Research

Deciding the Business Structure

The first decision in forming a new business requires choosing the legal business structure to form - sole proprietorship, corporation, limited liability company, etc. The business structure you choose influences everything including daily operations, taxes, and how much of your personal assets are at risk. Changing a business structure after it has been established can be very time consuming and costly involving multiple application procedures and various filing fees, so be sure to plan accordingly when making your decision. The structure you choose will depend on various factors, such as:

• the number of people who will control the company
• how business operation decisions are to be made
• considerations involving legal and tax implications
• liability issues
• management structure
• the ability to transfer ownership.

Visit the following links to learn more about the various business structures and their features:

• West Virginia Secretary of State - Business Structures
• List of Business Structures (PDF)
• U.S. Small Business Administration (SBA) - Choose a Business Structure
• IRS - Business Structures

The lists below include the possible business structures from which to choose when forming a business and the state agency through which the business must initially be registered. When a business entity forms through the West Virginia Secretary of State, it must also complete a business registration with the State Tax Department.

New Business Startup Wizard

Unsure which business structure to choose? Use the Secretary of State's New Business Startup Wizard to help guide you in the right direction when selecting a business structure to suit your business needs. The Office of the Secretary of State can advise you on the type of business structures available, however, we cannot advise you on which structure to form. Legal Disclaimer: This tool is intended as a guide only and is not offered as professional legal or tax advice. We strongly recommend that you consult with an attorney and/or certified public accountant to determine the best business structure to choose when forming a business.

Small Business Development Center (SBDC)

Another excellent resource for business start-up information and assistance is the West Virginia Small Business Development Center (SBDC). Many of their services are provided at no cost to the public and they specialize in coaching and mentoring new business applicants throughout the life of the business. For more information or to speak with a business specialist, visit West Virginia SBDC online or call 1-888-WVA-SBDC (1-888-982-7232).

Occupation, Professional and Special Licenses and Permits

In some cases, you may be required to obtain special licenses before you register your business. For example:

• Are you a licensed professional starting a professional limited liability company, medical or legal corporation? If so, you must apply for approval from your professional licensing board first. For example, the Secretary of State cannot accept a PLLC registration without the required verification of eligibility authorization from the appropriate state licensing board. See section on Occupational, Professional and Special Licenses and Permits for professional licensing board contact information.
• Are you beginning a business that will require special licensing, such as the sale of lottery tickets, alcoholic beverages or other regulated materials or services? Find the appropriate contacts in the Special Licenses and Permits section and check on the requirements and limitations that may apply. For example, rules of the licensing agencies may affect the type of business you choose, or who may serve as officers of the new business.

State Tax Department

Business Registration

Before engaging in business activity in West Virginia, every individual or business entity must obtain a West Virginia business registration certificate from the State Tax Department. Business activity is broadly defined. Learn more about the requirements by visiting the West Virginia State Tax Department Business Registration.

State Tax Calendar

It's important to know the tax calendar due dates associated with the filing frequency assigned by the West Virginia State Tax Department. This way you'll be prepared and can plan accordingly.

Business Tax Due Date Changes

West Virginia has changed some of the due dates for the filing of returns by corporations, partnerships and composite returns to reflect some of the due date changes made at the federal level. These changes are effective for returns filed for tax years beginning after December 31, 2015. Review the highlights of the changes here.

Division of Labor

The following is a list of business activities that require registration or licensure with the West Virginia Division of Labor. 

Construction Business with Employees Wage Bond Requirements

WorkForce West Virginia

Looking for qualified employees for your business? Or perhaps you're needing to file Unemployment Compensation for your existing employee base? The place to begin your search is WorkForce West Virginia, the one-stop center for all your workforce resource needs. Employers can post job listings, search for qualified employees, analyze labor market information, locate business services and register their required unemployment compensation account.