How much does it cost to start an LLC in South Dakota?

The South Dakota LLC filing fee is $150, paid to the South Dakota Secretary of State when submitting your Articles of Organization. Your total first-year state cost rises to $205 when you include the $55 annual report fee due during your anniversary month, for example, an LLC formed in May 2026 will owe its first $55 annual report by May 2027. There are no publication requirements or additional mandatory state fees beyond these two amounts. Additional costs may include registered agent services and operating agreement preparation. Exception: LLCs that miss their anniversary month annual report deadline risk administrative dissolution by the South Dakota Secretary of State, which requires reinstatement fees to correct. South Dakota has no state income tax on LLC profits. File online through the Secretary of State portal at sdsos. The South Dakota Secretary of State publishes no standard processing time for this filing.

How long does it take to form an LLC in South Dakota?

South Dakota publishes no standard processing time for Articles of Organization, so nobody can honestly quote you one. The South Dakota Secretary of State does not publish a standard business-day turnaround for LLC filings. The only timing statement on the fee schedule is the definition of expedited service: "completion sooner than the normal course of business upon request" for $50. What the South Dakota Secretary of State does publish is a price for speed: $50 for Expedited service (completion sooner than the normal course of business, upon request). Those are firm commitments, and they are the only way to get a guaranteed date. File online where the state offers it. Every state that discusses the difference says online is faster than mail, and treat any specific day count you see quoted for South Dakota as unsourced.

Do I need to publish my LLC formation in South Dakota newspapers?

No, South Dakota doesn't require LLC formation notices to be published in newspapers. Once your Articles of Organization are filed with the South Dakota Secretary of State and approved, your LLC is fully legally formed and authorized to conduct business without any additional publication steps. For example, a Sioux Falls-based LLC can immediately sign contracts, open a business bank account, and begin serving customers the same week its Articles are approved. No newspaper publication run is required. This makes South Dakota significantly more straightforward and affordable to form in than states like New York, which mandates 6 consecutive weeks of publication in two county-designated newspapers at rates the newspapers set. Exception: certain regulated professional LLC types may have additional disclosure requirements under their licensing boards, but standard South Dakota LLCs face no publication burden at any stage of formation.

What taxes does a South Dakota LLC pay?

South Dakota has no state income tax. Your LLC's profits won't be subject to any South Dakota state income tax regardless of how much the business earns. South Dakota LLCs still owe federal income taxes, which pass through to each member's personal federal return. If your LLC sells taxable goods or certain services within South Dakota, you must register for and collect South Dakota sales tax through the Department of Revenue. Articles of Organization are filed with the South Dakota Secretary of State, but sales tax registration is a separate step. Exception: LLCs that elect to be taxed as corporations at the federal level are subject to federal corporate income tax rates, so consult a tax professional before making a C-Corp or S-Corp election.

When is my South Dakota LLC annual report due?

Your South Dakota LLC annual report is due during the anniversary month of your LLC's formation each year, with a $55 fee paid to the South Dakota Secretary of State, for example, an LLC formed in August 2026 must file and pay by the end of August 2027 and every August thereafter. The annual report is filed online through the Secretary of State's portal at sdsos.gov and requires current information about your registered agent, principal office address, and member or manager details. Exception: LLCs that miss their anniversary month deadline are placed in delinquent status and can ultimately be administratively dissolved if the report remains unfiled for an extended period; reinstatement requires paying all outstanding fees plus a reinstatement filing fee, significantly increasing your total cost. Set a recurring calendar reminder one month before your anniversary month each year to gather the required information and file the annual report well before the deadline.

Can I be my own registered agent in South Dakota?

Yes, you can serve as your own registered agent in South Dakota if you've a physical South Dakota street address, not a P.O. box, and are reliably available during normal business hours to receive legal documents and official notices on behalf of your LLC. When filing Articles of Organization with the South Dakota Secretary of State, you list your own name and South Dakota address as the registered agent. For example, a Rapid City-based LLC owner with a fixed office can serve as their own agent at no additional cost. Exception: if you live outside South Dakota or travel frequently and can't guarantee consistent weekday daytime availability, using yourself as the registered agent creates serious risk of missing time-sensitive legal documents such as lawsuit service papers, which could lead to a default judgment against your LLC. A professional registered agent service ensures uninterrupted availability, provides mail forwarding, and keeps your personal address off public South Dakota business records.

How to Start an LLC in South Dakota: $150 to File Online

South Dakota charges no state income tax and no corporate income tax, and its $50 expedited-service fee is the only timing commitment it publishes.

By Edmond Hui · Last updated: October 2026

Filing an LLC in South Dakota costs $150 upfront and has an annual report due anniversary month ($55). South Dakota publishes no standard processing time. See breakdown below.

