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In Virginia, you are not required to have an operating agreement submitted to the Virginia state corporation commission. However, it is still strongly recommended as it provides crucial information that may be helpful in times of disagreement regarding how to operate the LLC.
Multi-Member LLC taxed as a Partnership: Yes. Your LLC must file an IRS Form 1065 and a Virginia Pass-through Entity Tax Return (Form 502PTET). LLC taxed as a Corporation: Yes. Your LLC must file tax returns with the IRS and the Virginia Department of Taxation to pay your Virginia income tax.
The operating agreement should include the following: Basic information about the business, such as official name, location, statement of purpose, and registered agent. Tax treatment preference. Member information. Management structure. Operating procedures. Liability statement. Additional provisions.
By default, Virginia LLCs are taxed as pass-through entities, which is a type of business entity that does not pay federal taxes directly. Instead, the LLC's revenue passes through to the LLC's owners/members.