New Jersey vs Virginia LLC: fees, taxes, and which to pick
Data last updated: Apr 21, 2026New Jersey charges $125 to form an LLC; Virginia charges $100. Day-one sticker price is only part of the story, since most of the real cost comes from the annual obligations that stack up each year you keep the LLC open.
Over a rolling three-year window, Virginia runs about $100 less in total state fees than New Jersey. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.
On speed, New Jersey typically clears standard online filings faster than Virginia. Both states offer expedited tiers at an additional cost for filers on tight timelines.
For most small operators the choice is not really between these two states at all. It is between forming where the business actually operates and trying to route through a non-resident filing. The data below shows what each option actually costs.
Key differences at a glance
- Virginia costs $25 less to form ($100 vs $125).
- Virginia is $25 per year cheaper to maintain ($150 vs $175).
Where each state fits
For most filers, forming in the state you actually operate from is the right call. The side-by-side below shows where the two states meaningfully diverge.
Three-year cost, side by side
Rough estimate of the state-facing cost to form and keep an LLC through three years. Both totals include a $100 per year registered-agent estimate.
Running total includes the one-time filing fee and annual ongoing costs (report fee or franchise tax plus a $100/year registered agent estimate).
What it costs under your specific situation
The table below runs the same LLC through four common scenarios. "Non-resident" rows assume a typical home-state foreign LLC registration adds about $200 per year of stacked cost; the real number depends on which state you live in and ranges from $50 to over $800 depending on jurisdiction.
| Scenario | Year 1 | Each year after | 3-year total |
|---|---|---|---|
| You live in New Jersey, business operates there No foreign LLC registration needed. You pay New Jersey fees only. | $300 | $175 | $650 |
| You live in Virginia, business operates there No foreign LLC registration needed. You pay Virginia fees only. | $250 | $150 | $550 |
| Non-resident forming in New Jersey with operations elsewhere You pay New Jersey's fees plus a typical home-state foreign LLC registration of about $200 per year. | $500 | $375 | $1,250 |
| Non-resident forming in Virginia with operations elsewhere You pay Virginia's fees plus a typical home-state foreign LLC registration of about $200 per year. | $450 | $350 | $1,150 |
New Jersey vs Virginia: full comparison
| Dimension | New Jersey | Virginia |
|---|---|---|
| Online filing Can you file the formation document online? | Yes | Yes |
| Online approval time Standard, non-expedited | 3 business days | 5 business days |
| Expedited option Paid fast-track filing | $25 | $100 |
| Annual report Required in addition to tax | Required, $75 | Required, $50 |
| State-imposed annual tax Franchise, privilege, or LLC tax minimum | None | None |
| State income tax On pass-through LLC income at member level | Yes | Yes |
| Publication requirement Newspaper publication after formation | No | No |
| Operating agreement Required by state statute | Recommended, not required | Recommended, not required |
| Foreign LLC fee Cost to register as a foreign LLC in this state | $125 | $100 |
| State sales tax General statewide rate | 6.6% | 4.3% |
Taxes in New Jersey and Virginia
How each state handles entity-level tax on LLCs. Pass-through classification means member-level income tax also applies at each member's residence state.
New Jersey tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 9.0%.
Virginia tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 6.0%.
Ongoing compliance
The recurring filings each state requires after formation.
New Jersey
Annual report $75, due on your anniversary month. Registered agent required in New Jersey.
Virginia
Annual report $50, due on your anniversary month. Registered agent required in Virginia.
Formation process, side by side
What actually happens from the moment you start filing to the moment you're in good standing. Use this as a checklist.
New Jersey
- Check business-name availability on the New Jersey entity search.
- Appoint a registered agent with a physical New Jersey street address.
- File Public Records Filing for New Business Entity (Certificate of Formation) for $125.
- Wait for approval. Online typically 3 business days. Paid expedite from $25.
- Adopt an operating agreement (recommended, not required by New Jersey statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- File your first annual report and pay $75 when it comes due.
Virginia
- Check business-name availability on the Virginia entity search.
- Appoint a registered agent with a physical Virginia street address.
- File Articles of Organization of a Virginia Limited Liability Company (Form LLC1011) for $100.
- Wait for approval. Online typically 5 business days. Paid expedite from $100.
- Adopt an operating agreement (recommended, not required by Virginia statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- File your first annual report and pay $50 when it comes due.
Before you pick either state
A few things that apply no matter which state you choose. These trip up enough first-time filers that they're worth stating explicitly.
Registered agent is non-negotiable. Both New Jersey and Virginia (and every other US state) require every LLC to designate a registered agent with a physical street address in the state of formation. You can serve as your own agent if you live in the state; otherwise a commercial agent runs $50 to $125 per year. Using your own home address makes it part of the public record.
Forming elsewhere does not escape your home state's tax. If you live and operate a business from your home state, forming the LLC in New Jersey or Virginia does not avoid your home state's income tax. The moment you transact business at home, your home state requires a foreign LLC registration, and state tax liability follows your residence regardless of where the entity sits on paper.
