Form an LLC in South Dakota
How to start an LLC in South Dakota.
What the state asks for, what it charges, and what to file after you form. Fees checked against official South Dakota sources in .
No state income tax, with a modest yearly report.
South Dakota at a glance
- State filing fee
- $150
- Articles of Organization
- Annual Report
- $55
- Every year
- Filed with
- South Dakota Secretary of State, Business Services
- Operating agreement
- Not required (oral or written allowed)
Online annual reports cost $55. Paper reports cost $70. These are the state's own fees, separate from ours, and they can change. Confirm with the South Dakota Secretary of State, Business Services before you file.
Forming an LLC in South Dakota, step by step.
- 1
Choose a name and check it
Your name needs "LLC" or a similar designator and must be distinguishable from names on record. Search the South Dakota business database first.
- 2
Appoint a registered agent
Someone with a street address in South Dakota who accepts legal papers and official notices for the LLC. You can serve yourself or use a registered agent service.
- 3
File the Articles of Organization
File with the South Dakota Secretary of State, Business Services. The state fee is $150. Online Articles of Organization cost $150. Paper filing costs $165.
- 4
Write an operating agreement
Not required (oral or written allowed). Either way it sets ownership, money, and decisions in writing. See the operating agreement guide.
- 5
Get an EIN
The business's federal tax ID, free from the IRS. Our EIN assistance can prepare it.
- 6
Register for sales tax if you sell taxable items
South Dakota issues a Sales Tax License through the South Dakota Department of Revenue. Check local licenses too.
- 7
File your Annual Report
Every year: first day of the second month following the LLC's formation anniversary month. The fee is $55.
General information, not legal or tax advice. State rules and fees change; this page was last checked in October 2026. YaH Brands is not a law firm or an accounting firm.
Forming in South Dakota? We prepare and file it, keep track of the follow-ups, and a real person answers when you call.
Services for this step
Every service is available on its own. Add only what your business needs.
- LLC filingPrepare the LLC filing you choose.
- Registered agentKnow who receives official notices for your business.
- EIN application assistanceGet oriented to your business tax ID application.
- Business AddressGive your business an address that fits how it works.
- Business license & permit researchFind out which permissions your business may need.
- Sales tax permit assistanceGet clear on sales tax registration steps.
Keep reading
All LLC guides- Start here8 min read
How to start an LLC
The steps to form an LLC in any state: choose a state and name, appoint a registered agent, file, write an operating agreement, get an EIN, and handle what comes after.
Read the guide - Keep it running5 min read
Annual report
What an LLC annual report is, what it asks for, how often it is due, and what happens if you miss it, including late fees and administrative dissolution.
Read the guide - Set it up6 min read
Foreign vs. domestic LLC
What domestic and foreign LLCs are, when you need to register in another state, how foreign qualification works, and whether to form out of state.
Read the guide
South Dakota LLC questions
The state filing fee for the Articles of Organization is $150. Online Articles of Organization cost $150. Paper filing costs $165. Plan for ongoing costs too, including the Annual Report fee of $55. Online annual reports cost $55. Paper reports cost $70.
Yes. South Dakota requires a Annual Report every year. The fee is $55, due first day of the second month following the LLC's formation anniversary month.
Not required (oral or written allowed). Having one is still a good idea for any LLC, and banks often ask for it.
Yes. Every South Dakota LLC must keep a registered agent with a physical address in the state to accept legal papers and official notices.