How to Start an LLC in South Dakota
Last Updated: By TRUiC Team
It’s easy to form an LLC in South Dakota online yourself. Just follow these steps:
- Name Your LLC
- Choose a Registered Agent
- File the SD Articles of Organization
- Create an LLC Operating Agreement
- Get an EIN
Or, use a professional service:
Northwest Registered Agent ($29 + State Filing Fee)
LegalZoom ($79 + State Filing Fee)
Starting an LLC in South Dakota is Easy
You can form a South Dakota LLC online by registering the Articles of Organization with the Secretary of State. The cost of setting up an LLC in South Dakota is $150 online or $165 for paper filing.
Follow our How to Start an LLC in South Dakota guide below to get started.
To learn how to form an LLC in any state, visit our How to Start an LLC guide.
Step 1: Create A Name For Your South Dakota LLC
Before you register your South Dakota LLC, you'll need to come up with a name. Your business name needs to be catchy for branding purposes and legitimate for legal purposes.
We go into depth on this topic in our LLC naming guide. We’ll go over the basics below.
Naming Your LLC
First, brainstorm some possibilities. Use our LLC name generator to get the ideas flowing.
Next, make sure your name meets South Dakota guidelines:
- it contains the words limited liability company, limited company, LLC, or L.L.C.
- it doesn't contain restricted words or phrases (these often include words like bank, attorney, and university) without approval
- it's distinguishable from any other entity or trade name registered in South Dakota
- full list of South Dakota naming guidelines
Next, do a South Dakota LLC name search with the Secretary of State to find out if your name is available in South Dakota.
If your business name is available and meets guidelines, you’ll be able to register it when you file your Articles of Organization with the Secretary of State.
Is the URL available? Before you commit 100% to a name, check to see if there’s a good web domain available.
We recommend buying your domain right away because even if launching a business website isn’t on your radar right now, it will be soon.
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Once you register a domain name for your LLC, consider setting up a business phone system to establish credibility and enhance your customer service. Nextiva provides a plethora of useful features and a quick, easy setup. Try Nextiva.
Using a South Dakota DBA - Business Name (DBA)
A South Dakota DBA (doing business as), also known as a DBA - business name, is any registered name that a business operates under that isn't its legal business name. A DBA - business name can be used by any type of business, including a sole proprietorship, partnership, or limited liability company (LLC).
Learn how to get a DBA in our South Dakota DBA guide.
Step 2: Appoint a South Dakota Registered Agent
When you file your Articles of Organization, you'll need to list a registered agent.
A registered agent's job is to accept legal documents like service of process and tax notices for your LLC. To learn more about South Dakota Registered Agents, read our guide.
Your registered agent can be a person or a registered agent service. You can act as your own registered agent, but many business owners choose to use a registered agent service.
Here are a few things to think about before you decide to act as your own registered agent:
- You’ll need to be available during normal (9 am - 5 pm) business hours at the address you provide
- If you run your business from home, you’ll have to make your personal address public
- You could be served with a lawsuit in front of your family or coworkers
Recommended: Northwest Registered Agent offers a free year of registered agent services when you form your LLC ($29 plus state fees).
Step 3: File the SD Articles Of Organization
It’s time to officially form your LLC by filing your Articles of Organization with the Michigan Department of Licensing and Regulatory Affairs.
You can file online with the South Dakota Secretary of State or fill out a hard copy of SD Articles of Organization and mail it in. The filing fee is $150 online or $165 by mail.
Recommended: Now is a good time to decide if your LLC will be member-managed vs manager-managed.
You'll need to know the following information to complete the form:
- Entity Name
- Business Purpose
- Designated Office
- Registered Agent Name and Registered Office Address
- Organizers’ Names and Addresses
- Governing Authority Type (LLC Management Structure)
- Owner Liability
For more detailed help with completing the form, visit our South Dakota Articles of Organization guide.
Mail Your Articles of Organization:
Send the form and payment (payable to the Secretary of State) to:
Secretary of State Office
500 E Capitol Ave
Pierre, SD 57501
How long does it take to get a South Dakota LLC approved? LLC processing is immediate after payment is received online, or 1 to 2 business days by mail.
Step 4: Create an LLC Operating Agreement
Creating a South Dakota LLC operating agreement is the only way to legally lock down your LLC’s management and ownership structure. Having an operating agreement in place will give you something to return to if a dispute or lawsuit arises.
Even single-member LLCs benefit from having an operating agreement.
