Cost of Starting an LLC in South Dakota 2024: A Comprehensive Guide

Cost of Starting an LLC in South Dakota

Embark on your exciting entrepreneurial journey in South Dakota with confidence, as our comprehensive guide helps you navigate the LLC world. Discover the costs of starting an LLC in South Dakota, and determine if this flexible business structure aligns with your company’s goals and needs.

LLCBase supports you every step of the way, covering everything from initial setup fees to ongoing expenses. Dive into the dynamic world of South Dakota LLCs and make informed decisions that make your business successful. Unleash the full potential of your South Dakota LLC and soar to new heights!

Let’s explore the costs of starting an LLC in South Dakota together! We’ve broken them down into initial costs, annual costs, and any extra expenses you may need to consider. Happy planning!

Initial Costs of Forming an LLC in South Dakota

Are you curious about the initial costs of forming an LLC in South Dakota? Check out the list below for a breakdown of expenses to get your business up and running!

1. Secretary of State Filing Fee

To form an LLC in South Dakota, you must file Articles of Organization with the South Dakota Secretary of State. The regular filing fee is $165 (by mail and $150 online); if you need expedited processing, it will cost an additional fee.

South Dakota Domestic LLC
  • Online Filing: $165 (by mail and $150 online) + No franchise tax Franchise Tax.
  • Filing Statement of Information within 1 year (first day of the anniversary month) of registration: $50.
  • By Mail: Complete the application form and mail it to Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501. This costs $165 (by mail and $150 online) + Not available for counter drop off (non-refundable).
South Dakota Foreign LLC
  • Online Filing: $165 (by mail and $150 online) + No franchise tax Franchise Tax.
  • Filing Statement of Information within 1 year (first day of the anniversary month) of registration: $50.
  • By Mail: Complete the application form and mail it to Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501. This costs $165 (by mail and $150 online).

2. Name Reservation Fee

If you want to reserve your desired LLC name before filing the Articles of Organization, you can do so for a Not available (online) and $25 (offline) fee. The name reservation is valid for 120 days, giving you ample time to prepare and submit your Articles of Organization. To reserve a name, you must submit a Name Reservation Request form to the Secretary of State by mail or in person, along with the required fee.

3. Registered Agent Fee

South Dakota requires all LLCs to have Registered Agent for the service of process. Registered Agent services typically cost between $50 – $150 per year, depending on the provider. Some popular Registered Agent service providers in South Dakota include Northwest Registered Agent, LegalZoom, and Incfile. Besides the annual fee, these providers offer additional services such as mail forwarding and compliance notifications.

4. Business Licenses and Permits

Depending on your business type and location, you may need to obtain various licenses and permits in South Dakota. The costs for these can vary widely, so it’s essential to research your specific business requirements. To identify the licenses and permits applicable to your business, you can use the South Dakota Business Licensing (https://sdlegislature.gov/Rules/Agency/20) website.

5. Operating Agreement

Although not required by law, having an operating agreement for your South Dakota LLC is a good idea. You can draft one yourself or enlist the help of an attorney, which can cost anywhere from $1,000 or more. The operating agreement outlines your LLC’s ownership structure, management, and procedures. It can help prevent member disputes and provide clear decision-making and profit distribution guidelines.

6. Employer Identification Number (EIN)

Most LLCs need an EIN for tax purposes, bank account opening, and hiring employees. You can obtain an EIN in South Dakota for free from the Internal Revenue Service (IRS) by submitting an online application or mailing Form SS-4. The online application is the fastest method; you will receive your EIN immediately upon completion. If you choose to mail the form, the processing time can take up to four weeks.

Starting an LLC in South Dakota involves certain costs, making selecting the right support for a smooth experience crucial. The best LLC formation services in South Dakota offer expert assistance in comprehending, managing, and reducing expenses. Not only do these services simplify the setup process, but they also help identify solutions tailored to your unique needs. Consequently, your new LLC builds a solid foundation, optimally utilizing available resources and budget in South Dakota.

