Is it cheaper to form an LLC in South Dakota than New York?

South Dakota's filing fee is lower ($150 vs $200), but that's not the full picture: operating in New York means also registering as a foreign LLC there ($250) and paying a South Dakota registered agent. Realistic first-year cost is roughly $550 for the South Dakota route versus $200 for forming in New York.

Can I form my New York business in South Dakota?

Yes. Any New York business can form its LLC in South Dakota. But if the business operates in New York, it must also register there as a foreign LLC ($250 filing fee) and maintain a registered agent in South Dakota, so you take on two states' fees and filings instead of one.

Does South Dakota have better asset protection than New York?

Not meaningfully. Both states provide charging-order protection for LLC members, and neither offers a decisive asset-protection edge for a typical small business. Sound insurance and clean separation of business and personal finances matter more in practice.

State Comparison

New York LLC vs South Dakota LLC (2026)

Written for owners based in New York.

Verdict: for most owners, form where the business is based

South Dakota forms for $150 and reports $55 a year in the anniversary month, with $15 added to anything filed on paper, against $200 and at least $29.50 in New York. Its deadline is moving too: from January 1, 2027 an LLC picks either that anniversary month or January 31 on the formation document. The traffic that matters runs the other way, though. New York charges $250 to bring a South Dakota LLC in, and New York law then imposes the same six weeks in two county-designated newspapers, plus a $50 Certificate of Publication, that a domestic filing carries.

Based in South Dakota? Read South Dakota LLC vs New York LLC →

Compare New York LLC vs South Dakota LLC on filing fees, taxes, privacy laws, and annual costs. Find out which state is actually better for your business.

By Edmond Hui · Last updated: September 23, 2026

If your business is based in New York, a New York LLC needs no foreign registration there; a South Dakota LLC run from New York generally must also register in New York as a foreign LLC (New York's $250 filing fee). If your business is based in South Dakota, a South Dakota LLC needs no foreign registration there; a New York LLC run from South Dakota generally must also register in South Dakota as a foreign LLC (South Dakota's $750 filing fee). An LLC formed in one of these states and run from the other owes whatever filings, fees and taxes each state requires. A New York LLC runs from $479.50 in year one and from $29.50/yr after; a South Dakota LLC runs $205 and $55/yr. See the full breakdown below.

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Factor	New York	South Dakota
Filing Fee	$200	$150
Processing Time	Not published by the state	Not published by the state
Annual Report Fee	$9 (biennial)	$55
Annual Report Due	Anniversary month (biennial)	Anniversary month
State Income Tax	Yes	No
Anonymous LLC	No	No
Publication Requirement	Yes	No
Foreign LLC Cost (if forming out-of-state)	N/A, you're in your home state	$250 + registered agent ~$150/yr

Full fee breakdown for either state: New York LLC cost and South Dakota LLC cost. Owner privacy options for either state: New York anonymous LLC guide and South Dakota anonymous LLC guide.

Business Climate: New York vs South Dakota

Factor	New York	South Dakota
5-year business survival rate	51.9% (#23 of 51)	52.7% (#19 of 51)
Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months))	+10.9% YoY (#4 of 51 by volume)	+15.4% YoY (#47 of 51 by volume)

Sources: U.S. Bureau of Labor Statistics, Business Employment Dynamics · U.S. Census Bureau, Business Formation Statistics (BFS)

See the full 50-state survival ranking.

Compare LLC Costs: New York vs South Dakota

State A

State B

New York

Formation fee$200

Annual report fee$9 / 2 yrs

State entity taxfrom $25/yr, Partnership, LLC and LLP Annual Filing Fee

Publication (one-time)From $250

Report dueAnniversary month (biennial)

Processing timeNot published by the state

Late penalty$0

South Dakota

✓ Cheaper Upfront✓ Cheaper Long-Term

Formation fee$150

Annual report fee$55

State entity taxNone

Report dueAnniversary month

Processing timeNot published by the state

Late penalty$55

Total Cost

New York

South Dakota

1 Year

from $479.5

$205

3 Years

from $538.5

$315

5 Years

from $597.5

$425

Will you operate outside your home state?

