Key Takeaways
- Virginia allows incoming LLC domestication directly (Va. Code §13.1-1074 et seq. (Article 14 of the Virginia LLC Act)) — your LLC keeps its original formation date
- Filing fee: $100
- No new EIN is needed. Virginia's statute (§13.1-1079) explicitly confirms the domesticated entity is deemed to have been organized on its original formation date, meaning the IRS treats your EIN as unchanged — you should still update your address on file with the IRS (Form 8822-B) once your Virginia registered agent address is set.
- No separate withdrawal filing is required as a condition of the Virginia domestication. Virginia's own statute (§13.1-1078, "Surrender of articles upon domestication") mechanically reflects the transition on the Virginia side, but doesn't require independent proof of formal withdrawal from your old state — check whether your old state expects its own closing filing separately.
- Same-day LLC domestication filing available through LLC Attorney, at no markup on state fees
If your LLC is formed in another state but you've relocated (or your business has) and want Virginia to be its new legal home, domestication lets you make that move without dissolving the company and starting over.
This guide covers exactly how to domesticate an LLC into Virginia in 2026 — the $100 Articles of Domestication filing (which you have to draft yourself, not fill in a form), what happens to your EIN and formation date, and what's still owed to your old state.
What Is LLC Domestication?
Domestication (sometimes called continuance or statutory conversion) lets you move your LLC from one state to Virginia without dissolving it and starting over. Done correctly, the LLC keeps its original formation date, its EIN, and its contracts — only its home state changes.
Can You Domesticate an LLC Into Virginia?
Yes. Virginia's LLC Act includes a statutory domestication provision (Va. Code §13.1-1074 et seq. (Article 14 of the Virginia LLC Act)), so an out-of-state LLC can become a Virginia LLC directly while retaining its original formation date.
How to Domesticate Your LLC in Virginia
- Filing agency: Virginia State Corporation Commission (SCC), Clerk's Office
- Form: Articles of Domestication (a self-drafted document using form LLC-1077 only as a content guide), filed with Articles of Organization (LLC-1077 (guide only — not a fillable form))
- Filing fee: $100
- Processing time: Filed online via the SCC's CIS system; standard processing time not separately published by the SCC
- Certificate of Good Standing: Not required by Virginia.
- Plan of domestication: A formal plan of domestication must be adopted and filed alongside the conversion paperwork.
- Member approval: Under §13.1-1076, the domestication is approved in the manner your operating agreement provides for amendments — if your operating agreement is silent, Virginia's default is approval by all the members, since domestication is treated as a fundamental change requiring unanimous consent absent contrary agreement terms.
What Happens to Your EIN, Contracts, and Formation Date?
Domesticating to Virginia preserves your LLC's original formation date — the entity continues, it doesn't restart.
No new EIN is needed. Virginia's statute (§13.1-1079) explicitly confirms the domesticated entity is deemed to have been organized on its original formation date, meaning the IRS treats your EIN as unchanged — you should still update your address on file with the IRS (Form 8822-B) once your Virginia registered agent address is set.
All existing contracts, bank accounts, licenses, and pending liabilities carry over automatically — Virginia's domestication statute treats the domesticated LLC as the same entity that existed in the old state, not a new one stepping into its shoes.
Do I Need to Close My LLC in My Old State?
No separate withdrawal filing is required as a condition of the Virginia domestication. Virginia's own statute (§13.1-1078, "Surrender of articles upon domestication") mechanically reflects the transition on the Virginia side, but doesn't require independent proof of formal withdrawal from your old state — check whether your old state expects its own closing filing separately.
If your business keeps operating in your old state after moving its legal home to Virginia (an office, employees, or regular in-state activity there), you'll likely need to foreign-qualify in that state instead of maintaining it as your domestic entity — check the old state's foreign-qualification requirements once the move is final.
When Do Virginia's Taxes and Filings Start?
Virginia's tax and annual-report obligations begin as soon as the domestication is effective — Virginia LLCs owe an annual registration fee to the SCC each year, and the LLC becomes subject to Virginia's tax treatment (pass-through for most LLCs) from that point forward.
You'll typically owe a final-year return to your old state covering the period before the domestication took effect, prorated to the effective date — confirm the exact filing requirement with that state's tax agency, since this varies based on where your prior state was.
How to Move Your LLC to Virginia Step by Step
If You Do It Yourself
Step 1 — Confirm your LLC is in good standing in its current state.
Virginia doesn't require this document, but it's still worth confirming your LLC is current before filing.
Step 2 — Get member approval for the move.
Under §13.1-1076, the domestication is approved in the manner your operating agreement provides for amendments — if your operating agreement is silent, Virginia's default is approval by all the members, since domestication is treated as a fundamental change requiring unanimous consent absent contrary agreement terms.
Step 3 — File the domestication paperwork.
File with Virginia State Corporation Commission (SCC), Clerk's Office using the Articles of Domestication (a self-drafted document using form LLC-1077 only as a content guide), filed with Articles of Organization, $100.
Step 4 — Confirm your EIN and contracts carry over.