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Annual Costs of Maintaining an LLC in South Dakota

Wondering about the yearly expenses for sustaining an LLC in South Dakota? Peruse the list below to discover the costs of keeping your business compliant and thriving!

1. Annual Franchise Tax

All South Dakota LLCs are required to pay an annual franchise tax of No franchise tax, regardless of income or activity. This tax is due on the Not applicable in South Dakota. It’s important to note that newly formed LLCs are not exempt from this tax and must pay the No franchise tax fee for their first year of operation. You can pay the franchise tax online through the South Dakota Department of Revenue website or by mailing a payment voucher.

2. Annual Report

South Dakota LLCs must file an annual report with the South Dakota Secretary of State every the first day of the second month following the LLC’s tax closing month. The filing fee is $50. The Statement of Information is due within 1 year (first day of the anniversary month) of the initial filing of the Articles of Organization and then every the first day of the second month following the LLC’s tax closing month during the anniversary month. The Statement of Information form can be submitted online or by mail.

3. Registered Agent Fee

As mentioned earlier, LLCs in South Dakota must maintain Registered Agent with an annual fee. This fee typically ranges from $50 – $150 per year, depending on the provider. When choosing Registered Agent, consider additional services offered, reputation, and customer support.

4. Business License and Permit Renewals

Depending on your business and location, you may need to renew licenses and permits periodically, which can incur additional fees. It’s essential to stay up-to-date on the renewal requirements and fees for your specific business licenses and permits to maintain compliance and avoid penalties. You can use resources like the South Dakota Business Licensing (https://sdlegislature.gov/Rules/Agency/20) website and your local city or county government websites for information on renewal requirements and fees.

Recommended: Effortlessly manage your LLC’s annual expenses and obligations in South Dakota – choose a reliable LLC Formation Service to simplify the maintenance process. Focus on growing your business today! We recommend –

Our #1 Pick: LegalZoom – ($0 + State Fees) Online LLC Setup

Additional Costs to Consider for Your South Dakota LLC

Ready to explore the extra expenses you may encounter with your South Dakota LLC? Browse the list below to be well-prepared, ensuring your business flourishes without surprises!

1. Tax Preparation and Accounting Services

Depending on the complexity of your business finances, you may need to hire a tax professional or accountant, which can cost anywhere from $100 to $1,000 or more per year. The cost of these services typically depends on factors such as the accountant’s experience, the size of your business, and the level of service required. To find a suitable tax professional or accountant, consider seeking recommendations from other business owners or using professional organization directories, such as the American Institute of Certified Public Accountants (AICPA).

2. Legal Services

Enlisting the help of an attorney for legal advice or to draft contracts can add to your LLC’s expenses. Attorney fees can range from $150 to $500 per hour or more, depending on the attorney’s experience and location. To save on legal costs, consider using online legal services, which offer legal document templates and attorney consultations at a fraction of the cost of traditional legal services.

3. Business Insurance

Depending on your industry and business activities, you may need various types of insurance, such as general liability, professional liability, or workers’ compensation. The insurance cost can vary widely based on factors like the size of your business, the amount of coverage needed, and the level of risk associated with your industry. For example, a small consulting business may pay around $500 annually for general liability insurance, while a construction company may pay several thousand dollars annually. To find the best insurance rates, consider getting quotes from multiple insurance providers and working with an insurance agent specializing in your industry.

4. Office Space and Utilities

Depending on your business, you may need to rent office space, which can add to your monthly expenses. The cost of office space in South Dakota can vary greatly depending on location, size, and amenities. Remember that in addition to rent, you’ll also need to cover utilities, such as electricity, water, and internet service, which can add several hundred dollars per month to your expenses.

5. Marketing and Advertising

To grow your business, you’ll likely need to invest in marketing and advertising, which can vary widely in cost depending on your strategy. Other marketing expenses may include social media advertising, email marketing, and print materials like business cards and brochures. To maximize your marketing budget, consider researching low-cost or free marketing strategies, such as social media engagement, content marketing, and networking events.