Your operating agreement should outline the following:
- Each member’s responsibilities
- How new members will be admitted
- How existing members may transfer or terminate their membership
- How profits and dividends will be distributed
You can add as many provisions as you want, as long as they don't conflict with South Dakota business law. Take a look at our What is an Operating Agreement guide to learn more.
Download a template or create a custom Free Operating Agreement using our tool.
Step 5: Get an EIN
An Employer Identification Number (EIN) is like a Social Security number (SSN) for your company. The IRS and the state of South Dakota will use this number to track your business activity.
Your EIN will come in handy when it’s time to:
- Open a business bank account
- File Federal and State taxes
- Hire employees
The best way to get an EIN for your LLC in South Dakota is by using the free online application on the IRS website.
Read our Get an EIN guide for instructions.
Need Help Forming an LLC?
We’ve reviewed and ranked the Top 8 LLC formation services.
Steps After Forming an LLC in South Dakota
After forming your South Dakota LLC, it's important to:
Open A Business Bank Account
A business bank account helps separate personal expenses and company expenses, which is required to maintain your South Dakota LLC's corporate veil. A corporate veil protects your personal assets from creditors in potential lawsuits against your LLC or Business.
Learn more by reading this guide to Banking for Entrepreneurs. For a multi-member LLC, you'll also want to set up capital accounts for LLC members. We also recommend checking out our review of the best business bank accounts.
Get A Business Credit Card
A business credit card will help separate personal and business expenses while building your company's credit history. A strong credit history will be useful for raising capital in the form of venture capital, angel investment, or small business loans.
Set Up Business Accounting
Hiring a business accountant is one of the best ways to ensure you’re taking advantage of LLC tax benefits; possibly saving you and your business thousands of dollars per year.
When forming an LLC in South Dakota, it’s a good idea to start a relationship with a business accountant as soon as you start your business to help set your company up for success.
Get Business Insurance
Business insurance helps manage risk. The most common forms of business insurance are general liability, professional liability, and workers' compensation.
Find out the real cost of getting insurance for your business. Get a free quote or call 855-965-3168.
Keep Your Company Compliant
Research South Dakota Business Licenses and Permits
To operate an LLC in South Dakota, you will need to comply with federal, state, and local government regulations such as health permits, building permits, and signage permits.
Business licensing and permit requirements vary from state to state. To get started, visit our How to Get a Business License in South Dakota guide. To help facilitate this process, you can also utilize a business license service.
File Your South Dakota LLC Annual Report
All South Dakota LLCs must file an annual report with the Secretary of State by November 15 each year. This can only be done online, and the filing fee is $50.
Understand South Dakota State Tax Requirements
South Dakota businesses that sell physical products are generally required to obtain a seller’s permit through the South Dakota Department of Revenue website. Visit our South Dakota Sales Tax guide to learn more about seller’s permits and South Dakota sales tax.
Additionally, if you have employees in South Dakota, you will need to register for unemployment insurance tax, known in the state as Reemployment Assistance Tax, with the South Dakota Department of Labor and Regulation.
Understand Your South Dakota LLC’s Federal Tax Requirements
Most South Dakota LLCs will need to report their income to the Internal Revenue Service (IRS) each year using Form 1065: Partnership Return (multi-member LLCs) or Form 1040 - Schedule C (single-member LLCs).
How you pay yourself will affect your federal taxes. Visit our guide to learn more about how to pay yourself from your LLC.
Know Your South Dakota LLC’s Federal Tax Election Options
Pass-through taxation entails a business’s profits passing through to the LLC member’s individual tax returns. Like a sole proprietorship, an LLC is taxed as a pass-through entity, also known as a disregarded entity.
Once this process is completed and after any tax-deductible expenses are taken out, the LLC members pay self-employment taxes and income tax on their portion of the business income.
Alternatively, South Dakota LLCs can choose to elect to be taxed as an S corporation (S corp) or C corporation (C corp). If S corporation tax status is elected, LLC members can be taxed as employees of the business, potentially reducing tax burden.
More LLC Resources
- South Dakota Foreign LLCs: Forming a foreign LLC allows your company to operate as one entity in multiple states. Download the South Dakota foreign LLC form to get started.
- South Dakota Certificate of Good Standing: A certificate of good standing verifies that your LLC was legally formed. To order, follow our South Dakota certificate of good standing guide.
- Dissolving a South Dakota LLC: If you are ready to dissolve your LLC, follow the steps in our South Dakota LLC Dissolution Guide.
- LLC Legal Forms: TRUiC offers a number of free LLC legal forms including operating agreements, LLC resolutions, and hiring documents.
Need Help Forming an LLC?
Read our Best LLC Services review to learn more about pricing and packages.
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