South Dakota LLC vs Texas LLC (2026)
Compare South Dakota LLC vs Texas 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: August 13, 2026
Verdict: South Dakota wins for most businesses
For most South Dakota-based businesses, forming locally in South Dakota is the smarter choice. You avoid paying fees in two states and managing compliance in both. Texas only makes sense if your business genuinely operates there, and even then the total costs deserve a hard look.
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| Factor | South Dakota | Texas |
|---|---|---|
| Filing Fee | $150 | $300 |
| Processing Time | Not published by the state | Not published by the state |
| Annual Report Fee | $55 | $0 |
| Annual Report Due | Anniversary month | May 15 |
| State Income Tax | No | No |
| Anonymous LLC | No | No |
| Publication Requirement | No | No |
| Foreign LLC Cost (if forming out-of-state) | N/A, you're in your home state | $750 + registered agent ~$150/yr |
Full fee breakdown for either state: South Dakota LLC cost and Texas LLC cost.
Business Climate: South Dakota vs Texas
| Factor | South Dakota | Texas |
|---|---|---|
| 5-year business survival rate | 52.7% (#19 of 51) | 52.5% (#20 of 51) |
| Business application growth (2026 YTD (Jan to Jul) vs 2025 YTD (same months)) | +15.4% YoY (#47 of 51 by volume) | +13.7% YoY (#3 of 51 by volume) |
Sources: U.S. Bureau of Labor Statistics, Business Employment Dynamics · U.S. Census Bureau, Business Formation Statistics (BFS)
Compare LLC Costs: South Dakota vs Texas
South Dakota
Texas
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 a state requires publication, and any one-time registration charge a state requires before the LLC may trade. 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. Montana's annual report is free when filed by April 15 and $35 after, a waiver the Secretary of State applies at its discretion. 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
South Dakota charges $150 to form an LLC, while Texas charges $300. South Dakota is $150 cheaper upfront. The cost that usually gets overlooked: if you form in Texas but operate in South Dakota, you must also register as a foreign LLC in South Dakota (a $750 filing) and maintain a registered agent in Texas (typically around $150 per year). That puts the realistic first-year cost of the Texas route at roughly $1,200, versus $150 for simply forming in South Dakota. Speed isn't a basis for choosing between them: neither South Dakota nor Texas publishes a standard processing time, so any figure comparing the two is guesswork.
Taxes: South Dakota vs Texas
Neither South Dakota nor Texas levies a personal income tax, so there's no income-tax advantage to forming in either state. Texas imposes a franchise tax; LLCs under the no-tax-due threshold ($2,650,000 total revenue for 2026-27 reports) owe $0 but must still file an annual Public Information Report.
Privacy & Asset Protection
Neither South Dakota nor Texas offers anonymous LLC formation: both states require owner or manager information on public filings. The Certificate of Formation (Form 205) must name at least one governing person (member or manager), a public record; the annual Public Information Report also discloses management. 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
South Dakota LLCs file an annual report ($55, due in the anniversary month), and Texas LLCs file a free annual report (due May 15). If you form in Texas while operating in South Dakota, you maintain filings in both states, Texas's report plus South Dakota's equivalent for your foreign registration, and pay a Texas registered agent roughly $150 per year. That brings ongoing costs of the Texas route to roughly $205 per year, versus about $55 to keep a domestic South Dakota LLC in good standing. One more recurring cost to budget for: Texas imposes a franchise tax; LLCs under the no-tax-due threshold ($2,650,000 total revenue for 2026-27 reports) owe $0 but must still file an annual Public Information Report.
When Texas Actually Makes Sense
Forming in Texas makes sense in a few specific situations: your business genuinely operates in Texas, with a real office, employees, or property there, or you're relocating to Texas in the near future. For a typical small business based in South Dakota, none of these usually apply. Registering a Texas LLC to do business back home means $750 in South Dakota foreign-registration fees, on top of Texas's $300 formation fee, while South Dakota's own annual report runs $55 a year and is due in the anniversary month. When in doubt, form where you actually do business.
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