Form Your LLC in South Dakota

A South Dakota LLC gives you liability protection, flexible pass-through taxation, and simple upkeep—plus no state income tax on owners.

With FormPros, you can file online fast and stay compliant year after year.

Steps to Form a South Dakota LLC

1) Choose a Business Name

• Must include “LLC”/“L.L.C.” and be distinguishable in South Dakota.
• Optional name reservation is $25 (holds a name while you prep filings).

2) Appoint a Registered Agent

• Required. Must have a physical street address in South Dakota and be available during business hours.
• You may use a commercial agent or an individual who meets the criteria.

3) File Articles of Organization

• File online with the Secretary of State.
• It’s $150 if you file online. If you file by mail, it’s $165 due to a $15 paper-processing surcharge.

4) Create an Operating Agreement

• Not filed with the state but strongly recommended to set ownership, voting, and distributions (crucial for multi-member LLCs).

5) Get an EIN

• Free from the IRS—needed for taxes, payroll, and business banking.

6) Open a Business Bank Account

• Keep finances separate to preserve liability protection.

7) File the Annual Report

• File your Annual Report every year on the first day of your LLC’s anniversary month — $55 online or $70 by mail (late fees apply if you miss it).
• If you choose a Series LLC, the master filing is $200 online or $215 by mail.

South Dakota LLC Costs & Ongoing Obligations

Why Choose FormPros?

FormPros makes South Dakota LLC formation simple and stress-free. We handle the paperwork, guide you through compliance, and ensure your LLC is set up correctly the first time.

✅ Fast online filing
✅ Expert support
✅ Affordable pricing
✅ Ongoing compliance help

Start your South Dakota LLC today with FormPros and focus on building your business—not dealing with state forms.

Form an LLC in South Dakota FAQs

• How much does forming an LLC in South Dakota cost?
  Forming an LLC in South Dakota costs $150 if filed online or $165 if filed by mail. This fee is for submitting the Articles of Organization with the South Dakota Secretary of State.
• What is a series LLC in South Dakota?
  A series LLC in South Dakota allows a single LLC to have multiple “series” or divisions, each with its own assets, liabilities, and members. Each series operates independently and provides separate liability protection.
• What is the difference between an LLC and a corporation in South Dakota?
  • LLC: Provides limited liability protection, is easier to form, and allows pass-through taxation, where profits are reported on the members' individual tax returns.
  • Corporation: More formal structure with shareholders, directors, and officers. Can face double taxation unless it elects S Corp status but has greater access to raising capital through stock issuance.
• What is the difference between C Corp and S Corp in South Dakota?
  • C Corp: Subject to double taxation—both corporate income and dividends to shareholders are taxed.
  • S Corp: Avoids double taxation through pass-through taxation but has restrictions on the number and type of shareholders (e.g., no more than 100 shareholders, all must be U.S. citizens or residents).
• Can an LLC be a not-for-profit in South Dakota?
  Yes, an LLC can be a nonprofit in South Dakota if it is organized for a charitable, educational, or similar purpose and seeks tax-exempt status. However, it must meet specific IRS and state requirements to qualify.
• How long does it typically take to form an LLC in South Dakota?
  It typically takes 1-2 business days to form an LLC in South Dakota if filed online, and 3-5 business days if filed by mail.
• Can a South Dakota LLC Operating Agreement be modified?
  Yes, a South Dakota LLC Operating Agreement can be modified at any time with the consent of all members, unless otherwise stated in the agreement.
• How do I look up an LLC in South Dakota?
  You can look up an LLC in South Dakota through the Secretary of State’s online business search tool by entering the LLC’s name or registered agent’s name.
• Can I register my LLC in South Dakota if I don't live there?
  Yes, non-residents can register an LLC in South Dakota, but they must appoint a registered agent with a physical address in the state.
• Can a foreigner own a South Dakota LLC?
  Yes, foreigners can own a South Dakota LLC without residency or citizenship requirements.
• Can an LLC own a property in South Dakota?
  Yes, an LLC can own real estate or other types of property in South Dakota.
• Can one person own an LLC in South Dakota?
  Yes, South Dakota allows single-member LLCs, which provide the same limited liability protection as multi-member LLCs.
• Is a South Dakota LLC required to have officers?
  No, a South Dakota LLC is not required to have officers. It can be managed by members or appointed managers.
• What is the process for naming an LLC in South Dakota?
  Choose a unique name that includes “Limited Liability Company” or an abbreviation like “LLC” or “L.L.C.” and ensure it is distinguishable from existing business names. Verify availability using the South Dakota Secretary of State’s business name search tool.
• Can I convert an existing business into an LLC in South Dakota?
  Yes, you can convert an existing business into an LLC in South Dakota by filing Articles of Conversion and the Articles of Organization with the Secretary of State.
• How do I renew an LLC in South Dakota?
  Renewing an LLC in South Dakota involves filing an annual report by the end of the anniversary month of the LLC’s formation and paying the $50 filing fee to maintain good standing.