How much does an LLC cost in South Dakota? (details)
Forming a South Dakota LLC entails more than just paying the first filing fee; it doesn't have to be extremely expensive.
We outline all up-front and continuing costs for a South Dakota LLC and advise how to successfully cut these out of the budget.
How Much Does It Cost to Start an LLC in South Dakota?
There is a $150 filing fee for the Articles of Organization with the Secretary of State when forming an LLC in South Dakota.
This is important in creating your LLC's legal standing, allowing it to function under South Dakota regulations if approved.
Apart from the LLC filing fee mentioned above, additional expenses are associated with establishing a South Dakota LLC (Limited Liability Company).
Costs of Forming a South Dakota LLC
Forming an LLC includes a one-time state filing fee of $150.
There are also ongoing fees (like a $50 Annual Report fee and potential business license fees), which we discuss below.
LLC Costs in South Dakota
| Requirement | Cost |
|---|---|
| LLC Name | $0 |
| Registered Agent | $0 or $125 per year |
| Articles of Organization | $150 |
| Operating Agreement | $0 (free on our site) |
| EIN Number | $0 (free to the IRS) |
| Annual Report | $50 |
| Taxes | varies (filed and/or paid every year) |
The filing fee for a South Dakota LLC Articles of Organization is $150
In South Dakota, forming an LLC requires paying the Secretary of State a $150 filing fee for the Articles of Organization. This paper creates your LLC legally if it is accepted.
After formation, you only need to pay the $150 one-time charge; after that, you won't need to pay any more monthly or yearly fees to keep your South Dakota LLC active.
✎ Note:
LLCs represent the predominant business structure in South Dakota, chosen for their robust liability protection afforded to owners, making them highly favored among business entities.
The form used to establish an LLC can vary by state; it may be called the Articles of Organization.
In South Dakota, it is specifically known as the Articles of Organization. Despite these variations in naming, they all serve the same purpose to create your LLC legally.
Reserving a business name in South Dakota entails a fee of $0
The creation of your South Dakota LLC Name Reservation is completed simultaneously if you want to file online. An additional $0 filing fee is required for an online name reservation when filing online.
Remember to include the Name Reservation with your application if you want to file by mail.
But before forming your LLC, you have to wait for the Name Reservation to be approved. Even though filing by mail can save you a few bucks, it can take longer to form your LLC.
How much does a DBA cost? ($10)
In South Dakota, a DBA is filed with the town clerk rather than the Secretary of State. Therefore, the cost of a DBA will vary depending on the town where your LLC is doing business.
✎ Note:
A DBA, also known as a Trade Name, Fictitious Name, Assumed Name, or Fictitious Business Name, refers to the same concept.
★ Tip:
Obtaining a DBA for your LLC is optional and not a requirement.
South Dakota Registered Agent Fee ($0 to $125/ annually)
Under South Dakota law, every LLC formation requires the appointment of a Registered Agent.
Your South Dakota Registered Agent acts as the liaison for legal documents and state notifications on behalf of your LLC, necessitating a physical address within the state and availability during regular business hours.
You can appoint yourself, a trusted associate, or a family member as your Registered Agent without incurring additional expenses.
Alternatively, hiring a Registered Agent service costs between $100 and $300 per year. These services offer additional business support and safeguard your privacy.
Hiring a Registered Agent service is a good idea if:
- You lack a physical address in the state (South Dakota law mandates Registered Agents to have an address within the state).
- You prefer to keep your address private (some companies allow you to use their address for confidentiality).
Exclusive Offer!
Hire a Northwest Registered Agent to form your LLC for just $39 plus the state fee and receive a free year of Registered Agent service.
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LLC Operating Agreement Fee ($0)
A South Dakota LLC Operating Agreement functions as a written contract among the LLC's members. It outlines specific details regarding ownership, how the LLC is managed, and the distribution of profits.
Both Single-Member and Multi-Member LLCs should create an Operating Agreement, maintain it within their business records, and provide each member with a copy.
Online services generally charge between $50 to $200 for crafting an LLC Operating Agreement.
LLC EIN Number Fee ($0)
An EIN, also referred to as an Employer Identification Number or FEIN (Federal Employer Identification Number), is essential for handling tax filings, setting up an LLC bank account, and potentially facilitating employee hiring.
While some platforms may charge a fee, you can obtain an EIN for your LLC free of charge directly from the IRS. The process to apply online is simple and typically takes only a few minutes to complete.
South Dakota LLC Annual Report Fee ($50/year)
In South Dakota, the LLC Annual Report is referred to as the Periodic Report.
The state requires you to keep your LLC's information up to date by filing a South Dakota Periodic Report annually.
This keeps your LLC in good standing and compliance with state law so it can continue operating. You simply confirm the information on your Periodic Report, file it with the South Dakota Secretary of State, and pay the Periodic Report filing fee.
The South Dakota LLC Periodic Report is free annually. These costs are required each year for the duration of your LLC's existence.
✎ Note:
Other business entities may file different reports, but LLCs only need to file the Periodic Report each year.
South Dakota Business License and Permit Fees
The locations and industry sectors in which your LLC operates in South Dakota may require you to apply for additional business licenses or permits. For your LLC's specific operating area, for example, it may be necessary to obtain a city business permit.
Location and industry specifics can affect the cost of these licenses or permits. These costs are usually fair. Local governments such as towns, cities, or counties are responsible for administering some licenses and permits, while the state issues others.
LLC Taxes
South Dakota LLC owners face a range of tax obligations, leading to varying annual costs.
