Virginia LLC Costs: What You Actually Pay and When

Forming a Virginia LLC starts with a single filing: the Articles of Organization, Form LLC1011, filed with the State Corporation Commission through the Clerk's Information System or on paper. The fee is $100 either way (Va. Code § 13.1-1005, unchanged since 2021), and it covers the Articles and the registered agent designation together. There is no separate line item for naming your agent.

Virginia's formation fee sits toward the lower end nationally, which is one reason the Commonwealth is an approachable state to form in. What you pay to the state is exactly what the state charges; there is no markup baked into the government portion of your filing.

When a service fee applies

If you form the LLC yourself directly through CIS, you pay only the state fee. When you use a filing service like ours, a service charge sits on top of the state fee. In Mainstay Filing's case it's a single flat yearly charge that covers preparing the Articles, filing them correctly, acting as your registered agent, and handling the annual registration when it comes due. The value is in not learning the CIS interface, not risking a rejected filing over Virginia's particular registered agent rule, and having a professional address stand in for your home address in the public record.

Optional formation-stage costs

• Name reservation: If you want to hold an available name before filing, Virginia charges $10 for a 120-day reservation (Form SCC631 or online). This is optional and only worth it when your formation is weeks away.
• Expedited service: Online filings without uploads can be approved in real time, but the SCC sells online expedite if you need certainty: next-day response for $50 or $100, or same-day for $200. Paper filings can't be expedited.
• Certified copies: If a bank, lender, or foreign state asks for a certified copy of your Articles, the SCC charges for it. Most owners never need one at formation.
• Certificate of good standing (fact of existence): Sometimes required to open certain accounts or qualify in another state. The SCC issues it for a fee when you need it.

Virginia's yearly obligation for LLCs is unusual and, frankly, simpler than most states. There's no annual report to prepare; instead, Virginia charges a flat $50 annual registration fee to keep the LLC in good standing (Va. Code § 13.1-1062). There is no form to fill out; the cost is the fee itself, and paying it is the whole task. Budget $50 a year for as long as the LLC exists.

When it is due

The annual registration fee is due by the last day of the month in which your LLC was originally formed, beginning the year after formation. An LLC formed in September owes it by September 30 every year; one formed in January owes it by January 31. The State Corporation Commission mails the assessment to your registered agent two months before the due date, and you can't pay until it's assessed. The deadline stands whether or not the notice reaches you, so tie it to your own calendar. The SCC says there's no processing fee for paying online; the SCC annual registration fees page covers the options.

What happens if you miss it

Miss the deadline and Virginia adds a $25 penalty on top of the fee. If it's still unpaid on the last day of the third month after the due date, the LLC's existence is canceled automatically. Reinstating a canceled LLC within five years means paying a $100 reinstatement fee plus all the back fees and penalties, which is always more than simply paying on time. Treat the annual registration fee as a non-negotiable calendar item and this cost never grows.

Every Virginia LLC must maintain a registered agent, and how you handle that choice determines whether this is a cost at all.

Serving as your own agent

If you qualify (you are a Virginia resident who is a member or manager of the LLC, or a member of the Virginia State Bar), you can serve as your own registered agent at no direct cost. The trade-off is that your name and Virginia address go into the public SCC record, the SCC expects you to be available during normal business hours, and you take on the risk of missing a served legal document if you are traveling or out of the office.

Using a commercial registered agent service

A commercial registered agent charges an annual fee to serve as your agent. In exchange, a professional Virginia address appears in the public record instead of your home address, someone is always available to accept service of process, and documents are scanned and forwarded to you promptly. For owners who do not qualify to serve themselves, or who do not want their home address searchable, this is the practical route. Some formation packages fold only a first stretch of agent service into their price; Mainstay Filing's flat yearly rate keeps the agent covered every year the LLC exists, so the role never splits off into a separate renewal.

Beyond formation and the annual fee, a Virginia LLC may run into costs tied to specific circumstances. None of these are universal. They apply only if your situation calls for them.

Business licenses and BPOL tax

Virginia issues no statewide general business license, but most cities and counties require a local business license. Many localities levy a Business, Professional and Occupational License (BPOL) tax calculated on gross receipts. The rate and threshold vary by locality, so a business in Fairfax County may owe something different from one in Roanoke. Check with your city or county commissioner of the revenue.

Fictitious name (DBA) registration

If you want to operate under a name different from your LLC's legal name, Virginia requires a fictitious name filing. Since the start of 2020 these are filed centrally with the State Corporation Commission rather than at the circuit court, and Virginia's fictitious name fee is notably low compared with most states.

Foreign qualification

If your Virginia LLC expands and does business in another state, that state will likely require you to register as a foreign LLC and pay its own fees. Conversely, an out-of-state LLC coming into Virginia files for a Certificate of Registration with the SCC. Each is a separate cost governed by the destination state.

Amendments and changes

Changing your LLC's name, adding or updating provisions, or restating the Articles requires an amendment filing with the SCC, which carries its own fee. Changing your registered agent or registered office is filed with the SCC as well, on Form LLC1016, and that one is free. Budget for amendments only if and when your structure changes.

Professional help

An attorney to draft a custom operating agreement or a CPA to advise on an S-corp election are optional costs, but often worthwhile once the business grows. They are separate from anything the state or a filing service charges.