Cost to Form an LLC in South Dakota

The cost to start a South Dakota limited liability company (LLC) online is $150. This fee is paid to the South Dakota Secretary of State when filing the LLC’s Articles of Organization.

Use our free Form an LLC in South Dakota guide to do it yourself.

Or simply use a professional service:

four point six out of five ZenBusiness ($39 + State Fees)

Three out of Five Stars LegalZoom ($149 + State Fees)


How Much Does an LLC Cost in South Dakota?

South Dakota LLC Online Filing Fee: $150

The main cost of forming an LLC is the $150 fee to file your LLC's Articles of Organization online with the South Dakota Secretary of State.

South Dakota Annual Report Fee: $50

South Dakota requires LLCs to file an annual report with the Secretary of State.

You can submit this form through the South Dakota Secretary of State website. It is due on November 15. South Dakota charges a $50 penalty for failure to file on time.

Registered Agent Fee

In South Dakota you can be your own registered agent, but using a registered agent service helps keep your company in compliance and reminds you of important filing deadlines and avoid late fees.

Registered agent fees start at $39 for the first year. We recommend using:

OR:

Read our guide to learn more about South Dakota Registered Agents. You can also read our full guide on the best registered agent services.

Cost to Form a Foreign LLC in South Dakota

If you already have an LLC that is registered in another state and you’d like to expand your business into South Dakota, you’ll need to register your LLC as a foreign LLC in South Dakota.

The cost for registering a South Dakota foreign LLC is $750 online or $765 by mail. You can register a foreign LLC in South Dakota by filing an Application for Certificate of Authority (online).

Business Permits and Licenses

Depending on your industry and geographical location, your business might need federal, state, and local permits/licenses to legally operate in South Dakota. This is true whether you form an LLC or any other type of business structure.

Learn more about state and local licensing with our guide to getting a South Dakota business license.

Other LLC Filing Costs

There are optional fees associated with LLC formation:

LLC Name Reservation:
Reserve your name for up to 120 days prior to LLC formation by filing an Application for Reservation of Name and paying the $25 filing fee.

Foreign LLC Name Reservation:
If a foreign LLC’s name isn’t available in the state, it can register a new name by filing an Application for Registration of Name and paying the $25 filing fee.

“Doing Business As” (DBA) Name:
You can register a DBA online with the Secretary of State and pay the $10 filing fee to create a name other than your legal LLC business name.

Certified Document Copies:
Obtain certified copies of your South Dakota business documents by ordering through the Secretary of State and paying $15 plus $2 for each page.

Certificate of Good Standing:
You can obtain a South Dakota certificate of good standing by ordering through the Secretary of State and paying the $20 fee. A certificate of good standing is often required by banks and lending institutions.

How to Register a South Dakota LLC Yourself

Forming an LLC yourself is easy; just follow the five steps below.

Recommended: If you already have a business that is running as a sole proprietorship, visit our How to Change from a Sole Proprietorship to LLC page.

Five Basic Steps to Start an LLC in South Dakota

Step 1: Name Your South Dakota LLC
Step 2: Choose a Registered Agent
Step 3: File the Articles of Organization
Step 4: Create an Operating Agreement
Step 5: Get an EIN

Step 1: Name Your South Dakota LLC

When you name your South Dakota LLC, you’ll need to choose a name that:

  1. Is available for use in the state of South Dakota
  2. Meets South Dakota naming requirements
  3. Is available as a web domain

Recommended: Visit our Start an LLC in South Dakota guide for detailed naming rules and instructions for registering a business name in South Dakota.

Not sure what to name your business? Check out our How to Name a Business guide and free LLC Name Generator.

We recommend that you check online to see if your business name is available as a web domain. Even if you don't plan to create a business website today, you may want to buy the URL in order to prevent others from acquiring it.

