No matter what kind of business you will be developing, you’ll need to address legal structure and Employee Identification Number.
Legal structure
You’ll want to make sure your business is licensed to operate in West Virginia. The first step is to decide what kind of business entity (legal structure) is best for you. For a description of the pros and cons of the various legal structures, go to the Secretary of State’s forms of business organization information.
Employee Identification Number (EIN or FEIN)
Employers with employees, business partnerships, and corporations must obtain an Employer Identification Number (EIN) from the U.S. Internal Revenue Service. Even if you are a sole proprietor and don’t have employees, it is still good practice to obtain an EIN. You may need the EIN for some government forms, banks often require it for loans and it can be used instead of your personal Social Security Number to protect against identity theft. Please note: The WV Secretary of State strongly recommends contacting their office before applying for your EIN to avoid any possible name duplications that would require you to re-file.
Apply for an Employer Identification Number (EIN) online
The general process
Step 1: Create a business plan
For any business, the first step is to turn your basic idea into a written, viable plan of action. A well-thought out business plan is necessary for obtaining loans and is a model for your success. Refer to BusinessLink business planning section for more assistance.
Step 2: Decide on your business structure and register your business name
Careful consideration must be given to the management, structural and tax implications of your decision. While not a replacement for sound legal or tax advice, see forms of business organization.
- To register a business name for a sole proprietorship or general partnership: Contact your local county recorder where you intend to do business.
- To file a Corporation, LLC, LLP, or Limited Partnership, contact the Secretary of State’s office for application forms and filing requirements. This process is made more simple by the WV Secretary of State One Stop Business Portal New Business Start-Up Wizard. This award winning online tool will walk you through the process step by step with a series of questions.
Step 3: Get license requirements
The State may require additional license or business registration paperwork to be completed. It is also important to check with city/town & county governments where you intend to do business to determine licensing requirements.
Step 4: Obtain the necessary tax information
Taxation for small businesses may be simple or complex, depending on the size and business structure. The tax liability for each business will be different and you should consult your attorney and accountant regarding comprehensive tax planning.
Step 5: Identify sources of financing
Refer to the financing section of the website for more information. Also use the Resource Navigator to do a search for organizations that provide financing.
Step 6: Learn about employer reporting requirements and responsibilities
As an employer, you will be responsible for additional employment insurance and worker’s compensation insurance. This includes applying for federal and state withholding numbers.
- For Federal Identification Numbers (EINs) contact the Internal Revenue Service or call (800) 829-4933
- For State Sales Tax and State Withholding Tax contact the West Virginia State Department of Revenue
Use the West Virginia Secretary of State One Stop Business Portal!
- West Virginia Secretary of State
- West Virginia State Tax Department, and
- WorkForce West Virginia (Unemployment Compensation).
One Stop Business Center
1615 Washington Street, East
Charleston, WV 25311
Phone: (304) 558-8000
https://onestop.wv.gov
Hours of Operation
Monday – Friday 9 a.m. to 5 p.m.
Secretary of State
Monday – Friday 8:30 a.m. to 5 p.m.
