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How to start an LLC in South Dakota

Every step to form your LLC in South Dakota, with the state's fees and the official page for each. Checked against the state's own pages on September 30, 2026.

Filing fee
$150
Regular report
$55
What you file
Articles of Organization
Where
The South Dakota Secretary of State

Get the free checklist It follows these steps with you, for your business, and keeps track of what's done.

What an LLC costs in South Dakota

Filing Articles of Organization with the South Dakota Secretary of State$150
The regular report that keeps it in good standing$55
An EIN from the IRSFree
A registered agentFree if you're your own; a service charges a yearly fee

The state's fees only. Card or handling fees, a registered agent service, local licenses and taxes come on top where they apply. Checked against official sources on September 30, 2026. It's general information, not legal or tax advice.

Step by step

In the order most owners do them. Each step says where it happens and links to the official page.

  1. With the state

    Check your name is free

    Search the South Dakota Secretary of State's business records to check no business already uses your name, or one too close to it. An LLC's name must also end with "LLC" or a similar ending.

    Search business names (opens the official site)

  2. Your records

    Choose a registered agent

    South Dakota lets you name either a noncommercial registered agent (a person who lives in South Dakota, or a business entity registered there, with a street and mailing address in the state) or a commercial registered agent listed with the Secretary of State, named by its CRA number. A corporation, but not an LLC, may instead name an office, such as its president, with a business office in South Dakota. Naming an agent affirms that the agent has agreed to serve.

  3. With the state

    File your Articles of Organization

    File them with the South Dakota Secretary of State; online filing is processed right away and takes a credit or debit card. The state's fee is $150 online, or $165 on paper (a $15 paper filing fee is added). Once they're filed, your business exists.

    File online (opens the official site)

  4. Your records

    Write an operating agreement

    It sets out who owns the LLC, how decisions are made and what happens if someone leaves. It isn't filed with the state: keep it with your records. A lawyer can help you write one.

  5. With the IRS

    Get an EIN from the IRS

    An Employer Identification Number is your business's tax number, for taxes, hiring and a bank account. Apply once your Articles of Organization are filed. It's free from the IRS: with a Social Security number or ITIN, you can apply on the IRS's own site and get it at once. Watch out for look-alike sites that charge for it.

    Apply for an EIN on IRS.gov (opens the official site)

  6. With the state

    Register for state taxes

    If you sell, rent or lease taxable products or services in South Dakota, get a sales tax license from the South Dakota Department of Revenue; it's free and you can apply online. Contractors doing construction work need a contractor's excise tax license before they start. South Dakota has no corporate or personal income tax. New businesses also register with the Department of Labor and Regulation's Reemployment Assistance Division (formerly unemployment insurance), online or on Form 1.

    Register for state taxes (opens the official site)

  7. City or county

    Check local licenses and permits

    South Dakota's official new-business guides list no general state business license. Depending on the type of business, you may need a special license or registration from the state, your city or your county, and your city or county zoning office can tell you about zoning for your location.

    Find your local requirements (opens the official site)

  8. Your records

    Open a business bank account

    Keep the business's money apart from your own: it keeps your records clear at tax time, and keeps the LLC separate from you. Banks usually ask for your filed Articles of Organization and your EIN.

  9. With the state

    Put the yearly report in your calendar

    Every LLC in South Dakota files an annual report with the Secretary of State each year, due on the first day of the month it was formed in, starting the year after it's formed. The fee is $55 online ($70 on paper). If it isn't filed within two months after the due date, a $55 late fee is added, and the state can dissolve a business that stays delinquent. A law taking effect January 1, 2027 lets a business choose on its formation document between its anniversary month and January 31 each year, and switch later with a change-of-filing-date form.

    About annual reports (opens the official site)

Questions about an LLC in South Dakota

How much does it cost to start an LLC in South Dakota?

The state's fee to file Articles of Organization is $150. To stay in good standing, it also files a regular report, which costs $55. An EIN from the IRS is free.

Does South Dakota require a yearly report for an LLC?

Yes. South Dakota asks every LLC for a regular report to stay in good standing. It costs $55, and the step below says when it's due and where to file it.

Can I form an LLC in South Dakota myself?

Yes. You file Articles of Organization with the South Dakota Secretary of State and pay the state's fee, and the steps above show where. You don't need a lawyer, though one can advise on your situation. PressUp's free checklist follows these steps with you.

Is this legal or tax advice?

No. PressUp isn't a law firm or an accountant. This guide is general information from South Dakota's official pages, checked on September 30, 2026. For advice about your own situation, ask a lawyer or an accountant.

Where this comes from

South Dakota's official pages, read on September 30, 2026:

LLC guides for other states