Decide on a name for your business, and make sure the name is available

In Virginia, you may conduct business under your legal name, or any name that you register with the Virginia State Corporation Commission.

Depending on the structure you choose (see below) you may also wish to register a fictitious name (also called a “trade” name, or a “doing business as”).

For example, if you register your business as Mary Smith’s Delicious Cookies, Inc. but you advertise your business as “Mary’s Cookies” you will want to register both the corporation name, and “Mary’s Cookies”.

Make sure your chosen name is available, and that your preferred domain name is available before you start the registration process.

Note: Registering your business name does not provide trademark or copyright or other similar protections.

Read more:

• Business entity registration – Virginia State Corporation Commission
• Fictitious/trade name – Virginia State Corporation Commission
• 7 Tips for Naming Your Business (Entrepreneur)

Select a business entity structure/type which will provide you with the proper legal protections and tax benefits

The legal structure you choose has a lot to do with your overall tax strategy and personal liability exposure you’re willing to risk. Some examples of legal structures include but are not limited to, sole proprietorships, limited liability companies, partnerships, nonprofits, and corporations.

Fairfax CORE has many trained business coaches who are available to assist you in understanding your options.

Read more:

• Choose a business structure (sba.gov)
• Virginia Business One Stop

Connect:

• Find free legal services and business counseling on Fairfax CORE.
• If you need a lawyer, the Fairfax Bar Association’s Lawyer Referral Service can help you find one.

Establish your business entity with the Internal Revenue Service.

Once you have established your legal structure, you will most likely need to obtain a taxpayer identification number from the Internal Revenue Service.

Read more:

• Employer Identification Number (IRS.gov)

Virginia-based businesses pay taxes on the Federal, State, and local level.

For an overview, read this Fairfax County Economic Development Authority overview of major state and local taxes and fees that may be applicable to businesses in Fairfax County. Then, see each section below for more details.

Understand your tax obligations with the Commonwealth of Virginia

Tax obligations to the Commonwealth of Virginia are based on the characteristics of each business. According to the Virginia Tax website, the most common tax types include:

• Retail sales tax (in-state dealers)
•  Use tax (out of state dealers with nexus in Virginia, or those choosing to collect sales tax as a courtesy to their Virginia customers);
• Employer withholding (if you have Virginia employees); and
• Corporation or pass-through entity income taxes.

Source: www.tax.virginia.gov

Note:  These business taxes are different than, and in addition to, income tax.

Read more: 

• Virginia Tax Registration Checklist
• The Virginia Business One Stop

Watch:

• Step-by-step guide to register your business with Virginia.

Connect:

• The Virginia Department of Small Business and Supplier Diversity (SBSD) provides a one-stop service for technical assistance related to business formation, access to capital, workforce development, and entrepreneurial workshops.

Employer Regulations

Before you expand your team, make sure that you are aware of your obligations as an employer.

As a general rule, a business with more than two employees is required to carry workers’ compensation coverage. An employee is viewed broadly under workers’ compensation law and includes part-time, seasonal and temporary workers, minors, trainees, immigrants and working family members.

For a contractor or other business that hires subcontractors to assist in their trade, business or to complete a contract, the subcontractors’ employees are included when counting the total number of employees to assess when coverage is required. If the total of the contractor’s employees plus the sum total of subcontractors’ employees is more than two, then coverage is required. This requirement applies regardless of whether the subcontractor has their own workers’ compensation coverage. For additional contractor information read the Contractor Information Sheet. An employer that is not required to carry coverage under the law may obtain coverage voluntarily.

Source:  Virginia Workers’ Compensation Commission

Read more:

• Information for Employers: Virginia Workers’ Compensation Commission
• Employer FAQs | Virginia Workers’ Compensation Commission
• Summary of the Major Laws of the Department of Labor | U.S. Department of Labor (dol.gov)
• Hire and manage employees | U.S. Small Business Administration (sba.gov)
• Employee or an independent contractor (IRS)
• Fairfax CORE can help you find employees. Learn more in the business logistics subguide.

Connect:

• Virginia Workers’ Compensation Commission
• Virginia Employment Commission (VEC)
• Find free business counseling on Fairfax CORE

Know what your industry requires.

Many professions have licensing requirements, which are managed by Commonwealth of Virginia. Check these agencies to determine whether your profession has licensing or registration requirements:

• Virginia Department of Health Professions (DHP)
• Virginia Department of Professional and Occupational Regulation (DPOR)

Certain professions including contractors, builders and developers, architects, engineers, and massage therapists will be required to show proof of license to obtain business licenses.

Additionally, certain businesses may be regulated by Fairfax County or the locality in which the business operates. See the Industry Specific Guides and Guide for Town and City-based Businesses.

Whether your business will operate from your home or a commercial location, you likely need a permit.  Read the Location Considerations and Location Permits Subguide for more information.

Obtain your business license (BPOL) from your locality’s tax department and learn about business tangible property taxes.

A few general notes about business licenses:

• Businesses (including home-based businesses) must receive a business license, commonly called BPOL, from the jurisdiction in which their business is physically located. Tax rates, due dates and application processes vary. Please see below to link directly to your jurisdiction’s information. BPOL must be applied for within 75 days of starting a business.
• BPOL is renewed annually, and the payment is calculated based on gross receipts of the business.
• In addition to BPOL, businesses are required to pay annual business tangible property taxes to their locality. Businesses in the towns of Clifton, Herndon, and Vienna pay business tangible property taxes to Fairfax County.

Depending on your business type, there may be other permits, licenses or taxes required. Connect with a business counselor to be sure that you are aware of the obligations associated with your specific business in your chosen location. 

Click on the tab for your jurisdiction to learn more and read the Guide for Town or City-based Businesses to learn more.

Not sure of your location? See About the CORE Localities for information.