South Dakota LLC Filing Fees and Requirements
Forming an LLC in South Dakota costs $150 online or $165 by paper. Learn the filing fees, annual report requirements, registered agent rules, and other requirements from the South Dakota Secretary of State.
Bizee Editorial Staff
Editorial Team
South Dakota LLC filing fees at a glance
Filing fee: $150 online / $165 by paper
Processing time: Standard processing; expedited available for $50
State agency: South Dakota Secretary of State
Annual report due: Anniversary month of formation each year
State tax rate: No state income tax on LLCs
How much does it cost to form an LLC in South Dakota?
Forming an LLC in South Dakota requires filing Articles of Organization with the South Dakota Secretary of State and paying a $150 filing fee online or $165 by paper. Beyond that initial fee, you'll need a registered agent, an annual report filed each year in your anniversary month, and any applicable business licenses.
South Dakota is one of the more business-friendly states — no state income tax on LLC earnings and relatively low formation costs make it a straightforward place to get started.
Articles of Organization
The Articles of Organization is the core formation document for a South Dakota LLC. You file it with the South Dakota Secretary of State, and the state charges $150 for online filing or $165 for paper filing. If you need faster processing, expedited service is available for an additional $50.
The Articles must include your LLC's name, the name and address of your registered agent, and the names of the organizers. You can file online through the Secretary of State's business portal or mail a paper form to the Secretary of State's office in Pierre.
Registered agent requirement
Every South Dakota LLC must appoint and maintain a registered agent in the state. The registered agent receives service of process, legal notices, and official state correspondence on behalf of your LLC.
Your registered agent must have a physical street address in South Dakota — a P.O. box doesn't meet the requirement — and must be available during regular business hours. You can serve as your own registered agent if you have a qualifying South Dakota address, or you can hire a registered agent service.
Business name requirements
Your LLC's name must be distinguishable from names already on file with the South Dakota Secretary of State, and it must include a limited-liability designator — "LLC," "L.L.C.," or "Limited Liability Company" are all acceptable.
Check name availability before filing using the Secretary of State's Business Name Availability search tool. If your preferred name is available but you're not ready to file yet, you can reserve it with an Application for Reservation of Name.
Annual report requirement
South Dakota LLCs must file an annual report with the Secretary of State every year to stay in good standing. The report is due in your LLC's anniversary month — the same month you originally formed the LLC.
Only LLCs in "Active" status can file an original annual report through the Secretary of State's online system. The annual report fee is $50. Missing the deadline can put your LLC at risk of administrative dissolution, so mark the anniversary month on your calendar each year.
Employer Identification Number
An Employer Identification Number (EIN) is a federal tax ID issued by the IRS. Most LLCs need one — you'll use it to open a business bank account, file federal taxes, and hire employees. Applying for an EIN is free and can be done online at irs.gov.
Single-member LLCs with no employees can sometimes use a Social Security number instead, but an EIN keeps your personal number off business documents and is worth getting regardless.
Foreign LLC registration
If your LLC is formed in another state but wants to do business in South Dakota, you need to register as a foreign LLC with the South Dakota Secretary of State. This is called obtaining a Certificate of Authority.
The Certificate of Authority filing fee for a foreign LLC is $750. You'll also need to appoint a South Dakota registered agent as part of the registration. Foreign LLCs are subject to the same annual report requirement as domestic LLCs.
Business licenses and permits
South Dakota doesn't have a single statewide general business license, but your LLC may need licenses or permits depending on your industry, location, and the type of work you do. Requirements vary by city, county, and profession.
Common examples include sales tax licenses from the South Dakota Department of Revenue, professional licenses for regulated industries, and local permits from your city or county. Check with the relevant state agencies and your local government to figure out what applies to your business.
Reinstatement fees
If your South Dakota LLC is administratively dissolved — typically for not filing annual reports — you can reinstate it by filing a Domestic LLC Reinstatement with the Secretary of State. The reinstatement filing fee is $150, plus any delinquent annual reports and fees still owed.
The reinstatement packet must include current registered agent and registered office information, all delinquent annual reports, and a tax clearance certificate from the South Dakota Department of Revenue. Catching a missed annual report early is a lot easier than going through the full reinstatement process.
FAQ
The South Dakota LLC filing fee is $150 for online filing and $165 for paper filing of the Articles of Organization with the South Dakota Secretary of State. These fees are set by state statute under SDCL 47-34A-212. If you need expedited processing, the Secretary of State charges an additional $50.
The annual report fee for a South Dakota LLC is $50. The report is due each year in the anniversary month of your LLC's formation. You can file it online through the South Dakota Secretary of State's business portal. Only LLCs in Active status can file through the online system.
The filing fee for a foreign LLC Certificate of Authority in South Dakota is $750. This registration is required if your LLC was formed in another state but plans to do business in South Dakota. You'll also need to appoint a South Dakota registered agent as part of the registration process.
It depends. South Dakota doesn't have a single statewide general business license that all LLCs need. Whether your LLC needs a license depends on your industry, the type of work you do, and where you're located. Some businesses need a sales tax license from the Department of Revenue, professional licenses, or local permits from their city or county.
Yes. Every South Dakota LLC is required by law to appoint and maintain a registered agent with a physical street address in South Dakota. The registered agent receives legal notices and official state correspondence on behalf of your LLC. You can serve as your own registered agent or hire a registered agent service.
We charge you the state fee at cost and pay it directly to the South Dakota Secretary of State on your behalf when filing your Articles of Organization. The state fee is separate from any Bizee formation plan you choose. You can see the current South Dakota filing fee on the Secretary of State's fee schedule.
Reinstating a dissolved South Dakota LLC costs $150 for the reinstatement filing, plus any delinquent annual report fees still owed. You'll also need to submit a tax clearance certificate from the South Dakota Department of Revenue and current registered agent information. The reinstatement form is filed with the South Dakota Secretary of State.
