What is different about forming an LLC in Virginia.
Every state runs its own filing office, its own fee schedule and its own ongoing obligations. These are the ones that apply in Virginia.
| Item | Amount | Detail |
|---|---|---|
| LLC filing fee | $100 | Paid to the state, at cost. File.Business charges $0 to prepare and file it. |
| Corporation, for comparison | $75 | |
| Nonprofit | $75 | |
| Professional LLC (PLLC) | $100 | |
| Series LLC | $100 | |
| Ongoing state report for an LLC | None | Virginia LLCs file no annual report for corporations, annual registration fee for llcs and limited partnerships. |
| Registering an out-of-state LLC here | $100 | No certificate of good standing required. Filed on the Application for a Certificate of Authority to Transact Business in Virginia. |
What the Virginia fee schedule actually says
The corporation figure is a floor rather than a flat fee. A stock corporation with 5,000 or fewer authorised shares pays 50, then 15 more for each 5,000 shares or fraction above that, capped at 850. Nonstock corporations pay a flat 25 and LLCs a flat 50. Virginia keeps two obligations apart: corporations file an annual report and also pay the registration fee, while LLCs and LPs pay the fee and file no report at all. Incorporation is likewise scaled, a 25 filing fee plus a charter fee of 50 for each 25,000 authorised shares or fraction, or 2,500 above 1,000,000 shares, so 75 is the minimum cost to incorporate.
Verified 2026-08-17 · against the Code of Virginia published by the Virginia Legislative Information System
What forming an LLC in Virginia actually involves.
Articles of Organization
The Articles of Organization is the founding Virginia document. We prepare and file with the SOS using your entity name, organizer info, RA, and member structure.
~7 day Virginia processing
Virginia SOS typically processes standard LLC filings in 7 business days. Expedited options available for an extra state fee (varies $25-$200).
Registered Agent included
Virginia requires every LLC to maintain a Registered Agent. RA service is included year one in every formation bundle.
EIN from the IRS
Your Virginia LLC needs a federal EIN for banking, taxes, and payroll. We file Form SS-4 with the IRS, typically 1-2 business days, faster than DIY filings.
Operating Agreement
Virginia doesn't require filing an Operating Agreement with the SOS, but every Virginia LLC needs one to define member rights, voting, profit splits, and dissolution rules. Included in Domestic Complete.
Year-one compliance
Forming the LLC is step one. Virginia requires ongoing compliance: Annual Registration Fee (Anniversary month), state tax registrations, license renewals. Domestic Complete includes year-one AR AutoFile.
A clean handoff, in 6 steps.
Pick your Virginia LLC name
We check Virginia SOS name availability live. Your chosen name must include "LLC" or variant and not conflict with existing Virginia registrations.
Designate Registered Agent
Every Virginia LLC needs a RA with a physical Virginia address. We provide one (included year one) or you can designate your own.
Prepare Articles of Organization
Member info, RA, principal office, management structure (member-managed vs manager-managed), effective date. We draft and review with you.
File with Virginia SOS
Submitted electronically with $100 state fee. 7-day standard processing. State-stamped Articles return to your BOS vault.
EIN + Operating Agreement
After SOS acceptance: IRS EIN application (1-2 days), Operating Agreement drafted, S-Corp election if requested (Form 2553).
Year-one compliance setup
Virginia Annual Registration Fee added to your calendar (due Anniversary month). RA active. Compliance Score baseline established.
Formation is free. Everything else is optional.
We do not charge a service fee to form your LLC or Corporation. State filing fees still apply and pass through at cost. Add the Compliance Bundle to handle the year-one filings everyone needs.
- LLC or Corporation formation (any state)
- EIN application with the IRS
- Articles of Organization or Incorporation drafted and filed
- Free BOS dashboard for ongoing visibility
- Filing receipts to your document vault
- Everything in Free Formation (no add-on fee)
- Registered Agent service in your state (1 entity)
- Annual Report AutoFile, filed every year on time
- Certificate of Good Standing (1 included per year)
- 1 Amendment included per year (address, member, name)
- Operating Agreement (LLC) or Bylaws (Corp)
- Deadline monitoring across all your filings
Common questions.
Do I need to live in Virginia to form an LLC there?
No. You do not need to live in Virginia or be a resident to form an LLC there. What Virginia requires is a registered agent with a physical in-state address to receive legal mail, which we provide, or you can act as your own if you have a Virginia address and are available in business hours. Where you live does not limit where you can form.
What is the difference between an LLC and a corporation in Virginia?
An LLC is simpler and pass-through: profit lands on your personal return and there is little required formality, which suits most owners in Virginia. A corporation is built to raise venture capital and issue stock, but it adds bylaws, a board, and annual meetings. If you plan to raise money, look at forming a corporation; otherwise the LLC-versus-corporation comparison lays out the tradeoffs.
Does Virginia require an Operating Agreement?
Virginia may not require you to file one, but you should have one. The Operating Agreement sets who owns what, who can sign, and what happens if an owner leaves, and it is the document that shows the LLC is a genuine separate entity, which protects your liability shield. Banks and lenders also ask for it. Generate one that fits your ownership with our Operating Agreement tool.
What about the EIN for my Virginia LLC?
The EIN is your business's federal tax ID, and you need it to open a bank account, hire, or file taxes. It is free from the IRS, and we obtain it for you the same day, including for founders without a Social Security Number. Keeping the EIN separate from your SSN also keeps your personal number off vendor and client paperwork. Start with our EIN guide.
Can a foreign person form a Virginia LLC?
Yes. You do not need to be a US citizen or resident to own or form a Virginia LLC, and you never have to set foot in the state. The one extra step is the EIN, which we obtain from the IRS for you when you have no Social Security Number, and that unlocks US banking and payment processing. Our EIN guide is the right starting point for international founders.
What ongoing compliance does a Virginia LLC require?
Forming is the start, not the finish. A Virginia LLC generally files a periodic annual report, keeps a registered agent on record, and pays any state franchise tax. Miss the report and Virginia can administratively dissolve the LLC, ending the protection you formed it for. A compliance calendar keeps every date in view, and our subscription can file them for you.
Can I change my Virginia LLC name later?
Yes. If you outgrow the name or rebrand, you change it by filing Articles of Amendment with Virginia, which updates the official record; your EIN and entity stay the same. If you would rather keep the legal name and operate under a different public name, a DBA does that without a full amendment. We handle either the amendment or the DBA for you.
Where to next?
Every filing connects into your File.Business operating system. Pick where to go from here: we keep the rest tracked. Or start by looking up any Virginia company on the state record.
Up a level, or across to the neighbors.
Form an LLC by state
The national explainer above this page: what changes between jurisdictions, and why.
Open the hub → SectionForm a business
Every formation route, each with a page per state.
Open the section → StateVirginia business filings
Every filing a business makes in Virginia, gathered on one page.
Open Virginia → In VirginiaHolding company in Virginia
The holding company, state by state
Read the guide → In VirginiaFamily LLC in Virginia
The family LLC, state by state
Read the guide → In VirginiaPLLC in Virginia
The PLLC, state by state
Read the guide → In VirginiaNonprofit Formation in Virginia
Forming a nonprofit, state by state
Read the guide →