Form Your Virginia S Corporation
Incorporate in the Old Dominion and elect S-corp status to pass profits through tax-free at the entity level while saving on self-employment tax near the heart of federal contracting
Filed in Virginia
The Old Dominion · VA
- State filing fee$75
- Processing timeImmediate online (CIS); same/next business day
- Our formation feeFree (you pay $100 if you choose a paid plan)
- Annual reportNo annual report fee; $100+/yr registration fee — due Annually by anniversary month
- State tax rate6% corporate income tax
- Expedited optionSame day (+$200)
Form your Virginia S-Corp — pay only the state filing fee, nothing more.
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Everything to launch your Virginia S-Corp
Free formation means you pay only the $75 state filing fee. All core services are included at no extra charge.
Articles of Incorporation filing
We prepare and submit your Articles of Incorporation to the Virginia State Corporation Commission (SCC).
Registered agent
Required in Virginia — we act as your agent for the first year.
EIN from the IRS
Your federal Tax ID — required to open a US business bank account and file taxes.
Corporate bylaws
Professionally drafted corporate bylaws — defines ownership, voting, and profit splits.
Benefits of forming an S-Corp in Virginia
Virginia pairs immediate online incorporation through the SCC with a 6% corporate income tax and no franchise tax, making it an efficient base for S corporations serving the federal, defense, and technology markets around Washington D.C. Because S-corp profits pass through to shareholders, owners avoid double taxation while still benefiting from Virginia's data-center, cybersecurity, and government-contracting economy.
Pass-through taxation avoids the corporate-level double tax on profits
Save on self-employment tax by splitting income into salary and distributions
Proximity to Washington D.C. and federal government contracts
No franchise tax in Virginia for standard entities
Nation's leading state for data centers and cloud computing
Immediate online incorporation through the SCC's CIS portal
Strong cybersecurity, defense, and technology workforce
Distributions to shareholders are not subject to payroll tax
Key features of a Virginia S-Corp
- Pass-through taxation with no entity-level double tax
- Payroll-tax savings on shareholder distributions
- Immediate online incorporation via the SCC's CIS portal
- No franchise tax for standard Virginia entities
- Proximity to D.C. and federal contracting
- 100-shareholder, U.S.-only ownership limit
Major industries in Virginia
Form your Virginia S-Corp in 6 steps
We handle every step while you stay in the loop. Processing takes Immediate online (CIS); same/next business day.
- 01
Incorporate Your Business in Virginia
An S corporation is a tax election, not a state entity. First form a corporation by filing Articles of Incorporation with the Virginia State Corporation Commission (SCC). The filing fee starts at $75 and online filing through CIS is immediate.
- 02
Appoint a Registered Agent
Virginia requires a registered agent with a physical address in the state to accept legal documents on behalf of your corporation.
- 03
Obtain an EIN and Issue Stock
Apply for a free EIN from the IRS, then issue a single class of stock to your shareholders. S corporations may have no more than 100 shareholders, all of whom must be U.S. citizens or residents.
- 04
File IRS Form 2553 to Elect S-Corp Status
Submit Form 2553 to the IRS to elect S corporation taxation. File within 75 days of forming your corporation, or by March 15 to take effect for the current tax year.
- 05
Set a Reasonable Salary and Run Payroll
The IRS requires S-corp owner-employees to pay themselves a reasonable W-2 salary before taking distributions. Register for Virginia withholding and run payroll to stay compliant.
- 06
File Your Annual Registration
Virginia has no annual report fee, but corporations must pay an annual registration fee starting at $100 per year (scaling with authorized shares) by the anniversary month of formation.
Virginia S-Corp costs at a glance
Kicker formation is free — you pay only the required state fees. No hidden charges.
Virginia S-Corp requirements checklist
Everything you need to form and maintain a Virginia S-Corp in 2026.
