South Dakota LLC — Frequently Asked Questions
How much does it cost to form an LLC in South Dakota?
The state filing fee to form an LLC in South Dakota is $150. That's priced in the middle of the national range for LLC filing fees. On top of that, plan for $55 each year in annual report fees. Filing service: $199. State fee: $150 (paid by you to the state). Registered agent service: $99/year, separate subscription. EIN: free from the IRS, or we help for an add-on fee. Operating agreement: optional add-on.
How long does it take to form an LLC in South Dakota?
Standard processing runs 5-7 business days. If you pay $50 for expedited service, you can usually get to 24 hours. We file on your behalf and notify you as soon as the South Dakota Secretary of State processes the formation.
Does South Dakota require an annual report for LLCs?
Yes, every year. The fee is $55. Missing the filing deadline can lead to late fees and eventually administrative dissolution by the South Dakota Secretary of State.
Do I need a registered agent for my South Dakota LLC?
Yes. Every LLC registered with the South Dakota Secretary of State is required to maintain a registered agent with a physical South Dakota address. This is true from the moment you file your formation documents and remains true for as long as the LLC exists. We offer this service at $99 per year as a standalone product, separate from formation.
Can I form an LLC in South Dakota if I live in another state?
Yes. You don't have to be a South Dakota resident to form a South Dakota LLC. You do, however, need a registered agent with a physical South Dakota address — which you can get from us for $99 a year (separate from formation).
Do I need an operating agreement for my South Dakota LLC?
South Dakota doesn't require you to file an operating agreement with the state, but you absolutely should have one. Banks require it to open a business account. Courts rely on it in disputes. Without one, South Dakota's default LLC rules apply — which may not match your intentions. An South Dakota-specific operating agreement template is available from us as a standalone add-on.
How do I get an EIN for my South Dakota LLC?
Apply directly on IRS.gov — it's free and takes about 10 minutes. You'll receive your EIN immediately after completing the online application. Never pay a third party for an EIN. We provide EIN application assistance as an optional, separately-priced service. The IRS doesn't charge for an EIN — apply at IRS.gov yourself if you prefer.
What's included in your formation service?
Here's what the $199 fee buys: we prepare and file your South Dakota Articles of Organization with the state. That's it. The $150 state fee goes directly to the South Dakota Secretary of State. Registered agent, operating agreement, and EIN are each separate optional services.
Still Have Questions?
We're here to help. Reach out Monday through Friday and we'll answer any questions about forming an LLC in South Dakota or how our services work.