733.
• Office hours: Monday to Friday, 8:15 A.M. to 5:00 P.M. (ET).
• In-person service: 8:30 A.M. to 10:30 A.M. (ET).

2. Virginia Department Of Taxation

The Virginia Department of Taxation oversees LLC tax matters, including registration, filing, and payment for sales tax and other tax accounts.

You can contact them at:

• Address: 1957 Westmoreland St., Richmond, VA 23230.
• Mailing address: P.O. Box 1115, Richmond, VA 23218-1115 (Not for tax returns).
• Phone: 804-367-8037.
• Office hours: Monday to Friday, 8:30 A.M. to 4:30 P.M. (ET).

Frequently Asked Questions