Does South Dakota have a state income tax?

No, South Dakota does not have a personal income tax.

Do I need an EIN to start a business in South Dakota?

Yes, most businesses need an EIN (Employer Identification Number). It's free from the IRS — apply online at IRS.gov and receive it immediately.

How to Start a Business in South Dakota

Q: How long does it take to form a business in South Dakota?

South Dakota typically processes business filings in 3-5 business days. Online filing is available through the Secretary of State.

Everything you need to form an LLC or Corporation in South Dakota — filing fees, tax rates, and step-by-step instructions.

$150

LLC Filing Fee

$150

Corp Filing Fee

Income Tax

3-5

Days to File

Steps to Start a Business in South Dakota

Choose Your Business Structure

Decide between LLC, Corporation, S-Corp, Sole Proprietorship, or Partnership. LLCs are the most popular choice in South Dakota for their simplicity and liability protection.

Choose a Business Name

Your business name must be unique in South Dakota. Search the Secretary of State database to check availability. For LLCs, the name must include 'LLC' or 'Limited Liability Company.'

Appoint a Registered Agent

Every South Dakota business needs a registered agent — a person or service with a physical address in South Dakota who receives legal documents on your behalf.

File with the Secretary of State

File your Articles of Organization (LLC) or Articles of Incorporation (Corp) with the South Dakota Secretary of State. Filing fee: $150 for LLC, $150 for Corp.

Get Your EIN

Apply for a free Employer Identification Number (EIN) from the IRS. Takes minutes online at IRS.gov. You'll need this for taxes, banking, and hiring.

Open a Business Bank Account

Separate your business and personal finances. You'll need your EIN, formation documents, and operating agreement. Holdings makes this easy with integrated banking.

Business Entity Types in South Dakota

LLC

Corporation

Corporation (C-Corp)

Businesses planning to raise venture capital, go public, or have complex ownership structures.

South Dakota filing fee: $150

S-Corp

S Corporation

Small businesses wanting to reduce self-employment tax while keeping pass-through taxation. Must meet IRS eligibility (≤100 shareholders, US citizens/residents only).

Sole Proprietorship

Solo freelancers and contractors. No state filing required but offers no liability protection.

Partnership

General Partnership

Two or more people starting a business together. Consider an LLC instead for liability protection.

Nonprofit

Nonprofit Corporation

Organizations with charitable, educational, or religious missions seeking 501(c)(3) tax-exempt status.

Getting an EIN in South Dakota

An Employer Identification Number (EIN) is a 9-digit number assigned by the IRS to identify your business for tax purposes.

Free

IRS Filing Cost

Instant

Online Application

9 Digits

EIN Format

Apply for EIN at IRS.gov →

South Dakota Business Taxes

Corporate Tax Rate	0%
Personal Income Tax	0% — No personal income tax
Annual Report Fee	$50

Official South Dakota Resources

🏛️

Secretary of State

File your business formation documents

📋

IRS EIN Application

Get your free EIN online instantly

Frequently Asked Questions

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

Filing an LLC in South Dakota costs $150 with the Secretary of State. You'll also pay $50 annually for the annual report. Add $50–$300/year if you hire a registered agent service.

How long does it take to form a business in South Dakota?

South Dakota typically processes filings in 3-5 business days. Online filing is available and generally faster.

Do I need a registered agent in South Dakota?

Yes. Every business entity in South Dakota must have a registered agent — a person or service with a physical address in South Dakota who can receive legal and tax documents on your behalf. You can serve as your own registered agent if you have a South Dakota address.

Should I form an LLC or Corporation in South Dakota?

For most small businesses, an LLC is the better choice — simpler management, flexible taxation, and personal liability protection. Choose a Corporation if you plan to raise venture capital or go public. In South Dakota, an LLC costs $150 to file vs $150 for a Corporation.

Start a Business in Other States

Alabama LLC: $200 Alaska LLC: $250 Arizona LLC: $50 Arkansas LLC: $45 California LLC: $70 Colorado LLC: $50

View all 51 states →

Related Resources

NAICSFind Your NAICS Code for Registration GlossaryWhat Is an EIN? (Employer ID Number)GlossaryWhat Is a DBA?FeesCompare Business Bank Accounts

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