State guide · West Virginia · 2026 rules
S corporation in West Virginia: what the election changes
West Virginia exempts an S corporation from its corporation net income tax. The main state change is unemployment tax on your salary.
Choose a state and enter your profit and salary to see the comparison.
The state
West Virginia follows the federal S election with no separate state form. The S corporation is exempt from the corporation net income tax and files an information return. The income passes to you, as it does today.
Every corporation and LLC pays the same $25 annual report fee ($50 for a two-year report where allowed). An LLC that elects pays the same fee. A sole proprietor who forms an LLC to elect starts paying it.
Unemployment tax on your salary
Unemployment insurance: 2.7% for a new employer on the first $9,500 of wages. A sole proprietor owes no unemployment tax on their own earnings. After the election the S corporation pays it on your salary, because corporate officers are covered.
A 2026 law cuts contribution rates by 7% from July 1, 2026, and adds an annual automation and administration fee. The state has not published how either applies to a new employer, so the calculator uses the 2.7% rate.
The optional pass-through entity tax
A one-owner S corporation can elect to pay West Virginia’s pass-through entity tax at the top individual rate, 4.58% for 2026. Filing Form EPT-100 is the election; the Tax Department says it is due March 15 for a calendar year. You get a credit for the tax, but it is not refundable: any excess carries forward. The calculator leaves it out.
Worked examples
A single-member LLC owner, single filer, 22% federal bracket, default payroll and return costs. The figure is total tax and added costs as an S corporation compared with staying as you are.
| Profit / salary | Statewide |
|---|---|
| $80,000 / $45,000 | $724 lower |
| $120,000 / $60,000 | $3,125 lower |
| $200,000 / $90,000 | $7,905 lower |
Starting payroll in West Virginia
Register for state withholding with the State Tax Department and for unemployment insurance with WorkForce West Virginia, both through the WV One Stop Business Center.
Other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, DC
- West Virginia
- Wisconsin
- Wyoming
Sources
- W. Va. Code §11-24-5(d)
- W. Va. Code §59-1-2a(c) (am. 2026 HB 5227 and SB 670)
- W. Va. Code §11-21-3a(k)
- WV State Tax Department, Elective Pass-Through Entity Tax page
- W. Va. Code §21A-1A-28(b)(1) (amended 2024, SB 841)
- W. Va. Code §21A-5-5(d) (2026 SB 1053, eff. 2026-07-01)
- W. Va. Code §21A-9-10(c)(1) (2026 SB 1053)
Federal figures: IRS Publication 15 (2026), Schedule SE and Form 2553 instructions. Every figure was read on an official page and checked a second time. Checked October 24, 2026. How we check facts.