South Dakota LLC Formation Guide
Everything you need to form an LLC in South Dakota — fees, timelines, and step-by-step filing instructions.
| State | South Dakota |
| Abbreviation | SD |
| Filing fee | $150 |
| Processing time | 2 business days |
| Expedited available | No |
| Online filing | Yes |
| Annual report fee | $50 |
| Annual report due | Anniversary date |
| Registered agent required | Yes |
| State tax on LLC | No (pass-through only) |
South Dakota-specific notes
No state income tax. Very fast processing at 2 days. Annual report due on anniversary date.
How to form an LLC in South Dakota — step by step
Search your business name
Verify your desired LLC name is available in South Dakota. The name must include "Limited Liability Company," "LLC," or "L.L.C." Use the South Dakota Secretary of State business search tool.
Choose your registered agent
Designate a registered agent with a physical South Dakota address available during business hours. You can serve as your own agent or use a registered agent service ($50–$300/year).
File articles of organization
Submit your articles of organization to the South Dakota Secretary of State online. Pay the $150 filing fee.
Wait for approval
Standard processing takes approximately 2 business days. You will receive a stamped copy of your articles once approved.
Create an operating agreement
Draft an operating agreement outlining ownership, management structure, profit sharing, and member responsibilities. South Dakota does not require an operating agreement by law, but it is strongly recommended for all LLCs.
Get your EIN
Apply for a federal Employer Identification Number (EIN) free at IRS.gov. Takes about 10 minutes online. Required for business bank accounts, hiring employees, and filing taxes.
Open a business bank account
Use your EIN, articles of organization, and operating agreement to open a dedicated business checking account. Keeping business and personal finances separate is essential for maintaining your liability protection.
File annual reports & pay taxes
File your South Dakota annual report ($50) by Anniversary date each year. Keep your registered agent updated and pay any applicable state taxes.
Want someone to handle the South Dakota filing for you?
These services file your South Dakota LLC articles of organization and handle registered agent setup.
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