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South Dakota · 2026 · 38 steps · official links

How to start a business in South Dakota

Every step to open an LLC in South Dakota and get ready to hire, in order, with the official state page for each one. Agencies you'll deal with: Secretary of State · Department of Revenue · Department of Labor and Regulation (Reemployment Assistance, Wage and Hour, Workers' Compensation).

LLC filing fee
$150 online ($165 paper)
State sales tax
4.2%
Seller's permit
Free
Out-of-state sales threshold
$100,000
Last verified
October 27, 2026

This is the most common path: a new LLC, general business, paying W-2 employees and 1099 contractors. Adding a location, forming a corporation, or in a licensed industry? Customize it and check off steps as you go.

Customize this checklist

Popular South Dakota business types:

Step 1

Set up the business with the state

Do this first. The state tax and payroll accounts ask for your registration details.

Get a federal EIN

Apply free on the IRS website and get the number immediately. You'll need it for the state tax registration, a business bank account, and payroll. Opening a new location? You already have one; the same EIN works in every state.

FederalFreeIRS: Get an EIN

Sign an operating agreement

This internal document sets out who owns what, how decisions get made, and what happens if an owner leaves. It isn't filed with the state, but banks often ask for it, and it helps protect your liability shield. Single-owner LLCs need one too.

Every state

Open a business bank account

Bring your EIN letter, filed formation documents, and operating agreement or bylaws. Keeping business and personal money separate is one of the main things that protects your personal assets.

Every state

Check industry licenses and permits

Many businesses need a license or permit before opening, separate from registering the company. Check three levels: the state licensing board for your field, your city or county, and any federal agency that regulates your industry.

  • Trades and construction: general contractors, electricians, plumbers, HVAC and roofers usually need a state or local license, and often a bond
  • Personal services: salons, barbers, nail and esthetics shops need a shop license plus licensed staff; massage and tattoo studios are licensed too
  • Professional services: accounting, engineering, architecture, law, real estate and insurance require state licenses for the people and sometimes the firm
  • Child care, elder care and home care need a state facility or agency license and background checks
  • Retail with restricted products: alcohol, tobacco and vape, cannabis, firearms (federal FFL), pawn and secondhand dealers
  • Auto, transport and logistics: auto dealers and repair shops, towing, movers, and trucks that need a USDOT number
  • Money and finance: lenders, mortgage brokers, debt collectors and money transmitters are licensed by the state, often through NMLS
  • Local permits for almost everyone: city business license or tax registration, zoning or home occupation permit, sign permit and fire inspection

Decide on S corp tax treatment (optional)

If you want S corp taxation, file IRS Form 2553. The deadline is tight: generally within 2 months and 15 days after the start of the tax year you want it to apply. See Business basics for when it makes sense.

Form your LLC with the state

File Articles of Organization (or the state's equivalent) online through SOS Enterprise online filing (sosenterprise.sd.gov).

SD$150 online ($165 paper)South Dakota: Forming an LLC

Name a South Dakota registered agent

You need a registered agent with a street address in South Dakota to receive legal papers and state notices. Use a registered agent service if you have no one local.

SD

Register a trade name (DBA) if you use a different name

DBAs (fictitious business names) are filed online with the Secretary of State.

SDIf it applies$10

Know South Dakota's formation rules

Foreign registration is expensive here ($750 online), so out-of-state companies should budget for it.

SD
Step 2

Register for state taxes

Register with Department of Revenue

South Dakota has no personal income tax, so there is no state withholding account. If you sell taxable goods or services, apply for a sales tax license with the Department of Revenue's online Tax License Application.

  • South Dakota has no personal income tax on wages, so there's no state withholding
  • State sales and use tax is 4.2%, and many services are taxable. Cities may add municipal sales tax, also reported to the Department of Revenue.

Check local taxes and business licenses

Cities may levy municipal sales and use taxes collected through the Department of Revenue. No local income or payroll taxes confirmed.

SD
Step 5

Collect sales tax

Applies if you sell products, or services this state taxes. Most medical care is exempt. See Business basics for sales tax.

Register to collect sales tax

South Dakota calls it a Sales Tax License. Register with the South Dakota Department of Revenue through Tax License Application (online) before you make your first taxable sale in South Dakota. You'll collect tax from customers and send it to the state.

