Summary
The fact that you may need to register with state agencies like West Virginia One Stop Business is a sneaky misconception that many folks miss.
However, with the rise of remote work, states have begun cracking down and levying penalties for those who (unknowingly) fail to register.
If you're considering operating in West Virginia, use this guide to:
- Explore the that triggers the need to register with the West Virginia One Stop Business, including criteria such as physical presence, economic activity, and advertising efforts.
- Determine where and how to register with the West Virginia One Stop Business.
- Understand additional requirements such as Registered Agents, registration with other state departments, and ongoing annual reports.
What criteria would trigger the requirement to register with the West Virginia One Stop Business?
Key Factors
Physical Presence: The following indicate physical presence in West Virginia:
- Having an office, store, warehouse, or other physical location.
- Having employees, contractors, or sales representatives operating in the state.
- Owning or leasing property in West Virginia (real estate or tangible property).
Economic Activity: Engaging in these activities in West Virginia can also define you as "doing business" in the state:
- Selling goods or services to West Virginia customers (even remotely or online).
- Providing services within West Virginia.
- Regular and repeated transactions within the state.
- Owning income-producing property located in West Virginia.
- Deriving income from any business, trade, profession, or occupation conducted within West Virginia.
Specific Examples
The following activities would likely be considered doing business in West Virginia:
- Operating a retail store or restaurant in West Virginia.
- Having a West Virginia office for your business.
- Maintaining a warehouse or distribution center in West Virginia.
- Providing consulting or repair services to West Virginia clients.
- Selling products to West Virginia residents through an online store or marketplace (especially if you hit certain sales thresholds).
Nexus
West Virginia adopts the concept of nexus, meaning even without a physical presence, a significant level of economic activity in the state could create tax and registration obligations.
Where do I register, and what else is required?
West Virginia One Stop Business
- A Certificate of Good Standing is required
In addition:
A Registered Agent is required to serve as the company's physical in-state presence to receive important legal documents. Do not fall victim to the common misconception that you can leverage an in-state employee as your Registered Agent. It's far too risky.
You'll want to review the other registrations required in West Virginia. Here's a West Virginia specific guide we put together.
What is the registration fee?
The fee charged by West Virginia is $100 (if registration is needed).
How long does West Virginia usually take to process?
West Virginia usually takes approximately More than 4 weeks to process registrations.
What is required ongoing?
Each state has a complex schedule of required annual reports, which can vary by entity type. Let's take a look at West Virginia's:
C-Corporation
- Filing Date: Depends on registration date
- Filing Frequency: Annual
LLC
- Filing Date: Depends on registration date
- Filing Frequency: Annual
Non-Profit
- Filing Date: By the end of the anniversary month of incorporation
- Filing Frequency: Annual
There is an Easier Way
Automate registration and annual report tracking in AbstractOps.This guide should definitely help reduce some of the confusion for West Virginia. However, if you have multiple states to worry about, you may look to:
Automate state registrations and annual reports
Centralize email, snail mail, state ID’s, and registered agents, and
Take control of action items, eliminating risks before they become penalties.
Start the AbstractOps product demo to see how easy this can be.
Note: For the avoidance of doubt, nothing provided here shall contemplate, constitute or include tax or legal advice. Always double check with state agency websites for the most up-to-date requirements.
