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. No ACF discrepancy to flag — the cleanest match found in this project so far: live llc_cost ($150) and corporation_cost ($150) both match South Dakota's own online filing fee exactly, no buffer either direction, on BOTH fields at once. llc_department already reads "South Dakota Secretary of State" live, matches. South Dakota's fee is also a genuine FLAT fee (SDCL 47-34A-212(a): "a filing fee of one hundred fifty dollars") — not itemized like Florida's $100+$25 split — and a South Dakota corporation pays the identical $150/$165 and the identical $55/$70 annual report an LLC does, a real parity fact (same shape as Illinois's LLC/corp parity elsewhere in this project, here even tighter). South Dakota note from the brief, resolved: it DOES have an annual report (unlike New Mexico/ Missouri/South Carolina elsewhere in this project) — verified directly against SDCL 47-34A-212(b) and 59-11-25, not assumed from its no-income-tax neighbors. Two real, dated findings, both sourced straight to the session-law text: 1. March 11, 2025 (South Dakota House Bill 1024, 2025 SL ch. 189, §4) raised the LLC annual report fee from $50 to $55 (and the non-filing penalty to match) — already in effect. This is also why two SD-hosted documents are stale: the downloadable Annual Report PDF form (footer-dated "Feb 2018") and the sosenterprise.sd.gov instructions page both still show the old $50/$65 figures. Used the current statute + the current live fee-schedule page instead ($55/$70/$55) — same "state hasn't updated every page yet" pattern as Delaware's stale FAQ elsewhere in this project. 2. Effective January 1, 2027 (South Dakota House Bill 1102, 2026 SL ch. 203, §1) will let each LLC choose an anniversary-month annual-report deadline instead of the current fixed date — NOT active yet. The page states today's real rule (every LLC's report is due before February 1, the same fixed date for everyone, regardless of formation month — read verbatim from SDCL 59-11-25's current text) as the operative fact, and logs the 2027 change as a dated update only, same precedent as this project's California SB 180 / Louisiana Oct-2026 handling. This also corrects a real gap in several third-party summaries, which describe the anniversary-month rule as if it were already active — it isn't, yet. 🚩 DBA finding, resolves the brief's "county-level, verify" flag — it's neither purely state nor purely county. SDCL 37-11-1, read verbatim: fictitious name statements are "electronically filed with the secretary of state, or filed in paper form with any register of deeds in the state" — filer's choice, and a paper county filing must be relayed into the state's own electronic system within 7 days (37-11-3) either way. $10 flat, renews every 5th year. Sole Proprietor section and DBA section below both describe this same hybrid mechanism — checked for the exact state-vs-county inconsistency that was found and swept across 7 other states earlier tonight. Distinctive fact, real but not new: South Dakota has allowed Series LLCs since November 15, 2020 (SDCL 47-34A-701 to 707, SL 2020 ch 200) — not a 2025/2026 change, so not used as the dated "Page updates" entry, but a genuine, verified capability worth its own callout ($200 domestic / $800 foreign filing fee, confirmed in 47-34A-212(c)). Anchor-preservation check done against the LIVE page, not assumed from the fallback list in the brief: fetched https://dealer101.com/llc/south-dakota/ directly (raw HTML, not a rendered paraphrase). All 9 kept-concept headings matched the brief's fallback list character-for-character with zero substitutions needed — same clean result as Michigan/Missouri/New Mexico. "File a DBA" is the one accepted anchor loss (live page says just that; new page says "File a DBA Under Your LLC"), same deliberate trade made on every other state per REBUILD-PLAN. Hero state outline generated the same way as every other state, not a placeholder: reran build-live-page.py's exact Albers-projection math (_albers()/state_outline()) against Research/Tools/map-pins/us-states.json's "South Dakota" feature. Flag asset confirmed live (200): south-dakota-vehicle-dealer-license-flag.svg. -->
South Dakota state flag
Filed with South Dakota Secretary of State

Start your South Dakota LLC Online for Free

Verified: September 20, 2026 · Updates

South Dakota’s $150 filing fee goes straight to the South Dakota Secretary of State, whether you file it yourself or not. Your LLC and EIN come at no extra cost.

Free EIN (Tax ID)Free Registered Agent

Register your South Dakota LLC Online

Complete the form below in 2–3 minutes. Your LLC and EIN come at no extra cost — you only pay South Dakota’s own $150 state fee.

  1. Enter your desired LLC name
  2. Choose your state
  3. Receive your LLC and free EIN by email
Stuck on a name? Try the free name generator →

Trusted by Thousands Nationwide

What is an LLC in South Dakota?

An LLC (Limited Liability Company) is a simple structure for running your business under a professional name. It separates your business from your personal name, and it's the most common way to add a partner, sell the business, or look like a real company instead of a side project.

That separation goes further than the name. If the business owes money or gets sued, your house, car, and personal bank accounts are generally off-limits — as long as you run the LLC properly. It doesn't protect you from something you personally did wrong.

A sole proprietorship skips all of that. You're doing business under your own name or a DBA, and everything stays tied to you personally.