A figure shown as "from" is the least the state can charge, not a price. Tennessee's report is $300 for up to six members and $50 for each member above six, its franchise tax is the greater of $100 or 0.25% of Tennessee net worth, Wyoming's report is the greater of $60 or $.0002 per dollar of in-state assets, Kentucky's entity tax is $175 up to $3 million of gross receipts and graduated above it, and New York's annual filing fee is graduated on New York source gross income. A total that contains one of those is shown as "from" for the same reason. Costs include every mandatory state charge: the filing fee, the report fee (annualised where a state files biennially), any state entity-level tax shown in its own row above, a one-time publication cost where the state publishes a rate for it, and any one-time registration charge a state requires before the LLC may trade. Two exclusions follow from that wording. Arizona and Nebraska require publication and publish no rate, so no newspaper cost is carried for either and their totals are not the whole cost. Alaska's $50 annual state business licence is a separate charge from the Secretary of State fees and is not carried here either. Annualising makes the 1, 3 and 5 year rows a cost of ownership rather than a payment schedule: a biennial state charges its whole report fee in the years it falls due and nothing in between. Entity-level taxes that only apply after a corporate election, or above an owner or income threshold, are excluded and flagged on the state's own cost page. New York's publication cost is carried at a $250 floor, roughly $200 of newspaper cost in a low-cost county plus the $50 Certificate of Publication fee. No county-clerk-designated New York City newspaper publishes a rate card, so the four-figure NYC estimates in wide circulation cannot be traced to a primary source and are not asserted here; budget for materially more than the floor if you file in a NYC county. Every fee was verified against the state's own fee schedule, statute, or revenue authority on 29 July 2026. Excludes registered agent and legal fees. For informational purposes only, not legal or tax advice.

Filing Fees & Formation Costs

New York charges $200 to form an LLC, while South Dakota charges $150. South Dakota is $50 cheaper upfront. The cost that usually gets overlooked: if you form in South Dakota but operate in New York, you must also register as a foreign LLC in New York (a $250 filing) and maintain a registered agent in South Dakota (typically around $150 per year). That puts the realistic first-year cost of the South Dakota route at roughly $550, versus $200 for simply forming in New York. Speed isn't a basis for choosing between them: neither New York nor South Dakota publishes a standard processing time, so any figure comparing the two is guesswork. Note that New York also requires newly formed LLCs to publish a newspaper notice (New York requires publication of the LLC's formation once a week for six successive weeks in two newspapers designated by the county clerk, within 120 days of formation, followed by a $50 Certificate of Publication. Newspaper rates are set by the newspapers and vary sharply by county), which adds to the true formation cost.

Taxes: New York vs South Dakota

South Dakota has no personal income tax while New York does, but forming your LLC in South Dakota won't change that. LLC profits pass through to you and are taxed where you live and operate (in New York), not where the LLC is registered, so a South Dakota LLC offers no income-tax savings for a New York-based business. New York LLCs with any income, gain, loss or deduction from New York sources owe an annual filing fee of $25 to $4,500, unless they have elected to be taxed as a corporation. An LLC taxed as a partnership pays by its NY-source gross income for the preceding tax year ($25 where that is $100,000 or less), and a disregarded single-member LLC pays a flat $25.

Privacy & Asset Protection

Neither New York nor South Dakota offers anonymous LLC formation: both states require owner or manager information on public filings. South Dakota's annual report confirms the LLC's ownership/management each year on the public record. Business owners who prioritize privacy typically form a holding company in a state like Wyoming or New Mexico instead. Both states provide charging-order protection for LLC members, and for most small businesses the practical difference in asset protection between the two is minimal.

