Why Form a Limited Liability Company (LLC)?


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South Dakota Fees and Filing Requirements for LLCs

Depending on the specifics of your South Dakota business, you’ll be required to pay certain fees and fulfill different filing requirements. Some of these costs are payable to the South Dakota Secretary of State, while others are due to the federal or South Dakota government. We’ve summarized the most common requirements and fees here.

Note that South Dakota business licenses and permits might need to be paid when you first form your business, on an ongoing schedule or on an ad hoc basis. Find more details below.

South Dakota LLC Formation Filing and Fees

When you first incorporate your business in South Dakota, you’ll need to file an LLC with the Secretary of State and pay a filing fee. Here are the current fees and filing times for South Dakota:

State Fee State Filing Time Expedited Filing Time
$150 5 Business Days 1 Business Day

When you form your LLC through Incfile, we automatically forward this fee to the South Dakota Secretary of State when we file your incorporation paperwork.

Some states allow you to form your LLC more quickly by paying a rush fee. You can compare state filing times and fees here, including expedited fees for South Dakota.

Incorporate your South Dakota LLC through Incfile today

Getting an EIN/Tax ID for Your South Dakota LLC

Every South Dakota LLC should have a unique employer identification number (EIN). These are provided by the Internal Revenue Service, and you use them when filing taxes, opening a business bank account and paying employees. You can get one yourself at no cost from the IRS or have Incfile obtain one on your behalf.

Get an EIN for your South Dakota LLC through Incfile

Foreign Qualification to Operate in a State Outside South Dakota

If you’re expanding your South Dakota LLC beyond the borders of the state, you will need a Foreign Qualification or Certificate of Authority to operate in another state. These are typically necessary if you have a physical presence, employees or banking in a different state than South Dakota. Fees and requirements for foreign qualifications depend on each state’s rules. Incfile provides a complete Foreign Qualification service for any state.

Get a Foreign Qualification/Certificate of Authority through Incfile

Annual Reporting and Fees for Your South Dakota LLC

Most states need to file an annual (or other periodic) report with their department of state. When you file your SD LLC annual report, you may need to pay a fee. Here are the annual filing requirements for South Dakota:

Annual Report

Frequency: Annually

Due Date: Before 1st day of 2nd month following anniversary month.

Filing Fee: $50

Learn about your ongoing South Dakota LLC filing requirements and business filing deadlines with our helpful South Dakota ongoing filing lookup tool.

Incfile can also complete and file your South Dakota annual report on your behalf.

Incfile’s South Dakota Annual Report Filing service

South Dakota Business Permits and Licenses

Some SD LLCs will need certain business licenses and permits from federal, state and regional organizations. These permits and licenses will have associated fees that you should pay on a one-off or regular basis. Permits and licenses vary based on:

  • The industry your South Dakota LLC operates in (e.g., restaurants will need health permits)
  • The location of your South Dakota LLC (state, county or city) (e.g., a license to conduct business from the city of Pittsburgh)
  • The type of business that you run (e.g., healthcare providers must meet HISDA requirements)

You can research these permits and licenses yourself or use Incfile’s Business License Research Package, which includes:

The Incfile Business License Research Package for Your South Dakota LLC

Our Business License Research Package tells you about all of the licenses and permits you will need for your South Dakota LLC. It includes:

  • A complete report on all the licenses, permits and tax registrations your South Dakota LLC will need
  • The application forms you will need to file with the South Dakota, regional and federal licensing authorities

Remember that operating your business without the required licenses can expose you to risks and fines from federal, South Dakota and local governments.

Incfile’s South Dakota Business License Research Package

Create an Operating Agreement for Your South Dakota LLC

An Operating Agreement is a business document that covers how the business will be run, how managers and members are chosen, rights and duties of members and several other key areas.

South Dakota LLCs aren’t required to have an Operating Agreement, but they are extremely useful for several reasons (learn about them here). If you’re interested in having your Operating Agreement created for you, Incfile can draft a general Operating Agreement template when you choose to form your South Dakota business. You can choose to make changes to the template based on your unique requirements.

Ad Hoc South Dakota Fees or Requirements for Your SD LLC

There are several other fees or requirements that you may need to meet during the life of your South Dakota LLC. These ad hoc fees will only be payable in specific circumstances, which we’ve listed below.

To Obtain a Fictitious/DBA Name for Your South Dakota LLC

If you want your SD business to trade under a different name, you can file a form with the South Dakota Secretary of State. You will need to pay a South Dakota filing fee. Incfile can file this form on your behalf.

Incfile’s South Dakota Fictitious Name service

To Change the South Dakota CROP for Your SD LLC

Your South Dakota LLC needs a Registered Agent. You need to appoint one when you first incorporate your LLC. You can also switch to a new SD Registered Agent later. Incfile provides a complete South Dakota Registered Agent service.

Incfile’s South Dakota CROP service

To Reserve a Name for Your South Dakota LLC

If you don’t want to form your SD business right away, you can reserve a name with the South Dakota Secretary of State. You will need to pay a small fee to do this.

To Amend Certain Facts about Your South Dakota LLC

Your business formation documents state certain facts about your South Dakota business when it was originally formed. Over time, these facts might change — if they do, you need to file “Articles of Amendment” with the South Dakota Secretary of State. You can do this yourself or have Incfile complete the filing on your behalf.

Areas you might want to file South Dakota Articles of Amendment for include:

  • Adding, removing or changing a South Dakota LLC member or manager
  • Changing the business address of your LLC
  • Altering the stated business activities of your South Dakota LLC

Incfile’s South Dakota Articles of Amendment service

To Get a Certificate of Good Standing for Your South Dakota LLC

Some organizations will request that you prove your South Dakota LLC’s compliance with laws and tax requirements. If you need to prove you have met your commitments, you will need a “Certificate of Good Standing” from the South Dakota Secretary of State. Incfile can obtain a certificate on your behalf.

Incfile’s South Dakota Certificate of Good Standing service

The fees listed above detail all the charges that a standard SD LLC will be required to pay. In some unusual circumstances, there may be other one-off, periodic or ad hoc fees not listed above.

Of course, your South Dakota LLC will also probably need to pay self-employment, payroll, federal, state and sales taxes, but we will cover that when we talk about taxes for SD LLCs.

FAQs About South Dakota LLC Fees

What Happens to the State Fees That I Am Charged When Forming My South Dakota LLC?

We charge you for this fee at cost and then pay the fee to the department of state on your behalf when forming your South Dakota business.

Do I Need to Pay an Annual Report Fee Every Year?

Usually, yes. Most states require you file a report for your LLC every year. Some states require filing biennially (every other year), though a handful don’t require annual reports. You can find out more on the compliance page for your state.

Who Will I Need to Get Business Licenses and Permits From for My South Dakota LLC?

It depends on various factors including:

  • The type of business you run
  • Where you are located
  • Governing organizations in your industry
  • Federal, state and local regulations

That’s why our business license research package is so useful. It explores all of these areas for you and provides a comprehensive overview of exactly what your South Dakota LLC needs to be compliant.

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What are the fees and requirements to form a business in South Dakota?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$150 5 Business Days 1 Business Day

Compliance Requirements

This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.

Annual Report

Frequency: Annually

Due Date: Before 1st day of 2nd month following anniversary month.

Filing Fee: $50

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