How to Save on South Dakota LLC Costs

Looking for ways to save on your South Dakota LLC costs? Check out the strategies below to keep expenses in check and ensure your business thrives!

1. Do-It-Yourself (DIY) Formation

You can save on professional fees by handling the LLC formation process yourself. You can file the Articles of Organization, obtain an EIN, and draft an operating agreement by researching the necessary steps and required documents. The South Dakota Secretary of State‘s website provides detailed information on forming an LLC, and the IRS website allows you to apply for an EIN online at no cost.

2. Utilize Online Resources

Many free or low-cost resources are available online to help with various aspects of your business, such as drafting an operating agreement or creating a marketing plan. For example, websites like SCORE and the U.S. Small Business Administration (SBA) offer free business templates, guides, and resources. Additionally, you can find low-cost marketing tools and platforms like Canva for designing marketing materials or Mailchimp for email marketing campaigns.

3. Shop For Professional Services

We recommend exploring various providers, including LegalZoom, for services such as Registered Agents and legal assistance to find the best value. By comparing rates and service offerings, you can ensure you obtain the most cost-effective solution for your business needs. Don’t hesitate to negotiate prices or inquire about discounts, as numerous providers are often willing to work with you to win your business.

4. Bundle Services

Some companies offer packages for LLC formation, Registered Agent services, and other business essentials, potentially saving you money. By bundling these services, you may save on individual service costs and streamline setting up and maintaining your South Dakota LLC. However, carefully compare bundled packages to ensure they include the services you need and offer true cost savings compared to purchasing services individually.