A corporation does the same separation as an LLC, but it's built for a different job: issuing stock and bringing in outside investors. An LLC is simpler to run and cheaper to keep up if that's not you right now.

Benefits of an LLC in South Dakota

  • Add partners or co-owners whenever you're ready
  • Transfer ownership if you sell the business
  • “South Dakota Company, LLC” shows you’re a real business
  • Shows you’re registered (South Dakota Secretary of State)
  • Get a matching domain like SouthDakotaCompanyLLC.com
  • Simpler upkeep than forming a corporation

What's different about a South Dakota LLC

Your $150 filing fee is a single flat fee to the state — South Dakota doesn't split it into add-on charges the way some states do. Filing on paper instead of online adds $15. Need it faster? A $50 expedited fee moves your paperwork ahead of the standard queue, though South Dakota doesn't publish a guaranteed number of days for either option.

The Real Recurring CostEvery South Dakota LLC owes a $55 annual report to the Secretary of State every year, due before February 1 — the same date for every LLC, no matter when yours was formed. Miss it and South Dakota adds a $55 penalty; stay unfiled past 60 more days and the state can start dissolving the LLC, with a $150 fee to reinstate it.

South Dakota has no state income tax and no franchise tax on a standard LLC — the annual report above is the one recurring cost every South Dakota LLC owes, regardless of income. South Dakota also doesn't require you to publish a notice in a newspaper to form one, unlike a handful of other states.

South Dakota Also Allows Series LLCsSince 2020, one South Dakota LLC can wall off separate "series" from each other's debts for $200, filed at the same time as your Articles of Organization — no separate company to form.

Cost to start an LLC in South Dakota

$150 to the South Dakota Secretary of State — that's it. We don't charge a filing fee on top of it. A South Dakota corporation runs $150 through the same process.

South Dakota LLC: what you get with Inc Authority vs. other formation services
What you getInc AuthorityOthers
EIN (Tax ID)Freeup to $99
Registered agentFreefirst yearup to $249per year
Name checkFreeusually free
South Dakota state filing feespaid to the state — same for everyone$150$150

Free EIN with your South Dakota LLC

Your EIN (Employer Identification Number) is what opens a business bank account and identifies your company to the IRS — it's like a Social Security Number for your LLC. It's included at no extra cost, right alongside your LLC.

LLC vs Corporation in South Dakota

An LLC is simpler and more flexible, and keeps “LLC” in your business name. A corporation is a more formal structure built for issuing stock and outside investment, and keeps “Inc” or “Corp” in the name instead. 97% of our clients choose an LLC.

What is a Sole Proprietor in South Dakota?

A sole proprietorship means you're doing business as an individual. You can file a DBA with the Secretary of State, or on paper with your county Register of Deeds, to use a name other than your own. As an individual, you can't add a partner to the business, because everything is tied to your personal name and Social Security Number. If you later want to add partners or sell the business, you'll need to start an LLC or corporation.

File a DBA Under Your LLC

South Dakota calls a DBA a Fictitious Name statement. It lets one LLC operate under more than one business name. You can file it electronically with the Secretary of State, or in paper form with any county Register of Deeds — either way it lands in the same statewide record, and it costs $10.

A Fictitious Name isn't required if you're fine using your LLC's own name.

Example: South Dakota Company, LLC dba South Dakota Auto Brokers.

DBA vs LLC in South Dakota

A DBA only gives you another name to use. The LLC is the actual business entity that owns the DBA name and holds all legal rights.

Common Questions

Why start an LLC in South Dakota?

It separates the business from your own name, lets you add or remove owners as the business grows, and reads as a real, established company.

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

Filing takes a few minutes on this page. South Dakota doesn't publish a guaranteed timeline for standard processing, but a $50 expedited fee moves your paperwork ahead of the queue if you need it sooner.

Does South Dakota require an LLC annual report?

Yes. $55 a year online ($70 by paper), due before February 1 every year no matter when your LLC was formed. Miss it and South Dakota adds a $55 penalty; 60 days past due, the state can start dissolving the LLC.

Do I need an EIN for my South Dakota LLC?

Yes, for a business bank account and for the IRS to recognize your company. It's included free when you file here.

What's a registered agent, and do I need one?

A registered agent is the South Dakota street address the state sends legal mail to. Every LLC needs one, and it's included free for your first year when you file here.

Do I need an operating agreement?

South Dakota doesn't require one to file, but a bank often asks for one to open your business account. You can add it when you file, or write your own later.

Still deciding on a name?

Try the free name generator — type a word you like, get real available options back, then come straight here to file.

Page updates (2)
  • March 11, 2025 — South Dakota raised its LLC annual report fee from $50 to $55 (and the late-filing penalty to match) under House Bill 1024. South Dakota Legislature →
  • Starting January 1, 2027 — South Dakota will let LLCs choose their annual report deadline: either the anniversary month of formation, or the current January 31 date, under House Bill 1102. South Dakota Legislature →
Sources (6)

Every fact on this page was checked directly against South Dakota's own filing agency, revenue agency, and statutes — verified September 20, 2026.