Virginia Formation Guide

Form a 📊 S-Corp in 🦅 Virginia

Step-by-step guide to forming a S-Corp in Virginia. Filing fee ($75), requirements, timeline, taxes, and what international founders need to know.

Start Formation — $75 → Get AI Recommendation

$75

Filing Fee

$50/yr

Annual Cost

Min Processing Days

Low

Privacy Level

Why Virginia for a S-Corp?

Government & Defense Tech Hub

✓ Virginia Advantages

#1 state for government contracting
Fast-growing Northern Virginia tech corridor
No franchise tax
Business-friendly government

✗ Considerations

State income tax applies
Government contract dependency
$100 filing fee
Less startup-friendly than Delaware

How to Form a S-Corp in Virginia

Step-by-step process for international founders.

Form a C-Corp or LLC first

File Form 2553 (S-Corp election) with IRS

Meet all eligibility requirements

Set up payroll for owner salary

File annual Form 1120-S

File annual report / pay annual fees in Virginia

Annual fee: $50. Due: Annually

S-Corp in Virginia: Costs Breakdown

Cost Item	Amount	Notes
State filing fee	$75	One-time, paid to Virginia SOS
Registered agent (Year 1)	$50–$150/yr	Required in Virginia
Annual report / renewal	$50/yr	Due: Annually
EIN (Federal Tax ID)	Free	Apply via IRS Form SS-4
Operating Agreement / Bylaws	$0–$500	DIY or attorney-drafted
Business bank account	$0	Mercury or Relay recommended
Total Year 1 (estimated)	$225–$775	Varies with registered agent choice

Tax Treatment: S-Corp in Virginia

Federal Tax

Pass-through (but owners pay salary + save on SE tax)

IRS Form: Form 1120-S + Schedule K-1

State Tax in Virginia

Yes (2–5.75%)

Franchise tax: None

Frequently Asked Questions

Can I form a S-Corp in Virginia as a non-US resident?

Yes. Virginia allows non-US residents to form a S-Corp entirely remotely. You need a registered agent with a Virginia address, and you'll apply for an EIN from the IRS using Form SS-4.

Do I need to live in Virginia to form a S-Corp there?

No. You can form a Virginia S-Corp from anywhere in the world. However, you must maintain a registered agent with a physical Virginia address.

How long does S-Corp formation take in Virginia?

Standard processing: 3–5 days. Expedited processing is available for an additional fee through the Virginia Secretary of State.

What bank account should I open for my Virginia S-Corp?

Mercury and Relay are the top choices for international founders. Both open accounts fully online, require no US visit, and work well with Virginia entities.