- File Articles of Incorporation with the Virginia SCC ($75)
- Appoint a registered agent with a physical Virginia address
- Obtain an EIN from the IRS and issue one class of stock
- File IRS Form 2553 within 75 days of formation (or by March 15)
- Limit ownership to 100 shareholders, all U.S. citizens or residents
- Pay owner-employees a reasonable W-2 salary before distributions
- Pay the annual registration fee (from $100/year) by anniversary month
Filing information
- Formation document
- Articles of Incorporation
- Filing agency
- Virginia State Corporation Commission (SCC)
- Registered agent
- Required
- Corporate bylaws
- Recommended
- EIN
- Required
- Name reservation fee
- $10 (120 days)
Free formation — pay only the state fee
Kicker formation is free. You pay the $75 Virginia state filing fee and nothing more for the Starter plan. Optional plans add registered agent, EIN, corporate bylaws, and compliance.
Starter
- Articles of Incorporation filing
- Name availability check
- Digital document delivery
- Formation status tracking
Booster
- Everything in Starter
- Registered agent (required in Virginia)
- EIN / Federal Tax ID
- Expedited processing (1–2 days)
- Corporate bylaws
- Priority support
- Kicker Voice — 3-day free trial
- Kicker Pay — free for 15 days
Founder
- Everything in Booster
- Business mailing address
- Bookkeeping — 3 months free
- Dedicated account manager
- Rush processing
- Kicker Voice — 6-day free trial
- Kicker Pay — free for 30 days
Kicker
- Everything in Founder
- ITIN filing & preparation
- Same-day priority processing
- 2nd year annual filing $0
- Kicker Voice 12-day + Kicker Pay 60 days free
Compare all plans on our pricing page.
Virginia S-Corp questions, answered
Common questions about forming an S-Corp in Virginia. Can't find an answer? Talk to our team.
How do I form an S corporation in Virginia?
An S corporation is a federal tax election, not a separate state entity. You first form a corporation by filing Articles of Incorporation with the Virginia State Corporation Commission ($75), then file IRS Form 2553 to elect S-corp status.
How much does it cost to form an S corporation in Virginia?
The state filing fee to incorporate is $75. There is no IRS fee to file Form 2553 for the S-corp election. Virginia charges an annual registration fee starting at $100 per year, with no separate annual report fee.
How long does Virginia incorporation take?
Filing online through the SCC's CIS portal is immediate, with documents typically processed the same or next business day.
When must I file Form 2553 for the S-corp election?
File IRS Form 2553 within 75 days of forming your corporation, or by March 15 to have the election take effect for the current tax year.
How does an S corporation save on taxes?
S-corp profits pass through to shareholders, avoiding the corporate-level double tax. Owners pay themselves a reasonable W-2 salary and take remaining profits as distributions, which are not subject to self-employment or payroll tax.
Who can own a Virginia S corporation?
An S corporation may have no more than 100 shareholders, all of whom must be U.S. citizens or residents, and only one class of stock. Foreign owners are not eligible for the S-corp election.
Does Virginia have a franchise tax for S corporations?
Virginia does not impose a franchise tax on standard entities. The state has a 6% corporate income tax, and S-corp income generally passes through to shareholders' individual Virginia returns.
Do I need to file a BOI report for my Virginia S corporation?
No. Under FinCEN's March 2025 interim final rule, U.S. domestic entities and U.S. persons are exempt from beneficial ownership (BOI) reporting. Only foreign-formed entities registered in a U.S. state still file.
Virginia government filing resources
Filing fees for common S-Corp services
Official Virginia state charges for the filings you may need after formation — our service fee is separate, and we confirm the current amount before filing.
$10 to reserve an available business entity name for 120 days.
$6.00 each, whether downloaded instantly online via CIS or ordered by mail (check payable to State Corporation Commission).
Learn more$6.00 per certified copy/request when ordered online via CIS, with NO additional per-page charge.
$10.00 per document (not per page).
Fee VARIES by number of authorized shares: $25 filing fee + charter/entrance fee.
Learn moreNo registration fee — registering as a dealer for Retail Sales and Use Tax is free.
Learn moreIdentical to a Virginia stock corporation — S-corporation is a federal IRS election (Form 2553), not a separate Virginia entity.
Learn moreIdentical to a Virginia stock corporation — S-corporation is a federal IRS election (Form 2553), not a separate Virginia entity.
Learn moreEverything you need to run your Virginia S-Corp
Formation is the first step — stay compliant and operational with these services.
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Ready to form your Virginia S-Corp?
Formation is free — you pay only the $75 Virginia state filing fee. Personal-asset protection, pass-through taxation, and a complete document package, filed in Immediate online (CIS); same/next business day.
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