South Dakota publishes no standard LLC turnaround: its fee schedule prices expedited service but attaches no figure to the ordinary $150 filing

The South Dakota Secretary of State sells speed instead of promising it: $50 for Expedited service (completion sooner than the normal course of business, upon request). Treat any specific day count you see quoted for South Dakota with suspicion. It didn't come from the state. Plan around the filing itself, and buy an expedite tier if your timing is genuinely fixed.

Source: MyStateLLC 50-state primary-source processing verification, July 2026

Read this guide for another state:

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Quick Facts

State filing fee	$150 online, $165 by mail
Processing time	Not published by the state
Annual report due	Anniversary month
Annual report fee	$55
State income tax	No state income tax on LLC profits

Source: South Dakota Secretary of State (verified July 2026)

Step diagram for forming an LLC in South Dakota, showing the 7 required steps, $150 state filing fee, $55 annual report. — The 7 steps to form an LLC in South Dakota, with the state's own filing fee and annual report cost. Source: South Dakota Secretary of State, verified July 2026.

How to Form an LLC: Step-by-Step

1
Choose Your LLC Name
Select a unique name that includes 'LLC' or 'Limited Liability Company' and isn't already taken by another South Dakota business. Search the South Dakota Secretary of State's database to check availability before filing.
How to search South Dakota's business entity records →
Pro tip: South Dakota allows you to reserve your chosen name for 120 days for a $25 fee if you're not ready to file immediately.
2
Designate a Registered Agent
Appoint a registered agent with a South Dakota street address who can receive legal documents during business hours. You can serve as your own agent or hire a professional service for privacy and reliability.
South Dakota registered agent rules, costs and options →
Pro tip: A professional registered agent service puts its address, not yours, on the registered agent line of the public filing, and accepts legal papers during business hours.
3
File Articles of Organization
Submit your Articles of Organization to the South Dakota Secretary of State with the required information including your LLC name, registered agent details, and management structure.
What You File in South Dakota
In South Dakota, the formation document is the Articles of Organization, filed with the South Dakota Secretary of State. The state charges $150 to file online and $165 by mail. South Dakota lets you fill in and file the Articles of Organization online. The form itself requires the LLC's name, the registered agent's name, the principal office address, the organizer's name and whether the LLC is member-managed or manager-managed. Every line of the Articles of Organization, field by field →
Processing Times
- Online: Not published, South Dakota Secretary of State states no standard turnaround for online filings
- Mail: Not published, South Dakota Secretary of State states no standard turnaround for mailed filings, and every state that comments says mail is slower than online
- Expedited: $50 for Expedited service (completion sooner than the normal course of business, upon request)
Pro tip: File online through the Secretary of State's portal for the fastest processing and immediate confirmation of your filing status.
4
Create an Operating Agreement
Draft an operating agreement that outlines ownership percentages, management structure, and operational procedures for your LLC. This page has not confirmed whether South Dakota law requires an LLC to have an operating agreement. A written agreement signed by every member is worth having either way: it records who owns what share, who makes decisions and how profits are divided.
South Dakota LLC operating agreement: what to include →
Pro tip: Even single-member LLCs benefit from an operating agreement as it demonstrates the separation between personal and business activities to the IRS and courts.
5
Obtain an EIN from the IRS
Apply for an Employer Identification Number (EIN) from the IRS, which most banks ask for to open a business bank account and which the IRS requires if the LLC hires employees, owes certain employment or excise taxes, or is taxed as a partnership or corporation. The application is free and can be completed online in minutes.
How to get your LLC's EIN from the IRS, free →
Pro tip: Get your EIN immediately after your LLC is approved - you'll need this 9-digit number for almost every business transaction moving forward.
6
Open a Business Bank Account
Establish a dedicated business bank account using your Articles of Organization, EIN, and operating agreement. This separation matters for maintaining your LLC's limited liability protection and simplifying tax preparation.
Business bank accounts for South Dakota LLCs →
Pro tip: Many South Dakota banks offer special business account packages for new LLCs, so shop around for the best fees and features for your specific needs.
7
Obtain Business Licenses and Permits
Research and apply for any required business licenses, permits, or professional certifications based on your industry and location. Requirements vary by business type and may include city, county, state, or federal permits.
Does your South Dakota LLC need a business license? →
Pro tip: Contact the South Dakota Small Business Development Center for free guidance on identifying all licenses required for your specific business type and location.

Watch: How to Start an LLC in South Dakota (2026): Step-by-Step Guide

This guide is general information, not legal or tax advice, and reading it does not create an attorney-client relationship. It reports what each Secretary of State publishes for forming an LLC, with the sources this page cites. It cannot tell you what your own filing needs: fees and forms change between our reviews, several occupations cannot use an ordinary LLC at all and must use a professional entity, and your city or county may require a registration of its own. Confirm the current fee and form with the filing office named on this page before you send anything.

