Filing an S Corp in WV: A Step-by-Step Guide

How do I file an S Corp in WV?
Step 1: Name Your LLC. Step 2: Choose Your West Virginia Registered Agent. Step 3: File the West Virginia LLC Articles of Organization. Step 4: Create an LLC Operating Agreement. Step 5: Get an EIN and Complete Form 2553 on the IRS Website.
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Starting your own company may be a thrilling yet intimidating endeavor. Choosing your company’s legal structure is among the process’s most important steps. In order to comply with state laws, you must take specific actions if you choose to establish a S Corporation in West Virginia. In this article, we’ll walk you through the process of forming a S Corp in West Virginia.

Choose a Name for Your S Corporation in Step 1

Choosing a distinctive and usable name is the first step in creating your S Corp. To check that the name you want to use is not already taken, utilize the West Virginia Secretary of State’s website. Once you’ve found a name you like, you can reserve it by submitting an application and paying a fee for up to 120 days.

File the articles of incorporation in step two.

The West Virginia Secretary of State must receive your Articles of Incorporation as the following step. Your S Corporation’s legal existence is established by this document, which also contains details on the company’s name, objectives, registered agent, and the total number of shares that may be issued. Along with completing your articles of incorporation, you must pay a filing fee.

Obtain an Employer Identification Number in step three. The Internal Revenue Service (IRS) issues an Employer Identification Number (EIN), a special nine-digit number, to identify your company for tax purposes. Your S Corporation needs an EIN, which you may get from the IRS website online. This number is required to open a business bank account and file taxes.

File a S Corporation Election in Step 4

You must submit a S Corporation Election to the IRS after receiving your EIN. By submitting this form, you are informing the IRS that you prefer to be taxed as a S Corporation rather than a conventional C Corporation. By doing this, you can prevent double taxation by having your company’s income, deductions, and credits move through to the shareholders’ personal tax returns. Within 75 days of your S Corporation’s incorporation, you must submit this form.

Who in West Virginia Needs a Contractor’s License?

You might need to obtain a license if you intend to work as a contractor in West Virginia. The West Virginia Division of Labor oversees the industry and issues licenses to specific categories of contractors. General contractors, electricians, plumbers, HVAC specialists, and fire prevention specialists are among them. You must fulfill a number of conditions, including passing an exam and presenting documentation of your insurance, in order to receive a license.

Is Unemployment Tax a Mandatory Payment in West Virginia?

Yes, you are required to pay state income tax on any unemployment benefits you get in West Virginia. To avoid a big tax burden at the end of the year, you might be able to arrange to have taxes withheld from your unemployment benefits. Filling out Form WV/IT-104, West Virginia Personal Income Tax Withholding Return, will allow you to request that taxes be withheld.

What is the WV Unemployment Tax Rate? The industry and level of experience of the employer are two variables that affect the WV unemployment tax rate. A percentage of the first $12,000 in wages paid to each employee is used to determine the tax. The typical tax rate for new employers is 2.7%, however the tax rate for seasoned employers can range from 0.06% to 8.5%. On its website, the West Virginia Division of Unemployment Compensation offers additional details and a tax rate chart.

In summary, establishing a S Corporation in West Virginia necessitates close attention to detail and adherence to state laws. You can make sure that your S Corp is legally and lawfully created by adhering to the procedures described in this article. Additionally, it’s critical to comprehend the state’s license and tax regulations if you intend to work as a contractor in West Virginia or collect unemployment benefits.

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