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South Dakota state guide · FAQ

South Dakota LLC
questions, answered

Ten questions we get most often about forming an LLC in South Dakota — with straight answers, not hedged ones.

State filing fee$150
Typical approval5–7 business days
Annual report$55 annual
Single-memberAllowed

The ten we get asked most

How long does it take to form a South Dakota LLC?

5–7 business days for standard online processing through the South Dakota Secretary of State. Once the LLC is approved, we obtain the EIN the same day and deliver your bank-ready packet within a day or two after that.

What does it cost to form an LLC in South Dakota?

Our service is $299 flat. South Dakota's state filing fee is $150, paid directly to the South Dakota Secretary of State. First-year total is $449, with no upsells and no tiered pricing.

Do I have to live in South Dakota to form a South Dakota LLC?

No. South Dakota allows non-residents to form and own LLCs in the state. You do need a South Dakota registered agent — that's included in the $299 for the first year. Our Pierre office serves as the agent of record.

Can a single person own a South Dakota LLC?

Yes. South Dakota allows single-member LLCs, which the IRS treats as disregarded entities by default — meaning the LLC's income flows through to the owner's personal tax return.

What's included in your $299 flat fee?

Four things: your South Dakota Articles of Organization filed by a formation specialist, federal EIN obtained from the IRS, a custom operating agreement drafted to your actual ownership structure, and one year of registered agent service in South Dakota. No hidden costs, no tiered pricing.

What's the annual requirement for a South Dakota LLC?

South Dakota charges $55 annually for the report. Miss the deadline and the state imposes a late fee, and eventually administrative dissolution if the lapse continues.

Do I need a registered agent in South Dakota?

Yes, South Dakota law requires every LLC to maintain a registered agent with a physical address in the state to receive service of process and official correspondence. Our Pierre office serves as your registered agent for the first year as part of the $299.

Can I change the registered agent later?

Yes. After the first year you can renew our service at $119/year, or designate yourself, an employee, or another agent by filing a change-of-agent form with the South Dakota Secretary of State. The state typically charges a small fee for the change.

Will I get an operating agreement I can actually use at a bank?

Yes. Our operating agreements are drafted to your actual ownership structure — member names, percentages, voting rights, profit allocations — not a fill-in-the-blank template. Every major U.S. bank accepts them for business account opening.

Are there any South Dakota-specific tax or compliance notes?

Annual report increased from $50 to $55 (online) effective July 1, 2025. $70 by mail. No state income tax. No corporate income tax.

South Dakota note

Annual report increased from $50 to $55 (online) effective July 1, 2025.

What's included in the $299 flat fee

State filingArticles of Organization, by a formation specialist
EIN includedFederal tax ID, issued by the IRS after approval
Operating agreementDrafted to your ownership structure — not a template
Registered agentOne year included in South Dakota, Pierre on file
Ready to form in South Dakota?

$299 flat, plus South Dakota's $150 state fee.

Reservation takes three minutes. A formation specialist in Pierre handles the rest.

Start your South Dakota filing