To start an LLC in Virginia, you file Articles of Organization with the Virginia State Corporation Commission (SCC) and pay a $100 filing fee, then keep the company active with a $50 annual registration fee. You also need a Virginia registered agent, a free EIN from the IRS, and the right state tax and local business license registrations before you open for business.

This guide walks through every step with the official source for each fee and rule, plus the Northern Virginia and statewide programs that help founders for free.

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Virginia LLC costs at a glance

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ItemCostWhenSource
Articles of Organization (domestic LLC)$100Once, at formationVa. Code § 13.1-1005
Name reservation (optional)$10 for 120 daysBefore filing, if you want to hold a nameVa. Code § 13.1-1013
Annual registration fee$50 per yearBy the last day of your anniversary monthVa. Code § 13.1-1062
Late annual registration penalty$25If the annual fee is paid lateVa. Code § 13.1-1064
Foreign LLC registration (formed in another state)$100Once, when you register to do business in VirginiaVa. Code § 13.1-1005
EIN from the IRSFreeAfter formationIRS
Local business license (BPOL)Varies by localityAfter you start doing businessYour city or county

Fees are set by the Virginia Code. Confirm current amounts and any payment processing charges on the SCC's LLC forms and fees page before you file.

Step 1: Choose a name that meets Virginia rules

Under Va. Code § 13.1-1012, your LLC name must include "limited company" or "limited liability company," or one of the abbreviations "L.C.," "LC," "L.L.C." or "LLC." It cannot suggest that the business is a corporation, limited partnership or registered LLP, and it must be distinguishable from other names already on the SCC's records.

Search existing names in the SCC's Clerk's Information System (CIS) first. If you are not ready to file, you can reserve a name for 120 days for $10, and renew the reservation for another 120 days for $10 (§ 13.1-1013).

Founder tip: check that the matching domain and social handles are free before you commit. Renaming after you have a website, bank account and contracts is far more painful than picking carefully now.

Step 2: Appoint a Virginia registered agent

Every Virginia LLC must keep a registered office in Virginia and a registered agent who can accept legal papers there (Va. Code § 13.1-1015). Virginia is stricter than many states about who can serve. Your agent must be one of these:

  • A Virginia resident who is a member or manager of the LLC (or an officer, director or similar leader of an entity that is a member or manager)
  • A Virginia resident officer of the LLC who is available at the registered office during business hours
  • A Virginia resident who is a member of the Virginia State Bar
  • A corporation, LLC or registered LLP authorized to do business in Virginia (a commercial registered agent service)

If you live in Virginia and manage the LLC, you can be your own agent, but your address becomes public. Many founders who work from home use a commercial agent for privacy. Founders based in DC or Maryland who form in Virginia must use a Virginia-resident individual who qualifies or a registered agent company.

Step 3: File Articles of Organization with the SCC

File your Articles of Organization (Form LLC-1011) with the Virginia State Corporation Commission, Office of the Clerk. Most founders file online through the SCC's Clerk's Information System (CIS), which is also where you will pay your annual registration fee each year. The filing fee is $100 (§ 13.1-1005).

You will need your LLC name, registered agent name and Virginia registered office address, and your principal office address. Check the SCC's LLC FAQs for current processing and expedited service options.

Already formed in another state? If your LLC was formed in Delaware, DC or elsewhere and you are doing business in Virginia, you register as a foreign LLC instead. That application also costs $100 (§ 13.1-1005).

Step 4: Write an operating agreement

Virginia does not require an operating agreement, and you do not file one with the SCC. Under § 13.1-1023, members may adopt one to govern the company, and it does not even need to be in writing unless the articles say otherwise. Put it in writing anyway.

A written agreement spells out ownership percentages, who makes decisions, how new members join, vesting for co-founders and what happens if someone leaves. Banks and investors often ask for it, and a single-member LLC benefits too because it helps show the company is separate from you.