Frequently Asked Questions

: The South Dakota LLC filing fee is $150, paid to the South Dakota Secretary of State when submitting your Articles of Organization. Your total first-year state cost rises to $205 when you include the $55 annual report fee due during your anniversary month, for example, an LLC formed in May 2026 will owe its first $55 annual report by May 2027. There are no publication requirements or additional mandatory state fees beyond these two amounts. Additional costs may include registered agent services and operating agreement preparation. Exception: LLCs that miss their anniversary month annual report deadline risk administrative dissolution by the South Dakota Secretary of State, which requires reinstatement fees to correct. South Dakota has no state income tax on LLC profits. File online through the Secretary of State portal at sdsos. The South Dakota Secretary of State publishes no standard processing time for this filing.
: South Dakota publishes no standard processing time for Articles of Organization, so nobody can honestly quote you one. The South Dakota Secretary of State does not publish a standard business-day turnaround for LLC filings. The only timing statement on the fee schedule is the definition of expedited service: "completion sooner than the normal course of business upon request" for $50. What the South Dakota Secretary of State does publish is a price for speed: $50 for Expedited service (completion sooner than the normal course of business, upon request). Those are firm commitments, and they are the only way to get a guaranteed date. File online where the state offers it. Every state that discusses the difference says online is faster than mail, and treat any specific day count you see quoted for South Dakota as unsourced.
: No, South Dakota doesn't require LLC formation notices to be published in newspapers. Once your Articles of Organization are filed with the South Dakota Secretary of State and approved, your LLC is fully legally formed and authorized to conduct business without any additional publication steps. For example, a Sioux Falls-based LLC can immediately sign contracts, open a business bank account, and begin serving customers the same week its Articles are approved. No newspaper publication run is required. This makes South Dakota significantly more straightforward and affordable to form in than states like New York, which mandates 6 consecutive weeks of publication in two county-designated newspapers at rates the newspapers set. Exception: certain regulated professional LLC types may have additional disclosure requirements under their licensing boards, but standard South Dakota LLCs face no publication burden at any stage of formation.
: South Dakota has no state income tax. Your LLC's profits won't be subject to any South Dakota state income tax regardless of how much the business earns. South Dakota LLCs still owe federal income taxes, which pass through to each member's personal federal return. If your LLC sells taxable goods or certain services within South Dakota, you must register for and collect South Dakota sales tax through the Department of Revenue. Articles of Organization are filed with the South Dakota Secretary of State, but sales tax registration is a separate step. Exception: LLCs that elect to be taxed as corporations at the federal level are subject to federal corporate income tax rates, so consult a tax professional before making a C-Corp or S-Corp election.
: Your South Dakota LLC annual report is due during the anniversary month of your LLC's formation each year, with a $55 fee paid to the South Dakota Secretary of State, for example, an LLC formed in August 2026 must file and pay by the end of August 2027 and every August thereafter. The annual report is filed online through the Secretary of State's portal at sdsos.gov and requires current information about your registered agent, principal office address, and member or manager details. Exception: LLCs that miss their anniversary month deadline are placed in delinquent status and can ultimately be administratively dissolved if the report remains unfiled for an extended period; reinstatement requires paying all outstanding fees plus a reinstatement filing fee, significantly increasing your total cost. Set a recurring calendar reminder one month before your anniversary month each year to gather the required information and file the annual report well before the deadline.
: Yes, you can serve as your own registered agent in South Dakota if you've a physical South Dakota street address, not a P.O. box, and are reliably available during normal business hours to receive legal documents and official notices on behalf of your LLC. When filing Articles of Organization with the South Dakota Secretary of State, you list your own name and South Dakota address as the registered agent. For example, a Rapid City-based LLC owner with a fixed office can serve as their own agent at no additional cost. Exception: if you live outside South Dakota or travel frequently and can't guarantee consistent weekday daytime availability, using yourself as the registered agent creates serious risk of missing time-sensitive legal documents such as lawsuit service papers, which could lead to a default judgment against your LLC. A professional registered agent service ensures uninterrupted availability, provides mail forwarding, and keeps your personal address off public South Dakota business records.

Sources

5 documents

Each entry below is a document recorded in our verified South Dakota 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.

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
sdsos.gov/Division%20of%20Business%20Services/FAQs/default.aspxSouth Dakota agency guidance: Annual Report
sosenterprise.sd.gov/BusinessServices/Business/AnnualReportInstr.aspxSouth Dakota agency guidance: Annual Report
sdlegislature.gov/api/Statutes/Statute/59-11-25South Dakota statutory text, unofficial mirror: Annual Report

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$39 with Northwest, plus your $150 state fee. Northwest's $39 includes a year of registered agent service.

Affiliate disclosure: We may earn a commission at no extra cost to you.

Prefer to file directly? File yourself at the Secretary of State → ($150 state fee, no service fee)

Not sure which service is right? Compare formation services →

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.

How we check facts

Quick Facts

How to Form an LLC: Step-by-Step

Choose Your LLC Name

Designate a Registered Agent

File Articles of Organization

What You File in South Dakota

Processing Times

Create an Operating Agreement

Obtain an EIN from the IRS

Open a Business Bank Account

Obtain Business Licenses and Permits