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Business Entity Formation

Business entities are formed by registration with the South Dakota Secretary of State.  

Limited Liability Company

Filing a Domestic LLC (for profit company, first registered in South Dakota) is a $150 initial filing fee, $50 annual fee, and may not be submitted online. Expedited service is available for an additional fee. Expedited service is defined as completion sooner than the normal course of business upon request. The fee for expedited service is $50.

Filing a Foreign LLC (for profit company, first registered elsewhere) is a $750 initial filing fee, $50 annual fee, and may not be submitted online. Expedited service is available for an additional fee. Expedited service is defined as completion sooner than the normal course of business upon request. The fee for expedited service is $50.

Corporation

Filing a Domestic Corporation (for profit company, first registered in South Dakota) is a $150 initial filing fee, $50 annual fee, and may not be submitted online. Expedited service is available for an additional fee. Expedited service is defined as completion sooner than the normal course of business upon request. The fee for expedited service is $50.

Filing a Foreign Corporation (for profit company, first registered elsewhere) is a $750 initial filing fee, $50 annual fee, and may not be submitted online. Expedited service is available for an additional fee. Expedited service is defined as completion sooner than the normal course of business upon request. The fee for expedited service is $50.

Sole Proprietor

A sole proprietor business does not require registration with the state.

DBA (Doing Business As) or Fictitious Business Name

South Dakota allows individuals and businesses to register a fictitious business name. This process is administered at the State level. For more information on DBAs in South Dakota visit this website.

Business Licenses

Business licenses in South Dakota are issued through the state. Local cities and agencies also may have certain licensing requirements that you may need to inquire about. For more information on business licenses in South Dakota visit their website.  

Professional Licenses

There are a number of professions that require a state license in South Dakota. For more information on professional licenses, visit this website.  

State Income Tax

South Dakota does have a state income tax for individuals. South Dakota does have a state income tax for corporations. Visit this website for more information on business income taxes in South Dakota.

South Dakota does not have a franchise tax for corporations.

State Sales Tax

South Dakota does have a state sales tax. Visit this website for more information on sales taxes in South Dakota. Apply for an South Dakota sales tax permit here.  

Employer Assistance

The state of South Dakota administers labor and employment issues through the South Dakota Department of Labor.

Unemployment Insurance

Unemployment insurance information for employers in South Dakota is available at this website.  

Unemployment insurance information for workers in South Dakota is available at this location.

Workers' Compensation

Information for employers in South Dakota regarding Worker's Compensation is available from the South Dakota Workers Compensation website.  

Occupational Health & Safety

South Dakota provides Occupational Health & Safety support through South Dakota State University OSHA Consultation Program. Visit their website. Employers in South Dakota who need assistance in identifying and correcting safety and health hazards in their workplaces can call upon a free, on-site consultation service.

Resources for Starting a Business in South Dakota