FAQs

What is an LLC?
LLC stands for Limited Liability Company. It is a business structure that provides personal liability protection for its owners while maintaining a flexible management structure.
What is the cost of starting an LLC in South Dakota?
The cost to start an LLC in South Dakota is $150.
Can I complete the formation of my LLC online in South Dakota?
Yes, South Dakota allows individuals to register their LLC online using their Business Service Center.
Does South Dakota require an annual report from LLCs?
Yes, South Dakota requires LLCs to file an annual report with a $50 fee.
Must I put my name in the LLC name to register in South Dakota?
No, South Dakota allows LLC owners to choose a business name that does not include their name.
Can a non-US Citizen form an LLC in South Dakota?
Yes, a non-US Citizen can form an LLC in South Dakota.
Is it mandatory to have an operating agreement to register an LLC in South Dakota?
No, it is not necessary to have an operating agreement to register an LLC in South Dakota.
How long does it take to register an LLC in South Dakota?
Typically, it takes between 3 and 10 business days to register an LLC in South Dakota.
Can I start an LLC in South Dakota if I live in another state?
Yes, you can start an LLC in South Dakota even if you are not a resident of the state.
Are there any South Dakota residency requirements to create an LLC in the state?
No, there are no South Dakota residency requirements to create an LLC in the state.
What are the tax obligations for an LLC doing business in South Dakota?
LLCs operating in South Dakota must file both state and federal taxes.
What are the compliance requirements for an LLC operating in South Dakota?
Companies operating in South Dakota must file an annual report and renew their business license every year.
What business licenses and permits are necessary to start an LLC in South Dakota?
The licenses and permits required to start an LLC in South Dakota will depend on what type of business you plan to operate.
Is federal tax ID number necessary to start an LLC in South Dakota?
A federal tax ID number, or EIN, is not required to start an LLC in South Dakota; however, obtaining one is important for most LLCs.
What is the process if someone wants to close an LLC in South Dakota?
LLC owners can close their businesses in South Dakota by submitting the necessary forms to the Secretary of State’s office.
What is the statute of limitations for a lawsuit against an LLC in South Dakota?
The statute of limitations for lawsuits against LLCs in South Dakota is 2 years.
Can I elect to be taxed as an S-Corporation in South Dakota?
Yes, LLCs in South Dakota can elect to be taxed as an S-Corporation.
Is South Dakota a good location for entrepreneurs looking to register an LLC?
South Dakota is well-known for its highly favorable tax policies, making it a favorable location to launch most any business or LLC.
How do I register my LLC in South Dakota?
You can register your LLC in South Dakota on the state’s Business Service Center’s official website.
What are the benefits of registering an LLC in South Dakota?
South Dakota offers benefits such as low business taxes, easier management practices, and some of the most affordable renewal fees around in comparison with other states across the US.
What is the duration of LLC in South Dakota?
To prevent automatic dissolution, South Dakota LLCs need to file a paperwork ten years following their formation date and after every 10 years from then on.
Does South Dakota have an excise tax?
No, South Dakota does not levy excise tax on non-essential services or goods.
Does South Dakota require general liability insurance for an LLC?
No, general liability insurance is not required for an LLC to operate in South Dakota.
How many people are required to start an LLC in South Dakota?
Only one person is necessary to form an LLC in South Dakota.
What are the fees associated with starting an LLC in South Dakota?
The South Dakota Articles of Organization file fee is $150.
Is legal aid needed for registering an LLC in South Dakota?
No attorney is required to register an LLC in South Dakota.
Are the names of the officers of an LLC public record in South Dakota?
Yes, the officer’s name of an LLC in South Dakota is public as a matter of record and yet some members might privative that information.
What is the process for changing the name of an LLC in South Dakota?
An LLC can change its name in South Dakota by amending the articles of organization with the state.
Can a registered agent be an out of state resident in South Dakota?
Yes, a registered agent can be an out-of-state resident in South Dakota with an in-state registered address.
Do I need a registered agent for my South Dakota LLC?
Yes, every LLC formed in South Dakota must have a registered agent.
Can I be my own registered agent in South Dakota?
Yes, you can be your own registered agent for your South Dakota LLC.
What is the annual report fee for a South Dakota LLC?
The annual report fee for a South Dakota LLC is $50.
Is there a publication requirement for South Dakota LLCs?
No, there is not a publication requirement for South Dakota LLCs.
Can I form an LLC in South Dakota if I don’t live there?
Yes, you can form an LLC in South Dakota even if you don’t live there.
Is there a maximum number of members allowed for an LLC in South Dakota?
No, there is no maximum number of members for an LLC in South Dakota.
How long does it take to file for an LLC in South Dakota?
It typically takes 5-7 business days for your LLC to be processed and approved by the state of South Dakota.
What is the filing fee for a South Dakota LLC?
The filing fee for a South Dakota LLC is $150.
Can I file for expedited processing for my South Dakota LLC?
Yes, you can expedite your South Dakota LLC filing for an additional fee of $50.
How often do I need to renew my South Dakota LLC?
Your South Dakota LLC must renew its articles of organization every year.
What taxes do LLCs in South Dakota pay?
LLCs in South Dakota are not taxed at the entity level. Instead, income is passed through to the members’ personal tax returns.
How much does it cost to change the name of a South Dakota LLC?
It costs $25 to file a name change amendment for a South Dakota LLC.
Are operating agreements required for South Dakota LLCs?
No, operating agreements are not required for South Dakota LLCs, but they are highly recommended to establish company policies and outline member responsibilities.
When is my South Dakota LLC officially formed?
Your South Dakota LLC is officially formed when the Articles of Organization are approved and filed with the South Dakota Secretary of State.
How do I choose a name for my South Dakota LLC?
Your South Dakota LLC name can’t be identical or too similar to any other South Dakota business. It should also include an LLC or other designator at the end.
Can I reserve a name for my South Dakota LLC before filing?
Yes, you can reserve a name for 120 days before filing the Articles of Organization for your South Dakota LLC for a fee of $25.
Does South Dakota require LLCs to have insurance?
South Dakota doesn’t require LLCs to have general liability or other types of insurance, but it is recommended to protect against lawsuits and property damage.
Can I add members to my South Dakota LLC at any time?
Yes, you can add or remove members to your South Dakota LLC at any time by amending the Articles of Organization.
What is a South Dakota series LLC?
A series LLC is a special type of LLC in South Dakota that allows you to create separate business entities within a single LLC structure.
How much does it cost to dissolve my South Dakota LLC?
It costs $10 to file a certificate of dissolution for a South Dakota LLC.
What is the difference between a domestic and a foreign LLC in South Dakota?
A domestic LLC is one formed in South Dakota while a foreign LLC is one formed in another state but registered to do business in South Dakota.
How do I register my out-of-state LLC in South Dakota?
To register an out-of-state LLC in South Dakota, you need to file an Application for Certificate of Authority with the South Dakota Secretary of State.
What is a South Dakota professional LLC?
A South Dakota professional LLC is a special type of LLC reserved for licensed professionals including doctors, lawyers, and accountants, who are prohibited from forming traditional LLCs.
Can I convert an existing business into a South Dakota LLC?
Yes, you can convert an existing business structure such as a sole proprietorship or partnership into an LLC by filing Articles of Organization with the South Dakota Secretary of State.
What are the annual report deadline and requirements for South Dakota LLCs?
South Dakota LLCs must file an annual report by the first day of the second month following their anniversary date. The report must include the business’s name, registered agent name and address, principal office, and members’ or managers’ names and addresses.
What is the penalty for not filing an annual report in South Dakota?
The penalty for not filing your South Dakota LLC’s annual report is $50 plus interest.
Can I register for taxes for my South Dakota LLC online?
Yes, you can register for taxes for your South Dakota LLC online through the South Dakota Department of Revenue and Regulation.

