Cost to Form an LLC in South Dakota

An entrepreneur counting money with the state fee in the foreground

In the process of setting up your South Dakota LLC, you’ll be faced with a number of expenses. Some of these are required by law and others are simply recommended. In this guide, we’ll go over the legally-required costs of setting up an LLC in South Dakota and provide you with the information you need to decide which optional services are worth your money.

HAVE A PROFESSIONAL SERVICE FORM AN LLC FOR YOU

TWO SUCH RELIABLE SERVICES:

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

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


Required Costs to Form a South Dakota LLC

State Filing Fee: $150 Online, $165 by Mail

In order to form an LLC in South Dakota, you’ll need to file Articles of Organization with the Secretary of State. South Dakota charges a $150 fee to process this document (or $165 if filing by mail). An additional fee will be incurred if you choose to work with a professional business formation service (recommended).

Business Permits & Licenses: Varies

Depending on your specific industry and geographical location, you may need to pay for a number of federal, state and local permits/licenses in order to legally operate in South Dakota. We can’t speak to the exact cost this will impose on your business without knowing these details, so just be sure to include some wiggle room in your startup budget to account for these potential expenses.

How do I find the right permits & licenses?

Use the resources below to find out what permits & licenses are required of your LLC, or have a professional service do the legwork for you:

  • State: To learn about state permits & licenses and get started on the application process, head to the South Dakota Secretary of State’s website.
  • Local: Contact your local Chamber of Commerce to find out about the licensing requirements of your specific county/municipality.

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Optional Costs to Form a South Dakota LLC

The following expenses are recommended but not required for South Dakota LLCs. Each of the services below will make the process of setting up your business significantly easier, but none are mandated by law. Read on to find out which of these optional costs seem worthwhile for your LLC.

LLC Formation Service: $49 - $79

While it’s possible to form an LLC in South Dakota without the help of a professional, many folks prefer to go this route to ensure nothing slips through the cracks.

These days, you don’t need to spend hundreds (or thousands) of dollars to make sure you’re handling the LLC formation process properly. Online services like ZenBusiness ($39 + State Fee) and LegalZoom ($79 + State Fee) will take care of the filing process on your behalf for a fraction of the cost of a business attorney.

Additional services offered:

In addition to filing your Articles of Organization, online formation providers offer several other services that can help you get the ball rolling on your new business faster and more efficiently. Two of the most popular add-on services for LLC founders are operating agreements and EIN registration.

Operating Agreement: $40-$99

An operating agreement is a governing document that outlines the ownership and management structure of an LLC. Whether you’re starting a single- or multi-member LLC in South Dakota, it’s important to have an operating agreement in place. Purchasing a custom operating agreement from an online formation service is an easy way to ensure you’ll have a thorough and legally-binding document governing your new LLC.

EIN Registration: $60-$70

Upon forming an LLC, you’ll need to obtain an EIN (or Employer Identification Number)—essentially a social security number for your business. If you’d prefer not to apply for your EIN directly through the IRS, you can delegate this task to your formation provider for an extra fee.

Business License Research Service: $99

If your LLC requires several federal, state and local permits or licenses in order to legally operate, you may consider recruiting the help of a professional business license research service.

While not necessary for every business owner, these services can be massively helpful to busy entrepreneurs looking to save time on the research and paperwork side of things. If you’re looking to maximize your time in the early phases of your business, we recommend checking out Incfile’s $99 business license research package.

Ongoing LLC Maintenance Costs

Cost to Maintain an LLC in South Dakota

Once you’ve taken care of all initial LLC formation costs, you’ll still be responsible for covering a few additional expenses in order to stay compliant with state law. Below we’ll discuss the ongoing costs involved in maintaining a South Dakota LLC.

South Dakota Annual Report Fee: $50 Online, $65 by Mail

South Dakota requires all LLCs to file an annual report with the Secretary of State. This form can be submitted online, or printed and submitted by mail . It is due November 15 each year. The first annual report is due the year following LLC formation. South Dakota charges a $50 penalty for failure to file on time. In addition, South Dakota can revoke an LLC’s business registration after 60 days for failure to file an annual report.

Registered Agent Service: $119/yr

A requirement we have not yet discussed is designating a registered agent for your South Dakota LLC. A registered agent is the individual or business entity responsible for receiving and processing legal documents on behalf of your business.

While South Dakota does not prohibit business owners from acting as their own registered agents, many people choose to appoint a professional for the sake of privacy, convenience, and discretion. Keep in mind that if you assume this role, you’ll be responsible for maintaining normal business hours at the address provided on your formation documents, and receiving service of process notices in the event that your LLC is sued (learn more).

Is a registered agent service right for me?

While hiring a professional registered agent is not a legal requirement in South Dakota, it’s another great way to save time and energy that could be spent on other aspects of running your business.

If you decide appointing a third-party professional is the right move for your LLC, we recommend ZenBusiness. Their registered agent services are free for the first year and $119 every following year.

A cube with LLC printed on its sides

Ready to Form Your South Dakota LLC?

If you’re ready to officially form an LLC in South Dakota, check out our step-by-step guide. We’ll walk you through the entire formation process in 5 easy steps.

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