No new EIN is needed. Virginia's statute (§13.1-1079) explicitly confirms the domesticated entity is deemed to have been organized on its original formation date, meaning the IRS treats your EIN as unchanged — you should still update your address on file with the IRS (Form 8822-B) once your Virginia registered agent address is set. All existing contracts, bank accounts, licenses, and pending liabilities carry over automatically — Virginia's domestication statute treats the domesticated LLC as the same entity that existed in the old state, not a new one stepping into its shoes.
Step 5 — Appoint a registered agent in your new state.
Virginia calls this role a "Registered Agent" — required before or as part of the domestication filing.
Step 6 — Handle your old state's final obligations.
No separate withdrawal filing is required as a condition of the Virginia domestication. Virginia's own statute (§13.1-1078, "Surrender of articles upon domestication") mechanically reflects the transition on the Virginia side, but doesn't require independent proof of formal withdrawal from your old state — check whether your old state expects its own closing filing separately. You'll typically owe a final-year return to your old state covering the period before the domestication took effect, prorated to the effective date — confirm the exact filing requirement with that state's tax agency, since this varies based on where your prior state was.
Step 7 — Update your tax and compliance calendar.
Virginia's tax and annual-report obligations begin as soon as the domestication is effective — Virginia LLCs owe an annual registration fee to the SCC each year, and the LLC becomes subject to Virginia's tax treatment (pass-through for most LLCs) from that point forward.
Step 8 — Watch for Virginia-specific domestication traps.
The single most common Virginia-specific mistake is treating LLC-1077 as a fillable form. It's a content guide only — the SCC requires filers to draft their own Articles of Domestication document that includes the required statutory content (current and target jurisdictions, terms and conditions, and amended and restated articles), and a marked-up version of the guide itself will be rejected.
If LLC Attorney Does It for You
- Submit your LLC's current-state details at llcattorney.com — name, formation date, and member information.
- LLC Attorney handles the domestication filing, obtains your Certificate of Good Standing, and serves as your registered agent in Virginia once the move is complete.
- Receive confirmation of your completed move, plus access to flat-fee attorney consultations (no retainer) for any old-state wind-down questions.
When Should You Talk to an Attorney About Moving Your LLC to Virginia?
Talk to an attorney before domesticating your LLC to Virginia if you're not comfortable drafting the Articles of Domestication as an original document (rather than filling in a state form), if your operating agreement is silent on conversion/amendment approval and you have multiple members, or if you want confirmation on what, if anything, your old state still requires once Virginia's filing is complete.
Is Virginia a State Where Domestication Complexity Matters More?
Virginia is worth extra care not because its law is unusual, but because of a genuine drafting trap: the SCC requires you to draft your own Articles of Domestication document using form LLC-1077 purely as a content guide — submitting the guide itself, or a marked-up version of it, is a common rejection reason for first-time filers.
What You Actually Get With LLC Attorney's Virginia Domestication Service
The part of Virginia LLC domestication that trips people up isn't the cost or the legal requirements — it's that the SCC's LLC-1077 is a content guide, not a fillable form, and filers who submit it directly get rejected. LLC Attorney drafts the required Articles of Domestication document correctly from the start.
- LLC domestication to Virginia, starting at $149.
- Certificate of Good Standing retrieval, filing prep, and registered agent service all handled in one order.
- Old-state withdrawal and final-tax-obligation guidance specific to your prior state — not a generic multi-state template.
- Access to professionally trained Business Success Advisors at no charge, plus flat-fee attorney consultations (no retainer) for move-specific questions.
Moving your LLC's legal home to Virginia is straightforward once the Articles of Domestication are drafted correctly — LLC Attorney handles that drafting so nothing gets kicked back by the SCC.
Ready to Move Your LLC to Virginia?
LLC Attorney handles the domestication filing for LLCs moving to Virginia, starting at $149. See our full pricing for all service tiers.
Frequently Asked Questions
Yes. Virginia's LLC Act (Va. Code §13.1-1074 et seq., Article 14) includes a statutory domestication provision, so an out-of-state LLC can become a Virginia LLC directly while retaining its original formation date.
Yes. Virginia's statute (§13.1-1079) explicitly states the domesticated entity is deemed to have been organized on the date it was originally formed — your formation date, EIN, and contracts all carry over, since only the home state changes.
$100, confirmed directly on the Virginia SCC's domestications page. Processing time isn't separately published by the SCC; filings are submitted online through its CIS system.
No. Your EIN stays the same — domestication continues the same legal entity rather than creating a new one. Update your address with the IRS via Form 8822-B once your Virginia registered agent is set.
Virginia doesn't require independent proof of formal withdrawal from your old state as part of its own filing — its statute mechanically handles the transition on the Virginia side. Check separately whether your old state expects its own closing paperwork.
Virginia's annual SCC registration fee and tax treatment begin as soon as the domestication is effective. Build both into your compliance calendar from that date forward.
Follow your operating agreement's amendment-approval process if it addresses conversion; if it's silent, Virginia's default under §13.1-1076 requires approval by all members.
Virginia's SCC doesn't publish a specific standard processing time for domestication filings submitted through its online CIS system — budget a few business days and confirm current turnaround directly with the SCC when you file.
Yes. LLC Attorney handles the domestication filing for LLCs moving to Virginia, starting at $149.