How to form an LLC in South Dakota

This page is for a person who lives in South Dakota, will do the work in South Dakota, and is choosing between remaining a sole proprietor and filing a domestic South Dakota LLC. Compare the structures on LLC vs sole proprietorship.

Short version for 2026: file the Articles of Organization through the official South Dakota Secretary of State filing path, expect $150 online / $165 paper, use the South Dakota registered agent, then calendar the recurring filing: $55 online / $70 paper. Pay what the official portal shows and keep the receipt.

At a glance: South Dakota LLC fees

• Formation: $150 online / $165 paper
• Recurring state filing: $55 online / $70 paper
• Timing: Annual report due on the first day of the anniversary month; it can be filed starting two months before the due date; a $55 late fee applies after the delinquency date

File in South Dakota if the work is in South Dakota

A domestic South Dakota LLC starts with the Articles of Organization filed with the South Dakota Secretary of State. A company formed somewhere else that transacts business in South Dakota uses a different foreign-registration process; see Foreign LLC and certificate of authority.

Have a distinguishable LLC name, principal-office information, the South Dakota registered agent, and the organizer or authorized signature details requested by the current state form. Keep the operating agreement with the company records rather than filing it unless the state says otherwise.

What to have ready

• A distinguishable LLC name with an allowed identifier. Search the state entity database before filing.
• Principal office and mailing information, plus the information the current Articles of Organization form requests.
• South Dakota registered agent information accepted by the state filing path.
• Organizer, payment method, and the published formation fee: $150 online / $165 paper.

File through the official South Dakota path

Start with the official state page in the Sources section. Select the domestic LLC formation path, enter the entity details, review the current fee total, and save the acceptance. The state’s form and checkout screen control any processor, expedited-review, or other line item not listed here.

After the Articles of Organization is filed

The state filing creates the entity record. It does not replace separate licensing, account, payroll, or local requirements that may apply to the business. After acceptance, obtain the EIN, keep the acceptance with the company records, and use the state’s current instructions for follow-on filings.

Recurring filing

South Dakota requires the recurring filing described above. Check the official state portal for the entity’s exact deadline, status, and current total before paying. Keep the South Dakota registered agent and principal-office information current. Cross-state renewals: LLC annual report and annual registration.

South Dakota LLC FAQ

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

South Dakota lists domestic LLC Articles of Organization at $150 online or $165 by paper, including the $15 paper processing fee. The online filing path is the normal starting point.

Does a South Dakota LLC file an annual report?

Yes. The annual report is due every year on the first day of the anniversary month of the initial filing. The fee is $55 online or $70 by paper; a $55 late fee applies after the delinquency date.

Does a South Dakota LLC need a registered agent?

Keep a South Dakota registered agent with both a physical and mailing address in South Dakota. Compare DIY and commercial options: Registered agent basics for a new LLC.

Should I form in Wyoming or Delaware if I live and work in South Dakota?

For a one-state operator who lives and works in South Dakota, domestic South Dakota filing is the straightforward default. An out-of-state LLC doing business in South Dakota may need a Certificate of Authority, a South Dakota agent, and another renewal calendar. See Foreign LLC and certificate of authority.

Do I get an EIN before or after filing the South Dakota LLC?

After the Articles of Organization are accepted. The IRS application is free on IRS.gov. Walkthrough: Get an EIN after the state entity exists.

What this page does not cover

• Professional, series, nonprofit, or specialized LLC filings beyond the standard domestic path.
• Local licenses, sales-tax registration, employer accounts, or industry-specific approvals.
• Foreign qualification beyond the overview linked above.
• Voluntary dissolution or reinstatement; confirm the current state filing path before submitting either.