How to Get an EIN in Virginia: Free IRS Application, Who Needs One and What Comes Next
An Employer Identification Number (EIN) is free from the IRS, and you can apply online in about five minutes. The Virginia State Corporation Commission (SCC) does not issue EINs, and no Virginia agency charges for one. Get the number from the IRS first, then work through the Virginia steps in this guide.
What an EIN is and why you need it
An EIN is a nine-digit federal tax identification number, formatted XX-XXXXXXX. The IRS assigns it to your business for federal tax purposes. Banks, payroll providers and the IRS use it to identify your business. The SCC forms your entity but does not assign the number.
Form your LLC or corporation with the SCC first
The IRS says to form your LLC or corporation with the state before you apply for an EIN. That way, the name on your EIN application matches the official record. In Virginia, formation means filing with the SCC:
- LLC: Articles of Organization (Form LLC1011). The filing fee is $100. The name must include “limited company,” “limited liability company,” “LC,” “L.C.,” “LLC” or “L.L.C.” and must be distinguishable from names already on file.
- Corporation: Articles of Incorporation (Form SCC619). The total filing cost is $75 for up to 25,000 authorized shares and rises with the share count.
- Name reservation: $10 holds a name for 120 days. You can renew it in the 45 days before it expires.
Use the exact legal name shown in SCC records on your EIN application. Mismatched names create problems later with banks and tax agencies. Our guides to forming an LLC in Virginia and forming a corporation in Virginia walk through the filing steps.
Ongoing costs also differ by entity type. A Virginia LLC pays a $50 annual registration fee to the SCC and files no annual report. A corporation files an annual report and pays an annual registration fee based on its authorized shares. For corporations, the SCC fee is $100 for up to 5,000 authorized shares, plus $30 for each additional 5,000 shares. Check the SCC annual fee schedule for the current amount.
What you need before you apply
- The legal name exactly as it appears in SCC records
- The responsible party's Social Security number (SSN) or individual taxpayer identification number (ITIN). The responsible party is the person who controls the entity.
- The entity type and the month it was formed
- Your business address and the responsible party's contact details
- The reason you are applying, such as starting a new business, hiring your first employee or opening a bank account
Apply online at irs.gov (the fastest method)
Use the Online EIN Assistant at irs.gov. If the application is approved, the IRS issues the number immediately on screen. Download or print the confirmation before you leave the page.
Keep these rules in mind before you start:
- One per day: A responsible party can get only one EIN per day through the online tool.
- Set hours: The online tool is available only during set hours Eastern time. Check the IRS page for current hours before you start, because they can change.
- No fee: The IRS says never pay a fee for an EIN. The application is free.
Fax and mail alternatives
If the online tool is unavailable or your situation does not fit it, file Form SS-4 by fax or by mail.
- Fax: The IRS faxes back a cover sheet with your EIN in about four business days. Use the fax number listed in the current SS-4 instructions on irs.gov.
- Mail: Send Form SS-4 to the IRS in Cincinnati. Expect about four weeks for a response.
Phone application (international applicants only)
The phone method is only for international applicants who have no legal residence or principal place of business in the United States. Virginia businesses should not use it. The number is 267-941-1099, Monday to Friday, 6 a.m. to 11 p.m. Eastern.
Who needs an EIN, and who may not
You generally need an EIN if you:
- Have employees or pay wages
- Are a corporation, partnership or multi-member LLC
- File excise or pension returns
- Open most business bank accounts (ask your bank, since requirements vary)
Sole proprietor with no employees: You can use your SSN for your business. An EIN keeps your SSN off client and vendor forms, which is why many sole proprietors get one anyway.
Single-member LLC: You do not always need an EIN. The owner can use an SSN if the LLC has no employees and files no excise returns. Check with your bank and the IRS, because a bank may still ask for an EIN to open an account.
A sole proprietor who files only an assumed name with the SCC does not get an EIN from that filing. The assumed name certificate costs $10 with the SCC, and it does not create a federal tax number. See our guide to DBA and trade name filing in Virginia.
What comes next: the Virginia steps after your EIN
- Register with Virginia Tax. Use Virginia Tax Online Services at tax.virginia.gov. Register for sales and use tax if you sell taxable goods, and for withholding if you pay wages. Use your EIN on both registrations. The sales tax rate is 5.3% base (state plus local). It is 6% in regional-tax localities, 6.3% in eight localities and 7% in the Historic Triangle (James City County, Williamsburg and York County). The grocery rate is 1%. Confirm your locality's rate on the sales and use tax page.
- Register with the Virginia Employment Commission if you have employees, for unemployment insurance. Use the EIN on the registration.
- Check your local business license. Virginia has no general statewide business license, and your city, county or town may levy a BPOL tax. See the local license section below.
- Open a business bank account. Compare options in our guide to the best business banks in Virginia. Bring your EIN confirmation and formation documents, since banks ask for both.
- Review beneficial ownership reporting. FinCEN issued a final rule on August 11, 2026 that exempts U.S. companies. A Virginia LLC or corporation therefore has no beneficial ownership information (BOI) report due under that rule. Confirm the current status on FinCEN's website before you rely on it.
- Keep your EIN confirmation letter. Store the CP 575 notice or your online confirmation with your formation records. You will need it for banks, payroll and tax filings.
Local BPOL: check your locality, not just the state
The Business, Professional and Occupational License (BPOL) is a local license tax under Va. Code 58.1-3700 et seq. Each city, county or town administers it, usually through the Commissioner of the Revenue. The SCC issues no business license.
Not every locality levies a general BPOL. Va. Code 58.1-3704 allows a locality to levy none. Stafford, Rockingham, Bedford County, Washington County, Montgomery County, Louisa and Fluvanna are examples of localities without a general county license. Towns can displace the county tax, so a business inside a town may face different rules than one in the surrounding county. Check the code of your city, county or town, and ask the Commissioner of the Revenue.
Localities set their own rates and filing deadlines. Population also sets a statutory floor on what a locality can require:
- A locality over 50,000 people cannot require a license for gross receipts under $100,000. It may waive the license for gross receipts up to $200,000 (verify the waiver ceiling with your locality).
- A locality with 25,000 to 50,000 people cannot require a license for gross receipts under $50,000.
- No statutory floor applies to a locality under 25,000 people.
If you rent equipment, note that BPOL law uses “short-term rental” to mean equipment rental, not Airbnb-style lodging. For lodging questions, ask your Commissioner of the Revenue how your locality treats them.
Avoid EIN scams and protect your SSN
Some websites with names like irs-ein charge $50 to $100 for the free service. Many look official. Before you enter any information, check that the web address ends in irs.gov. The IRS says never pay a fee for an EIN.
- Enter your SSN only on irs.gov when applying for an EIN.
- Never print an SSN on any SCC filing. SCC filings are public records.
- If a site asks for payment before it shows you an IRS confirmation, leave the site.
Disclaimer
This article is informational content, not legal or tax advice. Entity choice, EIN timing and single-member LLC treatment depend on your facts. Consult a qualified attorney or CPA before you decide, especially if you have a multi-member LLC, a partnership or employees.