Does West Virginia recognize the federal S-corporation election?

Yes. West Virginia follows the federal S election, and no separate state election form is required. Filing federal Form 2553 with the IRS is enough. The corporation does still file Form WV/PTE-100 (West Virginia Income Tax Return for S Corporation and Partnership / Pass-Through Entity, used for tax years 2020 and after).

Which West Virginia return does an S corporation file?

Form WV/PTE-100 (West Virginia Income Tax Return for S Corporation and Partnership / Pass-Through Entity, used for tax years 2020 and after).

West Virginia S-Corporation Election

By Edmond Hui · Facts verified July 29, 2026 against primary state sources

West Virginia follows the federal S election. Filing IRS Form 2553 is enough. There is no separate West Virginia election form. West Virginia is one of 42 states that follow the federal election with no state form of their own.

S corporation facts for West Virginia: the state recognizes the federal S election for state tax purposes. Incorporating costs $100 to file. The annual report fee is $25. — West Virginia recognizes the federal S election for state tax purposes; filing IRS Form 2553 is the federal step. Source: MyStateLLC 50-state S-corp election dataset, compiled from state filing offices and revenue departments, July 2026; any figure we could not confirm is labeled on the page.

State treatmentFollows the federal election

Separate state formNot required

State corporate income taxYes

Does West Virginia recognize the federal S election?

State treatment of the S election

Follows the federal election	Yes
Separate state election form	None required
State return	Form WV/PTE-100 (West Virginia Income Tax Return for S Corporation and Partnership / Pass-Through Entity, used for tax years 2020 and after)

No separate state election to file: the federal election on IRS Form 2553 carries over. That is the election only, the corporation still files Form WV/PTE-100. Of the 50 states, 42 follow the federal election with no state form of their own, and 1 more, New York, recognizes S status but requires an election of its own as well.

What an S corporation still owes West Virginia

West Virginia automatically recognizes the federal S election; there is no separate state S-election form. An S corporation files the informational Form WV/PTE-100 and income passes through to shareholders (taxed at WV individual rates, currently ~2.11%-4.58%). West Virginia also offers an elective Pass-Through Entity Tax (SALT-cap workaround) that a PTE may elect on the PTE return.

Franchise or gross-receipts tax

West Virginia repealed its Business Franchise Tax effective January 1, 2015; there is no franchise tax. Corporations pay only the flat 6.5% Corporation Net Income Tax.

West Virginia corporation vs West Virginia LLC

State filing charges only. Corporate income tax and franchise tax are excluded because both depend on income or net worth, so no flat figure exists for either entity.

	Corporation	LLC
Formation filing fee	$100	$100
Report cadence	Every year	Every year
Report fee	$25	$25
Entity-level tax on the LLC side	N/A	West Virginia Business Registration Certificate

Both entities cost $100 to file in West Virginia, so the filing fee is not a reason to pick one over the other.

Full West Virginia LLC cost breakdown · LLC vs C-corp explained · LLC vs S-corp explained

How West Virginia compares

State treatment of the federal S election	States
Follows the federal election, no state form needed	42
No corporate income tax, so no state election exists	5
Has a corporate income tax and does not follow the election. The corporation is taxed like a C corporation	2
Follow the election but still impose some entity-level tax on the S corporation, California, Illinois, New York, Massachusetts and Delaware among them	N/A
Require a separate state election form as well	1

Compare all 50 states · LLC vs S-corp · S-corp salary and savings calculator

Frequently Asked Questions

: Yes. West Virginia follows the federal S election, and no separate state election form is required. Filing federal Form 2553 with the IRS is enough. The corporation does still file Form WV/PTE-100 (West Virginia Income Tax Return for S Corporation and Partnership / Pass-Through Entity, used for tax years 2020 and after).
: West Virginia automatically recognizes the federal S election; there is no separate state S-election form. An S corporation files the informational Form WV/PTE-100 and income passes through to shareholders (taxed at WV individual rates, currently ~2.11%-4.58%). West Virginia also offers an elective Pass-Through Entity Tax (SALT-cap workaround) that a PTE may elect on the PTE return.
: Form WV/PTE-100 (West Virginia Income Tax Return for S Corporation and Partnership / Pass-Through Entity, used for tax years 2020 and after).

Where these numbers come from

This page covers how West Virginia treats the federal S-corporation election and what an S corporation still owes the state. Every figure was checked against West Virginia's own published sources on July 29, 2026, the state business filing agency's fee schedule, the governing statute, and where a state tax applies, the state Department of Revenue. Commercial formation-service pages were used as leads only and are never cited. Anything the review could not confirm from an official source is left blank on this page rather than filled with an estimate.

Corporate income tax and franchise tax are quoted as the state publishes them, as rate schedules and thresholds, and are excluded from every dollar total here. They depend on income or net worth, so there is no flat figure that would be true for every corporation.

Primary sources:

https://sos.wv.gov/business/Pages/StartBusiness.aspx
https://tax.wv.gov/Business/CorporateIncome/Pages/CorporateIncomeTax.aspx
https://tax.wv.gov/Documents/TSD/tsd100.pdf
https://sos.wv.gov/FormSearch/Business/Corporation/cd-1.pdf
West Virginia statute: W. Va. Code 59-1-2 (filing fees)

This guide is general information, not legal or tax advice, and reading it does not create an attorney-client relationship. It describes rules that can differ from state to state, and fees, rates, forms and deadlines can change after we review them. It cannot tell you what applies to your own business: that turns on where the business is formed, where it operates and how it is taxed. Confirm anything you rely on with the state or federal agency concerned, or with a licensed attorney or CPA, before you act on it.

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Edmond Hui · Founder, MyStateLLC

Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.

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