Step 5: Get an EIN from the IRS (free)

Apply for an Employer Identification Number directly on IRS.gov. The IRS says you never have to pay a fee for an EIN, so skip any site that charges. The online application must be finished in one session, and you get your EIN right away. You will need it to open a business bank account, hire employees and register for Virginia taxes.

By default, a single-member LLC is taxed as a disregarded entity and a multi-member LLC as a partnership. See the IRS single-member LLC page and talk with a CPA about whether an S corporation election makes sense once you have steady profit.

Step 6: Register with Virginia Tax

If you sell taxable goods, hire employees or owe state business taxes, register online with Virginia Tax. Common registrations include retail sales tax, use tax and employer withholding. Have your EIN, entity type, business start date in Virginia, responsible party and NAICS code ready. Businesses that cannot register online can use Form R-1 by mail.

Step 7: Get your local business license (BPOL)

Most Virginia cities and counties require a Business, Professional and Occupational License (BPOL). Rules and rates vary by locality, so check with your city or county commissioner of revenue.

Fairfax County is a useful example. According to Fairfax County's BPOL page, all businesses, including home-based ones, are subject to BPOL, and new businesses must register within 75 days of starting. Businesses with gross receipts of $10,000 or less owe no fee, $10,001 to $50,000 owes a $30 flat fee, and $50,001 to $100,000 owes $50. Above $100,000, the tax depends on your business classification. Renewals are due by March 1 each year.

Some professions also need a state occupational license. Check the Virginia Department of Professional and Occupational Regulation if you work in a regulated trade.

Step 8: Register as an employer when you hire

Once you have employees in Virginia, you must register with the Virginia Employment Commission to find out whether you owe state unemployment tax. Under Va. Code § 60.2-210, you generally become a liable employer if you pay $1,500 or more in wages in any calendar quarter, or have at least one employee in each of 20 different weeks in a year. The state's Steps to Starting a Business in Virginia guide also notes workers' compensation requirements for businesses with more than two employees.

Step 9: Stay in good standing every year

Your $50 annual registration fee is due by the last day of the month your LLC was formed, every year (§ 13.1-1062). A late payment adds a $25 penalty (§ 13.1-1064). If you still have not paid by the last day of the third month after the due date, your LLC's existence is automatically canceled (§ 13.1-1050.2). Put a recurring reminder on your calendar the day you form.

What about beneficial ownership (BOI) reports? Under FinCEN's March 2025 interim final rule, companies created in the United States are exempt from federal beneficial ownership reporting. Check FinCEN's BOI page for the latest status before relying on this.

Free help for Virginia founders

You do not have to figure this out alone. These organizations offer free or low-cost support, and each has a StartDMV directory listing:

  • Virginia SBDC: free one-on-one advising from the startup stage onward, plus ICAP for tech commercialization.
  • SBA Washington Metropolitan Area District Office: SBA loans, counseling and federal contracting certifications for Northern Virginia, DC and nearby Maryland.
  • Virginia SBSD: SWaM certification for state contracting, plus financing through the Virginia Small Business Finance Authority.
  • VIPC: seed funding and commercialization programs for tech startups, including Virginia Invests and SBIR/STTR support.
  • VEDP: the state's economic development authority, for incentives and site selection as you grow.
  • NVTC: Northern Virginia's tech association, with a Startup and Small Business Community.

Local economic development offices in Northern Virginia

Browse the full StartDMV directory for more investors, accelerators and service providers.

Meet other Virginia founders this month

Forming the LLC is step one. Finding advisors, co-founders and early customers comes next. A few upcoming picks from the StartDMV events calendar:

Virginia LLC checklist

  1. Pick a compliant name and search CIS
  2. Choose a Virginia registered agent
  3. File Articles of Organization with the SCC ($100)
  4. Sign a written operating agreement
  5. Get a free EIN from the IRS
  6. Open a business bank account
  7. Register with Virginia Tax if needed
  8. Get your local BPOL license
  9. Register with the VEC when you hire
  10. Pay the $50 annual registration fee by the end of your anniversary month

This guide is general information, not legal or tax advice. Talk with a Virginia attorney or CPA about your situation.

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