Start a Business in South Dakota

Incorporation Service

Your specialist works with you 1-on-1 to form your LLC, corporation, or other business structure. We prepare and file most formations in just one business day!

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This guide on starting your business in South Dakota provides step-by-step instructions on the paperwork to file formation documents, obtain tax IDs, and set up company records.

how to start a business

Step-By-Step Startup

Below is an overview of the paperwork, cost, and time to form each of the most popular business structures. Simply click on the link for your desired structure to view detailed step-by-step instructions.

  • If you have not decided whether you want to form an LLC, corporation, or other business structure, click here.
  • If wish to form your business in a different state than South Dakota, click here.
Structure Paperwork Cost Time

South Dakota Limited Liability Company

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  • Articles of Incorporation Domestic Limited Liability Company
  • Operating Agreement
  • IRS Form SS-4: Obtain an EIN
  • South Dakota Tax License Application
  • Formation: $150 + optional $50 expedite fee
  • Formation: ~3-5 business days. Expedited service is available for a $50 fee and is defined as completion sooner than the normal course of business upon request.

South Dakota Corporation

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  • Articles of Incorporation Domestic Business Corporation
  • Bylaws
  • IRS Form SS-4: Obtain an EIN
  • Form 2553: S-Corp Election, if desired
  • South Dakota Tax License Application
  • Incorporation: $150 + optional $50 expedite fee
  • Incorporation: ~3-5 business days. Expedited service is defined as completion sooner than the normal course of business upon request.

South Dakota Nonprofit

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  • Articles of Incorporation Domestic Non-Profit Corporation
  • Bylaws
  • IRS Form SS-4: Obtain an EIN
  • IRS Form 1023: 501(c) Tax Exempt Application
  • IRS Determination Letter
  • South Dakota Tax License Application (online), if required
  • Form SD EForm-1932-V10: South Dakota Streamlined Sales Tax Agreement Certificate of Exemption
  • URS Charitable Registration, if applicable
  • Incorporation: $30 + optional $50 expedite fee
  • 501(c): $275 or $600 IRS fee
  • South Dakota Tax License Application: varies based on taxes/licenses/permits required
  • Incorporation: ~3-5 business days. Expedited service is available for a $50 fee and is defined as completion sooner than the normal course of business upon request.
  • 501(c): 2 weeks to 3 months

Top 5 Tips on Registering a Business in South Dakota

  1. HAIL TO FEW TAXES! South Dakota does not have a corporate, unitary, or personal income tax. However, businesses may be subject to one or more other state taxes. You can use the South Dakota Tax Application to apply for the following tax licenses: Contractors' Excise, Manufacturer, Sales, Use, Wholesaler, and all Motor Fuel tax types.
  2. Expedited service with the South Dakota Secretary of State is kind of hilarious. They define it as simply "completion sooner than the normal course of business upon request". So... you can pay the $50 expedite fee, but don't receive any guarantee about when your formation will be processed. Our experience is that without expediting, your formation will be processed in 3-5 business days.
  3. Corporations and LLCs must file annual reports with the South Dakota Secretary of State. A postcard is mailed from the South Dakota Secretary of State to your registered agent. The postcard contains your corporate ID and authentication key to file online.
  4. Your business’s registered agent accepts service of process and other legal documents served on the business. Registered agent, resident agent, and statutory agent are used synonymously in South Dakota. You will need to list a registered agent name and address on your SD Secretary of State filings.
  5. Remember to include a corporate designator as part of your business name. A corporate suffix is required in South Dakota.

Incorporation Service

Your specialist works with you 1-on-1 to form your LLC, corporation, or other business structure. We prepare and file most formations in just one business day!

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