How to File LLC Taxes in West Virginia? (A Complete Guide)

Jon Morgan
Published by Jon Morgan | Co-Founder & Chief Editor
Last updated: November 7, 2023
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After establishing your LLC in West Virginia, one of the essential obligations for maintaining its compliance is filing taxes with the West Virginia State Tax Department.

To ensure you understand the tax filing requirements comprehensively, we engaged our experienced team of legal experts and seasoned accountants, each with over seven years of expertise in the field.

Our dedicated efforts spanned several months of meticulous research, encompassing an exhaustive review of official tax resources.

The result is a detailed and informative guide on LLC tax procedures in West Virginia, designed to assist you in navigating the intricacies of the state's tax framework effectively.

Quick Summary

  • West Virginia LLCs function as pass-through entities, a tax structure that allows income and losses to pass directly to the owners' individual tax returns, thus enabling them to bypass federal taxation at the entity level.
  • The state of West Virginia imposes a graduated income tax system on LLC members, with rates ranging from a minimum of 3% for lower income brackets to a maximum of 6.5% for those in higher income brackets.
  • LLCs can opt for S-Corp or C-Corp taxation, impacting self-employment tax and benefits.

How Are LLCs Taxed in West Virginia?

LLC documents taxed in West Virginia

LLCs in West Virginia are taxed in accordance with the structure recognized by the Internal Revenue Service (IRS), with the default tax arrangement depending on the number of LLC Members [1].

This approach is mirrored at the state level by the West Virginia Department of Revenue.

"West Virginia LLC tax framework provides distinct advantages for businesses and individuals alike. The pass-through taxation system offers flexibility while minimizing the burden of federal taxes."
- Sarah Johnson, Tax Consultant, FinancialEdge Consulting

State Taxes for West Virginia LLCs

These are all the LLC structures and state taxes you are required to pay to the West Virginia Tax Division:

1. Single-Member LLC

Writing signature on Single Member LLC

The Internal Revenue Service (IRS) designates all Single-Member LLCs as Disregarded Entities for tax purposes.

This implies that the IRS doesn't require the LLC itself to submit a separate federal income tax return.

Instead, the responsibility falls on the owner of the Single-Member LLC to file the return and settle federal income taxes.

The method of federal income tax payment for the LLC depends on its ownership:

  • An individual owning an LLC is taxed comparably to a Sole Proprietorship.
  • If another business owns the LLC, it is taxed as a division or branch of the parent company.

2. Multi-Member LLC

When two or more individuals own an LLC, it adheres to the tax structure of a Partnership.

In this scenario, the LLC must submit a 1065 Partnership Return and furnish a Schedule K-1 to its owners.

The Schedule K-1 outlines the distributive portion of each owner's profits, which is subsequently attributed to each individual.

The income tax payment is made by each owner through their personal income tax return (Form 1040).

3. LLCs Taxed as S-Corp

Flipping pages on LLC tax documents as s-corp

Through the submission of Form 2553 to the IRS, your West Virginia LLC can seek the option of being taxed akin to an S-Corporation.

Choosing S-Corp taxation for an LLC can benefit businesses with established profits, leading to potential savings on self-employment taxes.

Opting for S-Corporation taxation entails additional expenses. It's generally advisable for new business owners to consider this tax election once their enterprise is well-established and revenue is consistent.

4. LLCs Taxed as C-Corp

By completing Form 8832 and submitting it to the IRS, your LLC can formally apply for C-Corporation taxation.

The C-Corp tax structure can offer advantages for sizable employers aiming to optimize healthcare fringe benefits.

Federal Taxes for West Virginia LLCs

Preparing federal taxes document for West Virginia

As an LLC owner, you're responsible for self-employment and federal income taxes, both following the "pass-through taxation" principle.

1. Federal Self-Employment Tax

Every member or manager benefiting from LLC profits must pay self-employment tax, encompassing Social Security, Medicare, and more, at a 15.3% rate.

Deductible business expenses can offset the self-employment tax amount.

Examples of self-employment tax payments based on earnings are as follows:

  • Earnings of $40,000 result in a self-employment tax of $6,120.
  • Earnings of $60,000 lead to a self-employment tax of $9,180.
  • Earnings of $80,000 entail a self-employment tax of $12,240.
  • Earnings of $100,000 correspond to a self-employment tax of $15,300.

2. Federal Income Tax

Federal income tax is levied on your West Virginia LLC's earnings you withdraw. The precise amount depends on your earnings, current tax bracket, deductions, and filing status.

Only profits you take out, minus eligible deductions and allowances, are subject to federal income tax.