EIN applications are free. The IRS issues Employer Identification Numbers directly at no cost. Any service charging you to "get your EIN" is reselling a free form submission. Single-member LLCs with no employees technically don't need one for federal tax, but nearly every bank requires an EIN to open a business account.
Operating agreement matters more than the state you pick. A well-drafted operating agreement governs member ownership, management, profit splits, buy-sell terms, and dissolution. Without one, your LLC runs on the state's default rules, which are rarely what you want. California, Maine, Missouri, and New York require a written one by statute; every other state treats it as strongly recommended.
Agency contacts
New Jersey Division of Revenue and Enterprise Services
- Website
- www.nj.gov/treasury/revenue
- Phone
- (609) 292-9292
- NJ Division of Revenue, P.O. Box 252, Trenton, NJ 08646-0252
- Office
- 33 West State Street, 5th Floor, Trenton, NJ 08608
- Hours
- 8:30 AM to 4:30 PM Eastern, Monday to Friday
Virginia State Corporation Commission, Clerk's Office
- Website
- www.scc.virginia.gov
- Phone
- (804) 371-9733
- sccinfo@scc.virginia.gov
- State Corporation Commission, Clerk's Office, P.O. Box 1197, Richmond, VA 23218-1197
- Office
- Tyler Building, 1300 E. Main Street, Richmond, VA 23219
- Hours
- 8:15 AM to 5:00 PM Eastern, Monday to Friday
New Jersey Division of Taxation
- Website
- www.nj.gov/treasury/taxation
- Phone
- (609) 292-6400
- NJ Division of Taxation, P.O. Box 248, Trenton, NJ 08646-0248
- Office
- 3 John Fitch Way, Trenton, NJ 08611
- Hours
- 8:30 AM to 4:30 PM Eastern, Monday to Friday
Virginia Department of Taxation
- Website
- www.tax.virginia.gov
- Phone
- (804) 367-8037
- Virginia Tax, Office of Customer Services, P.O. Box 1115, Richmond, VA 23218-1115
- Office
- 1957 Westmoreland Street, Richmond, VA 23230
- Hours
- 8:30 AM to 5:00 PM Eastern, Monday to Friday
Frequently Asked Questions
-
Is it cheaper to form an LLC in New Jersey or Virginia?
Virginia is cheaper at formation ($100) than New Jersey ($125). Ongoing costs are also different: $150 vs $175 per year. Total over three years: $550 vs $650.
-
Can I form an LLC in New Jersey if I live in Virginia?
Yes, but your Virginia business will almost certainly need to register as a foreign LLC in Virginia too, which means paying Virginia's foreign registration fee and any ongoing Virginia obligations on top of the New Jersey ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.
-
How long does it take to form an LLC in New Jersey vs Virginia?
New Jersey online: 3 business days; Virginia online: 5 business days. New Jersey offers paid expedite from $25. Virginia offers paid expedite from $100.
-
Which state has lower taxes for an LLC, New Jersey or Virginia?
New Jersey: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. Virginia: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax.
-
Do both states require a registered agent?
Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. New Jersey and Virginia both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.
-
Which state should I pick if I run an online business from home?
Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in New Jersey or Virginia to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.
Full state guides
More New Jersey and Virginia comparisons
More New Jersey vs ...
Sources
- Filing fee: www.nj.gov/treasury/revenue/fees.shtml · verified April 21, 2026
NJ Division of Revenue and Enterprise Services fee schedule: Certificate of Formation (domestic LLC) = $125. Same fee applies whether filing online, by mail, in person, or by fax. - Expedited filing: www.nj.gov/treasury/revenue/fees.shtml · verified April 21, 2026
NJ DORES expedited (over-the-counter) fee schedule: $25 per filing for standard expedited/OTC, $50 same-day fax, $500 2-hour service, $1,000 1-hour service. Report $25 OTC as the cheapest expedited tier. Online standard filings typically process within 1–3 business days without a separate expedite charge. - Certificate of Formation form: www.njportal.com/dor/businessformation/home/welcome · verified April 21, 2026
New Jersey does not publish a single fillable Certificate of Formation PDF specifically for LLCs. Formation is accomplished via the online 'Business Formation' portal (Public Records Filing for New Business Entity). Form L-102 is used only for amendments. Paper filers draft their own certificate per N.J.S.A. 42:2C-18. - Business name search: www.njportal.com/DOR/BusinessNameSearch/Search/BusinessName · verified April 21, 2026
New Jersey Business Name Search, operated by the Division of Revenue and Enterprise Services. Used to check name availability before filing a Certificate of Formation. - Operating agreement requirement: law.justia.com/codes/new-jersey/title-42/section-42-2c-11/ · verified April 21, 2026
N.J.S.A. 42:2C-11 defines and governs the operating agreement under the New Jersey Revised Uniform Limited Liability Company Act (RULLCA). Agreements may be written, oral, or implied; the statute does not require an LLC to adopt one. Default RULLCA provisions fill gaps. Justia is used as a neutral statute mirror because the legislature's official site (pub.njleg.gov) is often WAF-blocked. - Publication requirement: www.nj.gov/treasury/revenue/gettingregistered.shtml · verified April 21, 2026
