How to Start an LLC in South Dakota
Mar 01, 2025
Looking to launch your business in a state that supports entrepreneurs? South Dakota offers a business-friendly environment with no state income tax, quick processing times, and minimal ongoing requirements. Unlike other states that complicate the process with excessive fees and regulations, South Dakota keeps it practical with a reasonable $150 online filing fee ($165 by mail) and minimal ongoing requirements
No matter if you're starting a local business or building an online brand, we’ll guide you through the process of forming your South Dakota LLC—without unnecessary costs and paperwork.
Starting a South Dakota LLC
Starting an LLC in South Dakota comes with distinct advantages. Here's what you need to know:
- Cost-Effective Setup: Basic filing fee is just $150 online ($165 by mail). You can be your own registered agent to save $100-300 annually in service fees. No state business license requirement means fewer startup costs.
- Quick Processing: Online applications typically process immediately, while mail applications take 3-5 business days. No need to pay for expensive expedited service.
- Simple Requirements: You'll need a unique business name, registered agent with a South Dakota address, and Articles of Organization. South Dakota doesn't require complex additional documents.
- Tax Advantages: South Dakota has no state income tax or franchise taxes. Your LLC will only need to handle federal taxes and any applicable sales tax (4.5% state rate).
- Minimal Maintenance: File annual reports ($50-65) and maintain a registered agent. No complicated ongoing paperwork or hidden fees to worry about.
A Guide to Launching an LLC in South Dakota
Starting an LLC in South Dakota is a process that offers flexibility and affordability—here’s a quick guide to get you started.
Step 1: Choose Your LLC Name
Your South Dakota LLC name must include "Limited Liability Company," "LLC," or "L.L.C." Before falling in love with a name, check availability through the South Dakota Business Entity Search. Your name must be unique and not misleadingly similar to existing businesses. Watch out for restricted words like "bank," "insurance," or "engineering" – these require additional licensing or approval.
Money-Saving Tip: Skip the $25 name reservation fee if you plan to file your LLC formation documents within a few days. Filing your Articles of Organization automatically secures your name.
Step 2: Selecting a Registered Agent
Here's an easy way to save $100-300 annually: serve as your own registered agent.
You qualify if:
- You have a physical South Dakota address (no P.O. boxes)
- Can be available during business hours to receive legal documents.
- You are at 18 years of age
While professional registered agent services offer privacy and convenience, being your own agent is a smart way to reduce costs when starting out.
Step 3: File Your Articles of Organization
The real work begins with filing your Articles of Organization with the South Dakota Secretary of State. Save money and time by filing online – you'll pay $150 instead of $165 for mail filing and get immediate processing instead of waiting 3-5 business days.
Here's exactly what you'll need to provide:
- LLC name and principal office address
- Registered agent information
- Whether the LLC is member or manager-managed
- Names and addresses of managers (if manager-managed)
- Duration of the LLC (usually "perpetual")
- Organizer information and signature
Pro tip: File online through the South Dakota Secretary of State Business Registration for instant processing. The online system checks for errors as you go, reducing the chance of rejection and delays. If you're filing by mail, double-check every detail – fixing mistakes later requires additional paperwork and fees.
Your registration will start here. Choose “Domestic LLC” and click “Next.”
Check your name Availability.
The rest is very simple and straightforward. Fill out the information shown on the side bar.
Review, pay, submit, and wait for approval,
After approval, keep your Articles of Organization safe – you'll need them for opening a business bank account and other important business matters.
Handle Post-Filing Requirements
After your LLC is approved, complete these essential tasks to keep your business compliant and protected:
Get Your Tax Documents in Order
- Apply for an EIN (free through the IRS website)
- Register for sales tax if selling goods/services (state rate is 4.5%)
- Set up tax payments through South Dakota Department of Revenue
Protect Your Business
- Open a separate business bank account
- Create an operating agreement (not required by law but crucial for protection)
- Consider business insurance options
- Visit South Dakota Governor’s Office of Economic Development to research licensing requirements.
Understand Your Tax Advantages
South Dakota's tax system is remarkably business-friendly. Your LLC won't pay state income tax or franchise taxes – a significant advantage over most other states. However, you'll still need to:
- Pay federal taxes (LLCs are typically pass-through entities)
- Collect and remit sales tax if applicable
- Handle any local tax obligations
- File federal self-employment tax if you're actively managing the business
Time to Start Your South Dakota LLC
With South Dakota’s low fees and simple LLC formation process, there’s no reason to wait—your business is just a few steps away from becoming official. Use our guide and take advantage of online filing, you can save your time and money. The total cost to form your LLC will be just $150, plus any optional services you choose.
Take the first step today and make your South Dakota LLC a reality! Head to the South Dakota Secretary of State Business Registration and start your online filing – you could have your LLC up and running by tomorrow.