  • State rate: 4.2%
  • Local taxes: Cities add a 1% to 2% municipal sales tax, and some also charge a 1% municipal gross receipts tax. City rates change only on January 1 and July 1.
  • Most services are taxed, unless a specific exemption applies. Products transferred electronically, like downloads, are also taxed.

Buy items you resell tax-free with a resale certificate

Give your supplier South Dakota Exemption Certificate so you don't pay tax on inventory you'll resell. Certificates do not expire unless the buyer's information changes; the state suggests updating them every 3 to 4 years. Keep certificates your own customers give you, too.

  • Accepts the Streamlined Sales Tax multistate certificate
  • Accepts the MTC Uniform Sales and Use Tax Resale Certificate

Selling into South Dakota from another state? Watch the threshold

Out-of-state sellers must register once sales into South Dakota pass $100,000 (previous or current calendar year), even with no office here.

  • Gross sales count, including services and products delivered electronically. The 200-transaction test was repealed effective July 1, 2023.
  • Marketplace providers such as Amazon and Etsy must collect once they have more than $100,000 in South Dakota sales, or when they facilitate sales for a seller who meets the remote seller test.

Note this South Dakota sales tax rule

The 4.2% state rate is a temporary cut that expires June 30, 2027, so the state rate returns to 4.5% on July 1, 2027.

SD
Step 6

Before your first payroll

Applies once you pay W-2 employees who work in this state.

Complete Form I-9 and W-4 for each hire

Form I-9 is never mailed to the government. You keep it in your own files and show it only if ICE or the Department of Labor asks for an inspection.

  • The employee completes Section 1 by their first day of work
  • You review their original documents and complete Section 2 within 3 business days of the start date
  • Keep it for 3 years after the hire date or 1 year after employment ends, whichever is later
  • Store I-9s together, separate from personnel files, so an inspection doesn't expose other records
  • Remote hire? Have an authorized representative check documents in person, or, if you use E-Verify, use the DHS remote video inspection option
  • Also collect a federal W-4 for withholding

Post federal workplace notices

Federal posters (minimum wage, EEO, FMLA if you have 50+ employees, and others) go alongside the state ones.

Register for unemployment insurance with Department of Labor and Regulation (Reemployment Assistance)

Register once you pay wages to employees working in South Dakota. Reports and payments are usually quarterly.

  • 2026 new employer rate: 1.2% in year 1 and 1.0% in years 2 and 3 (non-construction), plus a 0.55% fee; construction new employers pay 6.0% then 3.0%
  • Taxable wage base: $15,000
  • South Dakota calls unemployment insurance Reemployment Assistance (RA). Register online through the DLR Employer Menu and get your account number and rate right away. Wages are reported quarterly.

Buy workers' compensation insurance

Required at Not required by law for any employer. South Dakota does not require workers' comp, but DLR strongly recommends it. An uninsured employer can be sued in civil court by an injured worker. Coverage is bought from private insurers or by approved self-insurance.

Report each new hire

Report new hires and rehires not paid in the past 30 days, within 20 days of the first day of work.

Check income tax reciprocity

No state income tax, so no reciprocity agreements are needed.

SD

Follow South Dakota pay timing rules

South Dakota's wage payment rules:

  • Pay frequency: At least once each calendar month, or on regular paydays set in advance.
  • Final pay: Fired or quit: by the next regular payday, or once the employee returns company property.
  • Overtime: No state overtime law confirmed; federal rule applies (over 40 hours per week).
  • Exemptions from state minimum wage include seasonal amusement or recreation businesses, babysitters, and outside salespeople.

Pay at least South Dakota minimum wage

$11.85 an hour.

  • Tipped employees: $5.925 cash wage (tip credit allowed)
  • Coming up: $12.30 on Jan 1, 2027 ($6.15 tipped cash wage). Adjusted every year for inflation.

Paid sick leave: no general state requirement

No state paid sick leave law for private employers.

SDIf it applies

Retirement plan: no state mandate

No state retirement savings program or mandate for private employers.

SDIf it applies

Adopt a harassment policy (training recommended)

South Dakota doesn't require harassment training for private employers. A written policy and a yearly refresher are still best practice.

SDIf it applies

Post South Dakota workplace notices

Display the state's required labor law posters where employees can see them, along with the federal posters. Workers' comp notices come from your carrier.

