To start a business in Virginia, pick a structure, register it with the State Corporation Commission (SCC) if it is an LLC or corporation (or file a $10 assumed name certificate if you are a sole proprietor using a brand name), then get a free EIN, register with Virginia Tax and get your local business license. An LLC costs $100 to form and $50 a year to keep active, and most of the work can be done online in a single afternoon.

This guide covers every step for Virginia founders in 2026, with links to the official source for each fee and rule, plus free help across Northern Virginia and the rest of the Commonwealth.

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Step 1: Choose your business structure

Aerial view of the Virginia Commonwealth University campus and the Fan District in Richmond, Virginia

Photo via Magnific

Your structure decides what you file, what you pay each year and how much personal liability you carry. These are the four most common choices for Virginia founders.

StructureState filingState filing feeBest for
Sole proprietorshipNone to exist; assumed name certificate if you use a brand name$10 for the assumed name certificateSolo freelancers and side projects testing an idea
General partnershipNone required to exist; assumed name certificate if you use a brand name$10 for the assumed name certificateTwo or more owners who accept personal liability
Limited liability company (LLC)Articles of Organization with the SCC$100, then $50 per yearMost small businesses, consultants and early startups
Stock corporationArticles of Incorporation with the SCC$25 filing fee plus a charter fee of $50 per 25,000 authorized sharesStartups planning to raise venture capital or issue stock options

Sources: LLC fees under Va. Code § 13.1-1005 and § 13.1-1062; corporate filing fee under § 13.1-616 and charter fee under § 13.1-615.1; assumed name fee under Title 59.1, Chapter 5.

Sole proprietors and general partners are personally responsible for business debts. An LLC or corporation separates those debts from your personal assets, which is why most founders form one before signing a lease, hiring or taking outside money. If you expect to raise from institutional investors, talk with a startup attorney first, because many funds prefer a corporation (often formed in Delaware and registered in Virginia as a foreign corporation).

Ready to go the LLC route? Our detailed guide to starting an LLC in Virginia walks through the Articles of Organization line by line.

Step 2: Pick a name and check availability

LLC and corporation names must be distinguishable from other entity names already on the SCC's records, and they must include the right designator, such as "LLC" for a limited liability company (§ 13.1-1012). Search the SCC's Clerk's Information System first. Our walkthrough of the Virginia SCC business entity search shows how to read the results.

If you operate under any name other than your own legal name (or your entity's exact legal name), Virginia requires a certificate of assumed or fictitious name. Since January 1, 2020, that certificate is filed with the Clerk of the SCC rather than a circuit court, and the filing fee is $10 (§§ 59.1-69 and 59.1-70). This applies to a sole proprietor trading as "Potomac Design Studio" and to an LLC that markets itself under a shorter brand.

Founder tip: SCC approval does not give you trademark rights. Check the federal trademark database, your domain and your social handles before you print anything.

Step 3: Register your entity with the SCC

LLCs and corporations are created by filing with the Virginia SCC Office of the Clerk, which handles business filings in Virginia instead of a Secretary of State. Most founders file online through the Clerk's Information System, the same place you will pay annual fees later.

  • LLC: file Articles of Organization and pay $100 (§ 13.1-1005).
  • Stock corporation: file Articles of Incorporation and pay the $25 filing fee (§ 13.1-616) plus the charter fee, which is $50 for each 25,000 authorized shares up to 1,000,000 shares (§ 13.1-615.1). A corporation with 25,000 or fewer authorized shares pays $75 in total.
  • Formed in another state: register as a foreign LLC or corporation before doing business in Virginia. A foreign LLC registration costs $100 (§ 13.1-1005).

Every LLC and corporation also needs a registered agent with a Virginia registered office. Virginia limits who can serve: a Virginia resident who is a member or manager (or officer or director for a corporation), a member of the Virginia State Bar, or a business entity authorized to do business in Virginia, such as a commercial agent service (§ 13.1-1015 for LLCs).

