In West Virginia, over 98% of all businesses are small businesses. If you’re considering starting your own, you’re in good hands alongside over 111,000 other West Virginian entrepreneurs.
There are several steps to setting up a business in the Mountain State, one of which is applying for any necessary business licenses. In West Virginia, all businesses must obtain a business registration certificate. Your business might also need other state, local, or federal licenses to operate in good standing.
Do you need a business license in West Virginia?
The short answer is, yes, all businesses in West Virginia need at least one business license.
In West Virginia, any person or company who intends to do business in the state must obtain a business registration certificate from the WV State Tax Department. If you operate in more than one location, you’ll need a certificate for each location of your business.
In addition to this basic requirement, you may need other business licenses to operate.
West Virginia state
A West Virginia business registration certificate is required for any person or company that does business in West Virginia. You can apply online in West Virginia's one-stop business portal using the BUS-APP form. Business license fees include a filing fee of $30.
Once you’ve applied for and received your business registration certificate, you’ll need to display it at your place of business. If you operate in more than one location, you’ll need a separate certificate for each location. There is no need to renew your certificate—it will be good for the lifetime of your business. However, if you make major changes to your business name or structure, you will need to apply for a new certificate.
Some West Virginia businesses are exempt from the business registration certificate requirement. For exemption, you must meet all of the following requirements:
- Your business is not required by law to collect or withhold tax.
- You do not claim exemption from paying Consumers Sales and Service Tax or Use Tax.
- Your business had a gross income less than $4,000 the previous year.
In addition to your business registration certificate, you might also need another business license in West Virginia. The West Virginia Division of Labor regulates several industries in WV at the state level.
Some examples of occupations that need a special permit or business license in West Virginia include:
- General construction contractors
- HVAC
- Plumbers
- Amusement ride operators
- Elevator operators
You might also be required to have a professional license in West Virginia. Professionals that require specialized licenses include:
- Accountants
- Architects
- Dentists
- Engineers
- Land surveyors
- Physicians
- Social workers
- Veterinarians
Local
Most West Virginia cities and counties require businesses to apply for local licenses. Each county and city sets its own rules for who must apply, how to apply, and the cost. It’s important to research your specific industry and the counties and cities where you plan to do business.
To figure out if you need a municipal business license, you can contact your local county clerk or search your county clerk’s website.
Federal
In general, most businesses do not need a federal business license. Those businesses that do are regulated by specific federal agencies. Industries that require a federal business license include:
- Transportation of plants or animals over state lines
- Import or export of animal products
- Sale or production of alcohol
- Commercial fishing
- TV and radio broadcasting
- Sale or production of firearms, ammunition, explosives
You can determine if you need a federal license by reaching out to professional organizations for your industry or looking up requirements on the relevant federal agency’s website.
How to get a business license in WV in 5 steps
These five steps are your guide to getting a business license in West Virginia.
Step 1: Start your business
Before you can apply for a West Virginia business registration certificate, you must start your business.
If you’re starting an LLC or corporation, you’ll need to file a business registration application with the West Virginia Secretary of State. You can find which documents you’ll need to submit in the chart in the BUS-APP booklet.
Step 2: Obtain an EIN
Once you’ve submitted the proper paperwork to start your new business in West Virginia, you’ll need to get a federal employer identification number. An EIN (or FEIN) is like a Social Security number for your business.
An EIN is required for any business that will be hiring employees. If your business will be a sole proprietorship with no employees, you can simply use your personal Social Security number to identify your business.
You can apply for an EIN with the Internal Revenue Service(IRS) website or use an EIN filing service like LegalZoom.
Step 3: Apply for state business licenses
Your next step is to apply for a West Virginia business registration certificate. To apply, you must complete the BUS-APP. This can be completed online or mailed to the West Virginia State Tax Department.
The filing fee for a business registration certificate is $30. This certificate never expires, but if there’s a significant change to your business, you’ll need to apply for a new certificate and pay the filing fee again. You must display your business license certificate at your West Virginia office or business location.
Your business license application will include:
- Legal business name and FEIN or SSN
- DBA name, if applicable
- Physical address
- Mailing address
- Email address and website
- Date that you are starting a business in WV
- Taxable year-end
- Estimated annual gross income
- Business phone number
- Description of business activity
- NAICS code
- General description of business activities
- Ownership type
- Responsible party (list of partners, members, and officers)
- Signature
- Payment
- Registration for unemployment account
Step 4: Apply for local permits
After you’ve applied for your business registration certificate, your next step will be to apply for any local licenses your business needs. You’ll need to check the city and county where your business will be located to determine if you’ll need a business license.
If your business will operate in multiple counties or cities, you’ll likely need multiple licenses.
Step 5: Apply for federal licenses
The final step in starting your business is to apply for any required federal licenses. These licenses are generally based on industries that are regulated by the federal government or involve transportation of goods across state lines. You will register for any required federal licenses through the associated federal agency.
After getting your West Virginia business license
Once you’ve received your business registration certificate, you’re ready to operate your business!
Be sure to display your business registration certificate in a conspicuous place where you operate your business. If your work is mobile (you work out of your car or a business vehicle), you’ll need to carry a copy of your business registration certificate.
You do not need to renew your business registration certificate. The certificate remains valid for the life of your business unless it is suspended or revoked by the tax commissioner. If there are major changes to the name or structure of your business, you will need to apply for a new certificate.
Getting a WV business license the easy way
There are a lot of items on a business owner's to-do list—you don’t have to do this one alone. At LegalZoom, we are here for you every step of the way. We can help you form your West Virginia LLC and easily apply for any business licenses that you need to operate in good standing.
Our experts will walk with you through the application process and ensure that you’ve identified all licenses that you’re required to have at the local, state, and federal levels. All you have to do is provide us with some information about your business. Then, you get a customized packet with links and step-by-step instructions for applying for the necessary licenses, plus a calendar of renewal dates and reminders to keep you on track.
This can make the process less confusing and make sure you don’t miss any important business licenses that you need.
FAQs
What should I do before getting a business license?
One of the most important things you need to do for your business prior to applying for a business license is to choose the perfect business name. You want a name that represents your business, what you sell, and is available to use. To find out if your dream name is available, you can perform a business name search.
How much is a business license in West Virginia?
In West Virginia, almost all businesses must apply for a business registration license. The filing fee to apply for this certificate is $30.
How long does it take to get a business license in West Virginia?
Once your application has been submitted, it can take two to four weeks to get approval. Once your business has been approved, the tax department will mail your official certificate to you.
What happens if I don’t get a business license in West Virginia?
If you operate your business without a business registration certificate, you could face a fine of $100 per day that you operate without a license.