Other Taxes

Reading other taxes document

West Virginia enforces various additional LLC business taxes within the state.

1. West Virginia State Employer Taxes

For employers, obligations encompass unemployment insurance (also known as unemployment compensation tax) and workers’ compensation taxes:

  • Unemployment Compensation (UC) Tax - New employers generally begin at a consistent 2.7% rate for 36 months, followed by adjustments depending on industry.
  • Workers’ Compensation—All West Virginia employers must secure and maintain workers’ compensation insurance. Rates range from $0.09 per $100 for office employees to $11.75 per $100 for roofing contractors. The West Virginia Insurance Commissioner oversees these rates. For details, consult the West Virginia Division of Labor (DOL) website [2].

2. Industry-Specific Taxes

The West Virginia Tax Division also imposes taxes tailored to specific industries:

  • Beer and Wine Tax
  • Health Care Tax
  • Cannabis Dispensary Tax (CDT)
  • Soft Drink Tax
  • Solid Waste Assessment Fee
  • Tobacco Tax
  • E-cigarette Liquids Tax

What is Tax-Deductible for an LLC in West Virginia?

Flipping document pages for tax deductible in West Virginia

Tax-deductible expenses for an LLC in West Virginia can include various business-related expenses incurred in the normal course of running the business.

These deductions can help reduce the LLC's taxable income, potentially lowering its overall tax liability. Common tax-deductible expenses for an LLC in West Virginia may include:

1. Operating Expenses

Deductions can be claimed for ordinary and necessary expenses incurred while operating the business. This includes costs like rent or lease payments for business premises, utilities, office supplies, and equipment.

2. Employee Wages and Benefits

Salaries, wages, and benefits paid to employees are typically tax-deductible. This includes salaries for full-time and part-time employees, as well as benefits like health insurance and retirement plan contributions.

3. Cost of Goods Sold (COGS)

If the LLC is involved in the sale of physical products, the cost of goods sold can be deducted. COGS includes expenses related to the production or purchase of goods sold by the business.

4. Advertising and Marketing

Money spent on advertising and marketing campaigns to promote the LLC's products or services is usually tax-deductible.

5. Travel and Entertainment

Expenses related to business travel, meals, and entertainment can be deductible, but there are specific rules and limitations on these deductions.

Keep detailed records and ensure expenses are directly related to the business.

6. Depreciation

You can deduct the cost of tangible assets (like equipment or vehicles) over time through depreciation deductions.

7. Home Office Expenses

If you use part of your home exclusively for your LLC's business activities, you may be eligible to deduct a portion of your home-related expenses, such as mortgage interest, utilities, and property taxes.

8. State and Local Taxes

West Virginia LLCs can typically deduct state and local taxes paid, including income tax, property tax, and sales tax if applicable.

Related Articles:


Is West Virginia a Tax-Friendly State?

Yes, West Virginia is a tax-friendly state. West Virginia carries a comparatively light tax load compared to numerous other states. The state's tax-friendly approach offers advantages to retirees, highlighted by exemptions applicable to Social Security benefits and pension income.

What Are the Benefits of an LLC in West Virginia?

The benefit of an LLC in West Virginia is the comprehensive safeguarding of personal assets. This means that in the event of a lawsuit, your residence and personal belongings remain shielded. This distinct advantage is unavailable to those operating as sole proprietors or within general partnerships in the state of West Virginia.

Do You Need Help Filing West Virginia LLC Taxes?

Utilizing my deep understanding of West Virginia's LLC tax regulations, I've meticulously unraveled the intricacies of the state's taxation framework.

This comprehensive overview encompasses default and elective tax statuses, federal tax responsibilities, and specialized industry-related taxes.

Armed with these insights, you can confidently navigate the multifaceted landscape of West Virginia's tax requirements.

For practical guidance, consider exploring resources like QuickBooks, which can assist you in efficiently managing your tax obligations.

About The Author

Co-Founder & Chief Editor
Jon Morgan, MBA, LLM, has over ten years of experience growing startups and currently serves as CEO and Editor-in-Chief of Venture Smarter. Educated at UC Davis and Harvard, he offers deeply informed guidance. Beyond work, he enjoys spending time with family, his poodle Sophie, and learning Spanish.
Learn more about our editorial policy
Growth & Transition Advisor
LJ Viveros has 40 years of experience in founding and scaling businesses, including a significant sale to Logitech. He has led Market Solutions LLC since 1999, focusing on strategic transitions for global brands. A graduate of Saint Mary’s College in Communications, LJ is also a distinguished Matsushita Executive alumnus.
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