New Jersey does not require LLCs to publish a notice of formation. Neither N.J.S.A. 42:2C-18 nor the DORES 'Getting Registered' guide imposes any newspaper-publication obligation. - Foreign LLC registration fee: www.nj.gov/treasury/revenue/fees.shtml · verified April 21, 2026
NJ DORES fee schedule: Certificate of Registration (foreign LLC) = $125. - Annual report fee: www.nj.gov/treasury/revenue/busrecords.shtml · verified April 21, 2026
NJ Annual Report filing fee for domestic and foreign LLCs = $75. Due on the last day of the LLC's anniversary month each year via the online Annual Report portal at njportal.com/DOR/annualreports. - Franchise tax: www.nj.gov/treasury/taxation/prntpart.shtml · verified April 21, 2026
NJ Division of Taxation Partnership Returns page and TB-55. LLCs taxed as partnerships pay a $150 per-owner Partnership Filing Fee (cap $250,000) with Form NJ-1065 under N.J.S.A. 54A:8-6. This is a filing fee, not a franchise tax, and it does not apply if the LLC elects C-corp treatment (which instead triggers the Corporation Business Tax). We record franchiseTax.applies = false because the state does not label or structure this as a franchise tax and it is capped at a per-owner count, not an entity minimum. - Corporate income tax rate: www.nj.gov/treasury/taxation/corp_over.shtml · verified April 21, 2026
NJ Division of Taxation Corporation Business Tax: tiered rates 6.5% (ENI ≤ $50k), 7.5% (ENI $50k–$100k), 9.0% (ENI > $100k). A 2.5% Corporate Transit Fee (CTF) applies on top of the 9% rate for taxpayers with allocated taxable net income above $10M, enacted 2024 and codified at N.J.S.A. 54:10A-5.41. We record the statutory 9% rate in the field; combined effective top rate of 11.5% is noted in taxes.notes. - Sales tax rate: www.nj.gov/treasury/taxation/businesses/salestax/index.shtml · verified April 21, 2026
NJ Division of Taxation Sales and Use Tax: statewide rate 6.625% since 2018 (N.J.S.A. 54:32B-3). No general local sales tax; Urban Enterprise Zones tax at half rate (3.3125%) on qualifying in-person sales, and Atlantic City imposes additional luxury/tourism taxes on specific purchases. - Filing fee: law.lis.virginia.gov/vacode/title13.1/chapter12/section13.1-1005/ · verified April 21, 2026
Va. Code 13.1-1005 sets a $100 statutory filing fee for Articles of Organization of a Virginia LLC, whether filed online through CIS or by mail using Form LLC1011. Foreign LLC registration (Form LLC1052) is also $100. - Expedited filing: www.scc.virginia.gov/businesses/about-the-clerks-office/expedited-serv… · verified April 21, 2026
Virginia SCC online expedited services for LLC Articles of Organization: next-business-day $100 (submit by 2:00 PM ET), same-business-day $200 (submit by 10:00 AM ET). Only available via CIS online filings, not paper. Expedite fee is in addition to the $100 base filing fee. - Annual report fee: law.lis.virginia.gov/vacode/title13.1/chapter12/section13.1-1062/ · verified April 21, 2026
Va. Code 13.1-1062 imposes a $50 annual registration fee on every domestic and foreign LLC. Due on or before the last day of the anniversary month. $25 late penalty under 13.1-1064. Automatic cancellation under 13.1-1064.1 if not paid within three months of the due date. - Franchise tax: www.tax.virginia.gov/corporation-income-tax · verified April 21, 2026
Virginia does not impose an LLC-specific franchise tax. The only recurring SCC obligation is the $50 annual registration fee. LLCs pay income tax only if they elect C-corp treatment or pass income through to members. - Corporate income tax rate: www.tax.virginia.gov/corporation-income-tax · verified April 21, 2026
Virginia corporate income tax is a flat 6% of Virginia taxable income under Va. Code 58.1-400. Applies to C-corporations and to LLCs electing C-corp federal treatment. - Sales tax rate: www.tax.virginia.gov/retail-sales-and-use-tax · verified April 21, 2026
Virginia retail sales and use tax: 4.3% state rate plus a mandatory 1% local tax statewide (combined 5.3% base). Certain regions add 0.7% to 1.0% regional transportation tax. We record the 4.3% state portion here. - Foreign LLC registration fee: law.lis.virginia.gov/vacode/title13.1/chapter12/section13.1-1005/ · verified April 21, 2026
Va. Code 13.1-1005 sets a $100 filing fee for Application for Certificate of Registration to Transact Business in Virginia as a Foreign LLC (Form LLC1052). Same $50 annual registration fee applies after registration. - Business name search: cis.scc.virginia.gov/EntitySearch/Index · verified April 21, 2026
SCC Clerk's Information System entity search. Confirm name availability before filing Articles of Organization. - Operating agreement requirement: law.lis.virginia.gov/vacode/title13.1/chapter12/section13.1-1023/ · verified April 21, 2026
Va. Code 13.1-1023 recognizes operating agreements as optional and allows them to be written, oral, or implied. No statutory requirement that a Virginia LLC adopt a written operating agreement. Recorded as not-required.