Raise pay for the 2027 minimum wage

South Dakota's minimum wage rises from $11.85 to $12.30 on January 1, 2027. The tipped cash wage rises to $6.15.

Decide on workers' comp coverage

Workers' comp is optional in South Dakota, but without it an injured employee can sue you directly. Most employers buy a policy or self-insure.

Give the Reemployment Assistance notice at separation

When a worker leaves, give them the Reemployment Assistance Employee Notification individually. You must also post a safety-on-the-job notice.

Step 7

Paying 1099 contractors

Collect a W-9 before the first payment

The W-9 gives you the contractor's legal name and tax ID for their 1099. Check the classification first: if you control how and when they work, they may legally be an employee.

Send Form 1099-NEC to contractors

File with the IRS and send the contractor a copy by January 31. For payments made in 2026 and later, the reporting threshold is $2,000 per contractor per year (it was $600 before).

FederalDue Jan 31
Step 8

Stay in good standing

Recurring deadlines. Put these on your calendar now.

Skip the FinCEN BOI report (U.S. companies are exempt)

FinCEN's final rule, effective August 14, 2026, permanently exempts companies formed in the U.S. from beneficial ownership reporting. Ignore letters or emails demanding a BOI filing fee; they're a common scam. Only companies formed outside the U.S. still file.

Pick your annual report date for 2027

A 2026 law (HB 1102, signed March 12, 2026) lets entities file annual reports in their anniversary month or by January 31, starting January 1, 2027. You can switch dates with a change-of-filing-date form if in good standing.

File the Annual Report

Keeps your business in good standing with the state. Missing it can lead to penalties or dissolution.

SDCurrently due each year based on your formation anniversary (exact current deadline not confirmed). Starting January 1, 2027, entities choose either their anniversary month or January 31 each year.$55 online ($70 paper); $55 extra if lateSouth Dakota: Annual report

Know your state business taxes

No state corporate or personal income tax, so no state entity income or franchise tax return.

SD

File quarterly unemployment reports and withholding returns

File unemployment wage reports each quarter and state withholding returns on the schedule you're assigned (if the state has income tax), plus the annual W-2 reconciliation.

SDQuarterly

File sales tax returns on time

Returns are due the 20th of the month after the period, and electronic payments are due the 25th; the state assigns monthly or less frequent filing. File a zero return if you had no sales; skipping it can bring penalties.

SD

Deadline calendar

Recurring dates for South Dakota and federal filings. A payroll service handles most payroll lines, but you should know they're happening.

WhenWhatFiled with
Jan 1Inflation-adjusted minimum wage takes effect ($12.30 in 2027)South Dakota
QuarterlyFile Reemployment Assistance wage report and pay taxSouth Dakota
Anniversary month (or Jan 31 from 2027 if chosen)File Secretary of State annual reportSouth Dakota
Assigned scheduleSales tax return (file a zero return if no sales)South Dakota
Jan 31W-2s to employees and SSA (with W-3); Form 940; 4th-quarter Form 941IRS / SSA
Jan 311099-NEC to contractors and IRSIRS
15th monthlyFederal payroll tax deposit (monthly depositors)IRS
Apr 30 · Jul 31 · Oct 31Form 941 for the quarterIRS
Jul 31Form 5500 or 5500-SF, if you sponsor a 401(k) (Oct 15 with Form 5558 extension)DOL (EFAST2)

Last verified: October 27, 2026

Common questions

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

The South Dakota state filing fee for an LLC is $150 online ($165 paper). That's the fee to form your LLC with the state. Expect other costs too, such as a registered agent service if you use one, licenses, and annual filings. See the checklist above for each step.

Do I need a seller's permit in South Dakota?

You need to register to collect sales tax in South Dakota if you sell taxable products or services there. The state rate is 4.2%, and local taxes may add to it. Registration cost: Free.

When does an out-of-state business have to collect South Dakota sales tax?

Out-of-state sellers must register once their sales into South Dakota pass $100,000 a year. Having an employee or office in South Dakota also creates nexus right away.

What does a South Dakota business have to file after it opens?

Recurring filings include: file the Annual Report; file quarterly unemployment reports and withholding returns; file sales tax returns on time. The deadline calendar above lists the dates.

Checklists for every state

This guide organizes official requirements. It isn't legal or tax advice. Fees, forms, and deadlines change, so confirm on each linked state page before you file, and talk to an attorney or CPA about your specific situation.