Annual Maintenance Costs

New York LLCs file a biennial report ($9, due in the anniversary month, every two years), and South Dakota LLCs file an annual report ($55, due in the anniversary month). If you form in South Dakota while operating in New York, you maintain filings in both states, South Dakota's report plus New York's equivalent for your foreign registration, and pay a South Dakota registered agent roughly $150 per year. Counting report fees, the agent and any entity-level tax, that brings the South Dakota route to roughly $214 a year, versus at least $34 to keep a domestic New York LLC in good standing. The tax inside those totals: New York LLCs with any income, gain, loss or deduction from New York sources owe an annual filing fee of $25 to $4,500, unless they have elected to be taxed as a corporation. An LLC taxed as a partnership pays by its NY-source gross income for the preceding tax year ($25 where that is $100,000 or less), and a disregarded single-member LLC pays a flat $25.

When South Dakota Actually Makes Sense

Forming in South Dakota makes sense in a few specific situations: your business genuinely operates in South Dakota, with a real office, employees, or property there, or you're relocating to South Dakota in the near future, which would also move you out of New York's personal income tax. For a typical small business based in New York, none of these usually apply. Registering a South Dakota LLC to do business back home means $250 in New York foreign-registration fees, on top of South Dakota's $150 formation fee, while New York's own biennial report runs $9 and is due in the anniversary month, every two years. When in doubt, form where you actually do business.

Frequently Asked Questions

: South Dakota's filing fee is lower ($150 vs $200), but that's not the full picture: operating in New York means also registering as a foreign LLC there ($250) and paying a South Dakota registered agent. Realistic first-year cost is roughly $550 for the South Dakota route versus $200 for forming in New York.
: Yes. Any New York business can form its LLC in South Dakota. But if the business operates in New York, it must also register there as a foreign LLC ($250 filing fee) and maintain a registered agent in South Dakota, so you take on two states' fees and filings instead of one.
: Not meaningfully. Both states provide charging-order protection for LLC members, and neither offers a decisive asset-protection edge for a typical small business. Sound insurance and clean separation of business and personal finances matter more in practice.
: It depends on where the business is based. For a New York-based business, New York: forming where the business is based keeps costs and compliance simple, and South Dakota is worth considering only if you actually do business there. For a South Dakota-based business, the same reasoning points to South Dakota.
: Speed isn't a basis for choosing between them: neither New York nor South Dakota publishes a standard processing time, so any figure comparing the two is guesswork. Whichever you pick, remember that forming in South Dakota while operating in New York means you're not fully set up until the New York foreign registration is also processed, so the out-of-state route is rarely the faster path end to end. If your timing is genuinely fixed, buy the state's expedite tier rather than relying on a standard turnaround.

Comparison chart of forming an LLC in New York versus South Dakota, contrasting filing fees, annual report cost and ongoing obligations across 8 factors. — New York and South Dakota side by side on the factors that decide where to form. Source: MyStateLLC 50-state cost dataset, verified against each Secretary of State's published fee schedule, July 2026.

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More State Comparisons

New York vs Tennessee →New York vs Texas →New York vs Utah →New York vs Delaware →South Dakota vs Delaware →

New York LLC Guide →South Dakota LLC Guide →

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Sources

Each entry below is a document recorded in our verified sources, and each entry says what the document is. Some statutory text is read from an accurate mirror rather than from the state's own host, and those say so. Where we hold the citation but no stable public link, the citation is printed on its own rather than pointed at a guessed address.

New York statute: LLC Law 802 (publication duty for foreign LLCs)
dos.ny.gov/forming-limited-liability-company-new-yorkNew York Department of State, Division of Corporations: business entity filings
dos.ny.gov/fee-schedulesNew York LLC filing fees
sdsos.gov/business-services/corporations/default.aspxSouth Dakota Secretary of State: business entity filings
sdsos.gov/general-information/filing-fees.aspxSouth Dakota LLC filing fees

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.