A. File Artcles of incorporation for West Virginia Corporation with the Secretary of State
After choosing which entity is right for you, your next step is to go to the West Virginia Secretary of State's website and download the appropriate incorporation form that may be available. Or, if you don't want to do the work yourself, we can help you incorporate a business in West Virginia. Click here for a free quote on our West Virginia business incorporation services.
B. S Corporation Filings for Your New West Virginia Corporation
1. Federal S-Corporation Election Form
If you have Clickandinc.com incorporate a business for you in West Virginia, and you choose to be treated as an s-corporation for federal income tax purposes, we can draft that form for you (IRS form 2553). If you choose to draft it on your own, you can download it from the IRS website.
NOTE: You have 75 days from the date you incorporate a business in West Virginia to file your form 2553 with the IRS. If you fail to file in that time period, you will not be granted s-corporation status for the year in which you incorporate.
2. West Virginia S-Corporation Election form
West Virginia does not require s-corporations file a separate s-corporation election form with the state.
C. Get Your West Virginia Tax ID Number and Or Other State Required Documentation
Have your Federal Tax ID Number (EIN) handy; most states require it on their state tax ID number forms and other forms that you may need to complete after you incorporate a business in West Virginia.
1. State Tax ID Number
You should also contact the county in which your business is formed to determine if you need to apply for any business licenses or permits.
If you have any questions about the ways in which your business entity needs to comply with West Virginia law, you should contact a lawyer.
2. Business Licensing
3. Annual Reports
The forms for annual reports are mailed in May by the State Tax Department to the principle office address of the corporation.
It is the corporation's responsibility to maintain current address records at both the Secretary of State and the State Tax Department to assure that mail can be received.
If the annual report form is not received by early June, contact the Tax Department at (304) 558-3333. The filing is due July 1 each year.
A part of the annual filing is the payment of the attorney-in-fact fee, which is $25.
Surely, the list above is not everything you will need to do once you incorporate a business in West Virginia. You should always check with your accountant or attorney in order to make sure you are compliant with all state laws. Clickandinc.com is not a law firm and nothing on this page can be considered legal advice on which you can rely.
If you’d like Clickandinc.com to help you incorporate a business in West Virginia, we’d love to help.