Also Read

How to Save Money While Starting Your Business LLC in South Dakota

One of the first steps in starting your business as an LLC in South Dakota is to carefully consider your business structure. Choosing to operate as an LLC offers several benefits, including limited personal liability and pass-through taxation. While it may cost more upfront to register your business as an LLC compared to operating as a sole proprietorship or partnership, the long-term financial and legal protections can be worth the investment.

When it comes to registering your LLC in South Dakota, there are ways to save money. Rather than hiring an expensive business attorney to assist with the registration process, you can file the necessary paperwork yourself online through the Secretary of State’s website. By taking the time to research the registration process and familiarize yourself with the required forms, you can avoid unnecessary legal fees and expenses.

Another way to save money while starting your business in South Dakota is to carefully plan your budget and expenses. Before making any major purchases or investments, it is important to create a detailed business plan that outlines your financial goals and projections. By setting a budget and sticking to it, you can avoid overspending and ensure that your business remains financially stable.

When it comes to purchasing equipment and supplies for your business, consider shopping around for the best deals. Rather than buying brand new equipment at retail prices, explore other options such as buying used equipment or leasing equipment on a temporary basis. Additionally, consider reaching out to other local businesses or networking groups to see if there are any potential partnerships or collaborations that could save you money on bulk orders or joint purchases.

In addition to carefully monitoring your expenses, it is important to take advantage of any available resources and incentives for small businesses in South Dakota. Many local and state government agencies offer programs and grants to help new businesses get off the ground. By researching and applying for these resources, you can potentially save money on everything from marketing and advertising to employee training and development.

Finally, consider leveraging the power of technology to save money and streamline your business operations. From using cloud-based software for bookkeeping and invoicing to utilizing social media and digital marketing for advertising, there are countless online tools and resources that can help you save both time and money. By investing in technology and staying abreast of industry trends, you can position your business for success without breaking the bank.

Starting a business in South Dakota as an LLC can be a challenging but ultimately rewarding experience. By carefully planning your budget, researching cost-saving strategies, and taking advantage of available resources, you can save money and set your business up for long-term success. With a combination of financial discipline, strategic planning, and creative solutions, you can navigate the hurdles of starting a business while mitigating unnecessary expenses.

Conclusion

Forming and maintaining an LLC in South Dakota comes with various costs, from initial filing fees to ongoing franchise taxes and Registered Agent fees. However, you can successfully establish and operate your South Dakota LLC by understanding these expenses and finding ways to save on costs. We hope this guide has provided you with the information you need to decide to form an LLC in South Dakota. Visit LLCBase for more information about starting an LLC in South Dakota. We wish you the best of luck on your entrepreneurial journey.

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