Business

Forming an LLC in South Dakota — Hispanic entrepreneur guide

How to form an LLC in South Dakota: formation $150 online or $165 by paper, annual report $55 online or $70 by paper.

Flag: xrmap · Public domain · via Wikimedia Commons

The South Dakota State Capitol in Pierre.

Image: Runner1928 · CC BY-SA 4.0 · via Wikimedia Commons

Forming an LLC in South Dakota

Why South Dakota

No state income tax
Acepta ITIN

Key facts

Item	Information
Formation fee	$150 online / $165 by paper
Annual fee	$55 online / $70 by paper (annual report)
Accepts ITIN	✅ Yes
Registered Agent	✅ Required

Process

Unique name + “LLC”
Registered Agent in South Dakota
Articles of Organization ($150 online / $165 by paper)
Operating Agreement (internal)
EIN from IRS (free)
Business bank account

Official platform: South Dakota Secretary of State

Last verified: 2026-09-02.

State services and resources in South Dakota

Where to register your LLC in South Dakota

The South Dakota Secretary of State, Business Services handles LLC registrations. Generally accepts filings:

Online (fastest)
By mail
In person, where the office offers it

The steps that are the same in every state — EIN, business bank account, annual report, estimated taxes, ITIN ownership and the common errors — are maintained once, on the LLC formation hub.

South Dakota-specific resources

South Dakota Secretary of State, Business Services — LLC filings and business search
South Dakota Department of Revenue — state business taxes
SCORE (Service Corps of Retired Executives) — free small business mentoring
SBA (Small Business Administration) — free counseling via SCORE and SBDC, open to everyone. ⚠️ SBA loans (7(a), 504, microloans) are closed to non-citizen owners since March/April 2026 — including green-card holders. See who can still use each SBA program and the CDFI lenders that do accept an ITIN.

Last verified: 2026-09-02.

General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.

ITIN — file business taxes without SSN — ITIN holders can form and operate LLCs
ITIN-friendly business banking — checking accounts that open without an SSN
USCIS forms — H-1B, L-1, E-2 investor visas — when LLC ownership supports a visa case
State income tax obligations — business taxes vary by state
Find an immigration attorney — for complex investor or work-visa cases tied to your LLC

Frequently asked questions

Do I need SSN to form an LLC in South Dakota?

NO. You can form an LLC in South Dakota using ITIN or just passport number. After, to open a bank account for the LLC, you’ll need EIN (free Federal Tax ID from IRS, NO SSN required) and possibly the holder’s ITIN.

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

In South Dakota, the LLC formation fee is $150 filed online or $165 by paper. The annual report costs $55 online or $70 by paper. Other costs: a registered agent (free if you serve as your own agent with a South Dakota address; otherwise a yearly commercial fee), an operating agreement (free if you draft it yourself), and any annual report or franchise fee. The EIN is free from the IRS.

Better to form LLC in South Dakota or in Wyoming/Delaware?

If your business operates in South Dakota, cheapest is forming LLC in South Dakota. If you operate in another state but register the LLC in Wyoming/Delaware, you must register as ‘foreign LLC’ in your operating state — paying both fees. Wyoming/Delaware only makes sense for passive LLCs (rentals, investments, holding companies).

Does my South Dakota LLC pay taxes?

By default, single-member LLC is ‘disregarded entity’ (taxes flow through to owner via Schedule C). Multi-member LLC treated as ‘partnership’ (Form 1065). You can elect S-Corp or C-Corp taxation via Form 2553/8832. Consult CPA with ITIN experience.

The rules change. Hear about it first.

Monthly digest of USCIS, IRS, and consulate fee, form, and deadline changes — no spam.

General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.