How to Form an LLC in South Dakota Yourself (2026 Costs and Steps)

Last verified against official South Dakota sources on 2026-09-15.

State filing fee: $150 online, $165 by mail
Form: Articles of Organization (Domestic Limited Liability Company)
Filed with: South Dakota Secretary of State, Division of Business Services
Processing time: Published by the state: see the guide below
Annual report: $55 (annual)
Be your own registered agent: Yes, if you meet the rules below

Quick answer

The total state cost to file online is $150 with the South Dakota Secretary of State, Division of Business Services. You can file online. Online filings are processed immediately, while new paper filings are processed within 1-3 business days on average.

Step 1: Check that your LLC name is available

Search the South Dakota Secretary of State's business name records before filing to ensure your desired name is available.

Step 2: Choose a registered agent

You may serve as your own registered agent if you are an individual who resides in South Dakota with both a physical and a mailing address in the state. The form asks for an actual street address in this state. The 'office holder' agent option does not apply to LLCs.

Step 3: File your Articles of Organization (Domestic Limited Liability Company)

Submit the Articles of Organization (Domestic Limited Liability Company) to the South Dakota Secretary of State, Division of Business Services. The filing fee is $150 if you file online. If you file by mail, the fee is $165. Online filings are processed immediately. Paper filings are processed within 1-3 business days on average.

Step 4: Create an operating agreement

Create an operating agreement to outline ownership, roles, voting procedures, and what happens if a member leaves. This document covers the internal management of your LLC.

Step 5: Get your EIN from the IRS

Get your Employer Identification Number (EIN) from the IRS for free at https://www.irs.gov/ein.

Step 6: Keep your LLC in good standing

File an Annual Report each year by the 1st day of the anniversary month of your initial filing. The fee is $55 if filed online or $70 on paper, which includes a $15 paper filing fee. You may file up to 2 months early. Reports not filed within 2 months after the due date become delinquent and incur a $55 late fee. South Dakota imposes no corporate income tax, and no LLC franchise or minimum tax appears on the Department of Revenue's business tax list.

Three ways to get it done

State fees are always extra and go straight to the state.

Free

Do it yourself

Follow this guide in South Dakota. Every fee and form comes from the state’s own pages.

Download the PDF guide

$249 + state fees

We file it for you

We prepare and file your LLC paperwork in South Dakota so you don’t have to learn the portal.

Have us file it

$1,497 + state fees

Done for you

Business in a box: the LLC plus the setup to run it, built so it doesn’t depend on you.

Book a call

This is general information, not legal or tax advice. For advice about your situation, talk to a licensed attorney or CPA.

Frequently asked questions

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

The filing fee is $150 online and $165 by mail. The total state cost to file online is $150.

When is the annual report due?

The Annual Report is due on the 1st day of the anniversary month of your initial filing each year. You may file up to 2 months early.

What happens if I miss the annual report deadline?

Reports not filed within 2 months after the due date become delinquent and incur a $55 late fee.

Can I file my LLC formation documents by mail?

Yes, you can file by mail. The filing fee is $165. New paper filings are processed within 1-3 business days on average.

Does South Dakota have an LLC franchise tax?

South Dakota imposes no corporate income tax, and no LLC franchise or minimum tax appears on the Department of Revenue's business tax list.

Sources

Official sources, last verified 2026-09-15: