How to elect S-Corp status in West Virginia
An S-Corporation election in West Virginia can save self-employed business owners thousands in self-employment tax. The federal deadline is April 15 (Form 2553). West Virginia state-level tax treatment is 6.5% flat. We file the federal election and any required West Virginia forms for $0 service fee.
West Virginian S-Corp election at a glance
| Federal form | IRS Form 2553 |
|---|---|
| Federal deadline | April 15 |
| West Virginia state tax | 6.5% flat |
| Eligibility | ≤100 shareholders, all US persons |
| File.Business fee | $0 |
Is an S-Corp election worth it in West Virginia?
An S-Corp election in West Virginia typically makes sense when:
- Your business net profit is roughly $40,000 or more per year
- You can pay yourself a reasonable salary plus take distributions
- You are willing to run payroll (required for S-Corp owners)
- You file your S-Corp tax return by April 15 each year
The savings come from splitting your income between W-2 wages (subject to FICA) and S-Corp distributions (not subject to self-employment tax). Use our S-Corp savings calculator to see your specific number.
West Virginian S-Corp election: step-by-step
- Have an eligible entity. Your West Virginian LLC or C-Corporation must already exist. Form an LLC or form a corporation first if needed.
- Confirm eligibility. All shareholders must be US persons (no corporations, partnerships, or foreign nationals), and you must have 100 or fewer shareholders.
- File IRS Form 2553. Submit within 2 months and 15 days of the tax year you want the election to take effect, or by March 15 of the current year.
- Check West Virginia state requirements. Some states require a separate state-level election. West Virginia's tax treatment is 6.5% flat.
- Set up payroll. S-Corp owners must take a reasonable salary subject to payroll tax. Our payroll partners handle setup.
- File annual S-Corp returns. Form 1120-S federally and West Virginia state returns by April 15 each year.
File your West Virginian S-Corp election
We prepare and file Form 2553, handle any West Virginia state-level requirements, and connect you to a payroll partner. $0 service fee.
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What is the West Virginian S-Corp filing deadline?
The federal S-Corp tax return (Form 1120-S) is due by April 15 each year. State returns follow the same schedule in most cases.
Does West Virginia have its own S-Corp tax?
West Virginia's state-level treatment for S-Corps is 6.5% flat. Always confirm with a tax professional or the West Virginia Department of Revenue.
Can my LLC elect S-Corp status in West Virginia?
Yes. Many West Virginian LLCs elect S-Corp tax treatment to reduce self-employment tax. The LLC remains an LLC for legal purposes but is taxed as an S-Corp.
How much can I save with an S-Corp in West Virginia?
Typical savings range from $2,000 to $10,000+ per year for businesses with $50K-$250K in net profit. Use our savings calculator for your specific number.
On the $129/yr Compliance Annual Filings plan, we cover state late fees.
When you autofile your annual report through the $129/yr plan and we miss the deadline, we pay the state's late fee. The guarantee applies to that specific plan and the filings it includes. Other File.Business services are billed at the prices on this page.