Some of the taxes LLC owners pay include:
- Federal taxes
- State income tax
- Local income tax
- Business taxes
- Self-employment taxes
- Sales and use tax
- Payroll tax (if you have employees)
- Property tax (if the LLC owns property)
The Taxes of Your South Dakota LLC taxes are affected by your industry and business activities, making it difficult to predict. Every business is different, and the taxes your LLC owes depend on your specific situation.
✎ Note:
Typically, a Single-Member LLC is taxed similarly to a Sole Proprietorship, while a Multi-Member LLC is taxed similarly to a Partnership.
Hiring an Accountant
Accounting fees can vary, but in general, expect to pay about $300 a year for basic tax returns and up to $900 for more comprehensive filings.
The best person to help you determine your small business tax liability in South Dakota is a certified accountant.
While accounting costs can vary, you should generally budget $300 for simple tax returns and up to $900 for more complicated filings annually.
Need to save time?
Consider hiring a professional to set up your LLC: Northwest Registered Agent offers LLC formation services starting at $39 plus the state fee.
(Find out why Northwest is the top choice for LLC formation)
✎ Note:
Accounting fees can vary, but in general, expect to pay about $300 a year for basic tax returns and up to $900 for more comprehensive filings. We recommend speaking with a few South Dakota accountants to make sure they can help you with all of your local, state, and federal tax needs. For more advice, see our comprehensive guide on how to find an accountant.
South Dakota Secretary of State
If you're curious about the expenses involved in starting a South Dakota LLC, feel free to contact the South Dakota Secretary of State for detailed information.
South Dakota LLC Costs FAQs
How much does it cost to open an LLC in South Dakota?
It costs $150 to start a South Dakota LLC. This is a one-time filing fee for the LLC Articles of Organization.
Some LLCs may need a business license in South Dakota. This depends on your industry and where your LLC is located. The cost of local business permits varies, and depending on what your LLC does, you may need to obtain business insurance (such as business liability insurance).
How much does an LLC in South Dakota cost per year?
All South Dakota LLCs need to pay $50 per year for the Annual Report. These state fees are paid to the Secretary of State and are the only required annual South Dakota LLC fees. You have to pay this to keep your LLC in good standing.
If you hire a Registered Agent service, you’ll have an annual subscription fee to pay each year. This is usually about $125 per year.
Some LLCs may need a business license in South Dakota. This depends on your industry and where your LLC is located. You’ll need to check with your municipality to see if there are any annual renewal fees for the business permit.
Should I hire an LLC formation service?
You aren’t required to hire a professional service company (aka LLC formation services) to form your South Dakota LLC. You’re allowed to complete the South Dakota LLC formation process yourself if you’d like. You’ll just pay the state filing fees and won’t pay any other service fees to a company.
Do I need to hire an attorney to form an LLC?
No, you aren’t required to hire an attorney to form your LLC in South Dakota. You’re allowed to form your LLC yourself if you’d like.
However, some people may want to hire an attorney if their LLC has a complex ownership or management structure, has investors, or requires industry-specific documentation. A business attorney usually charges between $800 and $2,500 to form an LLC.
How do I start an LLC in South Dakota?
Here are the steps to starting an LLC in South Dakota:
- Choose an LLC business name and make sure it’s available.
- Choose who will be your South Dakota Registered Agent.
- File the South Dakota Articles of Organization.
- Complete and sign your LLC’s Operating Agreement.
- Get a Tax ID Number (EIN) from the IRS.
- Open an LLC bank account.
- Check whether you need a business or sales tax license in South Dakota.
What’s the cheapest way to start an LLC?
You can get an LLC cheaply by filing your formation documents yourself. You’ll also save money by being your Registered Agent and using our free LLC Operating Agreement template.
By forming your LLC yourself, being your Registered Agent, and using our Operating Agreement template you can save over $400.
How long does it take to get an LLC in South Dakota?
How long it takes to get an LLC in South Dakota depends on how you file your Articles of Organization.
You can get an LLC in South Dakota approved immediately if you file online. On the other hand, filing by mail takes about 1-2 business days (plus mail time).
How much does a South Dakota business bank account cost?
The cost of a business bank account varies. Some banks charge monthly fees ($10 to $20 per month), but these can sometimes be avoided by meeting certain requirements. For example, if you make a certain number of direct deposits or maintain a specified minimum balance, then they’ll waive the monthly fees.
You might be able to find a bank that doesn’t charge any monthly fees. Before you open your LLC business bank account, we recommend calling and asking if there are ways to avoid the monthly maintenance fees.
How much is a Foreign LLC in South Dakota?
A Foreign LLC is an LLC formed in another state that must register (aka Foreign Qualify) in South Dakota. This is because the LLC is doing business in both states.
The South Dakota Foreign LLC cost is $750 if you file online. Registering a Foreign LLC by mail costs $765. This is the filing fee to register an LLC in South Dakota after it was first formed in another state.
If you form an LLC in South Dakota, it is called a “Domestic LLC.” If you formed your LLC in another state, it would be a Foreign LLC once you register it in South Dakota.
Is South Dakota a good state for an LLC?
Yes, South Dakota is a great state to start a business. South Dakota doesn’t charge a state business license fee, has quick approval times, and helpful representatives at the Secretary of State if you have questions.
The most important factors in deciding where to start a business are your residence and where you conduct business. If you live in or do business in South Dakota, it is generally best to form your LLC there. Forming an LLC in another state, such as Wyoming, while residing and operating in South Dakota could lead to additional fees and complications.
In summary, if you are a South Dakota resident, it is usually best to form your LLC in South Dakota. If you don’t live in or do business in South Dakota, it may not be the most advantageous state for your LLC.