Step 4: Get an EIN from the IRS

An Employer Identification Number is free from IRS.gov, and the online application issues the number immediately. You need it to open a business bank account, register for state taxes and hire. The state's Steps to Starting a Business in Virginia checklist also recommends that sole proprietors use an EIN rather than a Social Security number on business paperwork. Never pay a third party for an EIN.

Step 5: Register with Virginia Tax

Forming an entity at the SCC does not register it for state taxes. If you sell taxable goods, collect meals tax, owe use tax or withhold income tax from employees, register online with Virginia Tax. Have your EIN, legal name, entity type, start date in Virginia, NAICS code and responsible party ready. Businesses that cannot register online can use Form R-1. The Virginia Tax directory listing has contact details.

Step 6: Get your local business license and permits

Most Virginia cities and counties require a Business, Professional and Occupational License (BPOL), and some also require a home occupation permit for home-based businesses. Rates and deadlines are set locally, so start with your commissioner of revenue.

Fairfax County shows how it typically works. According to Fairfax County's BPOL page, all businesses, including home-based ones, are subject to BPOL, and new businesses must register within 75 days of starting. Businesses with gross receipts of $10,000 or less owe no fee, $10,001 to $50,000 owes a $30 flat fee, and $50,001 to $100,000 owes $50. Renewals are due by March 1 each year.

If you work in a regulated field such as contracting, real estate or cosmetology, check whether you also need a state license from the Virginia Department of Professional and Occupational Regulation (DPOR).

Step 7: Set up as an employer when you hire

Once you have employees, register with the Virginia Employment Commission for state unemployment insurance. Under Va. Code § 60.2-210, you generally become a liable employer if you pay $1,500 or more in wages in a calendar quarter, or have at least one worker in each of 20 different weeks in a year. You will also register for employer withholding with Virginia Tax, and the state checklist notes that businesses with more than two employees must carry workers' compensation coverage. The Virginia Workers' Compensation Commission explains the requirements.

Step 8: Stay in good standing every year

An LLC's $50 annual registration fee is due by the last day of the month it was formed, every year (§ 13.1-1062). A stock corporation's annual fee starts at $50 for 5,000 or fewer authorized shares and tops out at $850 (§ 13.1-775.1). Late LLC payments add a $25 penalty, and an LLC that still has not paid by the end of the third month after the due date is automatically canceled (§ 13.1-1050.2). Set a calendar reminder on the day you form.

Also renew your BPOL license locally and keep your registered agent current so you never miss SCC notices.

Free help for Virginia founders

Several public programs help you through these steps at no cost. Each one below has a StartDMV directory listing:

Looking for money once you are registered? See our running list of small business grants in Virginia.

Upcoming Virginia workshops and meetups

See every upcoming session on the StartDMV events calendar.

Virginia business startup checklist

  1. Choose a structure: sole proprietorship, partnership, LLC or corporation
  2. Search the name in the SCC's Clerk's Information System
  3. File an assumed name certificate ($10) if you use a brand name
  4. Appoint a Virginia registered agent (LLCs and corporations)
  5. File with the SCC ($100 for an LLC; $75 and up for a corporation)
  6. Get a free EIN and open a business bank account
  7. Register with Virginia Tax for the taxes you owe
  8. Get your local BPOL license and any home occupation permit
  9. Check DPOR for occupational licenses
  10. Register with the VEC and arrange workers' compensation when you hire
  11. Pay your SCC annual fee every year by the end of your anniversary month

Is your organization on StartDMV?

StartDMV maps the startup ecosystem across DC, Maryland and Virginia. If you run a Virginia startup, investor group, coworking space, service provider or founder program, list it free at https://startdmv.org/submit-organization. Hosting a workshop or meetup for founders? Submit it at https://startdmv.org/submit-event.

This guide is general information, not legal or tax advice. Confirm current fees with the SCC and talk with a Virginia attorney or CPA about your situation.

Get the weekly list of DMV startup events, grants and deadlines. Join the StartDMV list at https://startdmv.org.