Find a Domain Now

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Step 2: Choose a Registered Agent

All LLCs in South Dakota must appoint a registered agent. A registered agent primarily acts as your LLC’s main point of contact with the state. But most importantly, they are responsible for accepting service of process in the event your business is sued.

Your South Dakota registered agent must:

  • Be at least 18 years or older
  • Have a physical address in South Dakota
  • Be available during normal business hours to accept service of process
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Recommended: Get a free year of registered agent services when you hire ZenBusiness to form your LLC. $39 (plus state fees).

ZenBusiness

Step 3: File the Articles of Organization

The South Dakota Articles of Organization are a document that is filed with the South Dakota Secretary of State to form an LLC. The fee for filing the Articles of Organization is $165 online. They can also be filed by mail.

For detailed instructions for completing the Articles of Organization, visit our How to File the South Dakota Articles of Organization guide.

File the South Dakota Articles of Organization

OPTION 1: File Online With the South Dakota Secretary of State

File Online

- OR -

OPTION 2: File the Articles of Organization by Mail

Download Form


State Filing Cost: $150 ($165 by mail), payable to the Secretary of State

Mailing Address:
Secretary of State Office
500 E Capitol Ave.
Pierre, SD 57501

Step 4: Create an Operating Agreement

An operating agreement isn't required for South Dakota LLCs, but it's a good practice to have one.

What is an operating agreement? An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.

Why are operating agreements important? A comprehensive operating agreement ensures that all business owners are on the same page and reduces the risk of future conflict.

For more information on operating agreements, read our South Dakota LLC operating agreement guide.

Step 5: Get an EIN

What is an EIN? An EIN or Employer Identification Number is a nine-digit number issued by the Internal Revenue System (IRS) to identify a business for tax reporting purposes. An EIN is essentially a Social Security number (SSN) for your company.

Why do I need an EIN? An EIN number is required for the following:

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Free EIN: You can get an EIN from the IRS website (free of charge) after forming your business.

South Dakota LLC Cost FAQ

Do you have to pay for a South Dakota LLC every year?

Yes, South Dakota LLCs have to pay a $50 annual report fee every year. Visit our South Dakota LLC Annual Report guide for more information.

Is an LLC really necessary?

An LLC provides limited liability protection. This means an LLC protects your personal assets in the event of a business loss, such as a lawsuit or unpaid debt.

We recommend any small business that carries even the smallest amount of risk or liability to form an LLC. Learn more in our Should I Start an LLC guide.

What is the cheapest way to get an LLC?

You can save money on getting an LLC by completing the formation process yourself, making your own operating agreement, being your own registered agent, and getting your own EIN.

Check out our How to Save Money Forming Your LLC guide to learn more.

Can I pay myself a salary from my LLC?

You can pay yourself a salary from your LLC, but it would be called a draw or distribution if your LLC is taxed in the default way by the IRS.

Visit our How to Pay Yourself from an LLC guide to learn more.

Is an S corp better than an LLC?

An S corporation (S corp) is an IRS tax status, not a type of business entity. An LLC can be taxed in the default way or as an S corp. For some businesses, being taxed as an S corp can make lots of sense.

Check out our LLC vs. S corp guide to find out if S corp status is right for your business.

What’s better: sole proprietorship or LLC?

A sole proprietorship is only good for businesses that carry very low risk of liability because sole proprietorships don’t offer any liability protection.

Learn more in our sole proprietorship vs. LLC guide.

More South Dakota Small Business Resources

Article Sources

South Dakota Department of Revenue:
https://dor.sd.gov/


IRS - Employer ID Numbers:

https://www.irs.gov/businesses/small-businesses-self-employed/employer-id-numbers


South Dakota Secretary of State:

https://sdsos.gov/default.aspx


SBA - Apply for licenses and permits:

https://www.sba.gov/business-guide/launch-your-business/apply-licenses-and-permits


Chamber of Commerce - South Dakota Chamber of Commerce List:

https://www.officialusa.com/stateguides/chambers/southdakota.html