1. Does South Dakota Require an LLC Annual Report?
Yes. South Dakota requires LLCs to file an annual report every year with the South Dakota Secretary of State to keep your business in good standing. This annual report confirms basic company information and keeps your entity active in the state’s records.
2. What South Dakota LLCs Must File Each Year
South Dakota yearly compliance for an LLC typically comes down to a clear checklist. Your exact obligations depend on where and how you operate, but most LLCs should plan for these recurring items:
Annual compliance checklist
- South Dakota LLC Annual Report (Secretary of State): recurring yearly filing to keep the LLC active and in good standing
- Registered Agent renewal (if using a service): maintain a valid agent and address for legal/state notices
- State/local taxes (as applicable): depending on your business activity (for example, South Dakota sales tax if you have taxable sales)
- Federal tax return (IRS): IRS LLC tax classification rules apply based on SMLLC vs partnership vs S-corp election
- Bookkeeping + records: maintain clean records for banks, payments, and audits
3. Due Date Rule: The Anniversary Month System
South Dakota annual reports are due every year on the 1st day of the anniversary month of when your business was filed with the Secretary of State .
How to understand your due date
- Find the month your LLC was originally filed (your “anniversary month”)
- Your annual report is due on the 1st day of that month every year
- You can usually file starting 2 months before your due date
- If you don’t file within the allowed window, your entity can become delinquent and late fees can apply
Example: If your LLC was filed on July 20, your annual report is due on July 1 each year.
4. Fees, Late Fees & Delinquency Timeline
South Dakota annual report fees depend on entity type. For LLCs, the common annual report filing fee is: $55 online (paper filings are higher).
Common fees (LLC)
- Annual Report (online): $55
- Annual Report (paper): $70 (includes paper processing fee)
- Late fee: $50 for delinquent annual reports (when applicable)
Delinquency timeline (simple)
- Due date: 1st day of your anniversary month
- Early filing: up to 2 months prior
- Delinquent + late fees: if not filed 2 months after due date
- Risk: continued delinquency may lead to administrative dissolution
STAY COMPLIANT
Click the button below and our team will guide you through South Dakota’s yearly filing—fast and correctly.
Get Compliance Help5. Where to File + What You’ll Need
South Dakota LLC annual reports are typically filed through the South Dakota Secretary of State’s online business portal. Before you file, prepare your business details so you can submit without errors.
What you should keep ready
- Legal LLC name and South Dakota entity ID
- Principal address and registered agent details
- Management/ownership contact details (as required by the form)
- Payment method for filing fee (if filing online)
- Access to the state’s online filing portal
Why founders use a compliance service
- Avoid missed deadlines and delinquency
- Reduce rejections due to incorrect information
- Keep clean records for banking and payment processors
| Feature | FormLLC | Provider A | Provider B |
|---|---|---|---|
| Built for non-US founders | ✅ Deep non-resident focus | ➖ Limited support | ➖ Generic templates |
| End-to-end compliance guidance | ✅ State + federal clarity | ➖ Partial | ➖ DIY-heavy |
| Transparent pricing | ✅ No surprise upsells | ⚠️ Hidden add-ons | ⚠️ Tiered upsells |
| Human support (WhatsApp / email) | ✅ Dedicated support | ➖ Ticket-based | ➖ Slow response |
*Sample stats for illustration. Add your real numbers and link to verified reviews.
The safest strategy is to file as soon as your annual report window opens (up to two months early). Staying in good standing helps you avoid problems with banks, payment gateways, and vendor verification.
6. How to File South Dakota LLC Annual Report (Step-by-Step)
Step 1: Confirm your annual report due date
Check your LLC’s filing month (anniversary month). Your report is typically due on the 1st day of that month every year. You can often file starting 2 months prior.
Step 2: Gather your business information
Prepare your LLC name, South Dakota entity ID, principal address, and registered agent details. Having this ready reduces errors and speeds up filing.
Step 3: File online (recommended) or by paper if needed
Most LLCs file through the state’s online business portal. Online filing is faster and gives you a downloadable receipt/acknowledgment. Paper filings can be available, but may cost more and take longer.
Important: Save your submission confirmation and receipt. This helps for audits, banking, and future compliance.
Step 4: Pay the filing fee and keep proof
Pay the required annual report fee and store proof (receipt and confirmation). If you file late (after delinquency), additional late fees may apply.
7. Tips to Stay Compliant
- Set a recurring reminder for the 1st day of your LLC’s anniversary month
- File early (up to 2 months prior) to avoid last-minute problems
- Maintain accurate registered agent details to avoid missed notices
- Keep receipts and annual report confirmations in one folder
8. Good Standing, Penalties & Reinstatement Basics
- Annual Report (LLC): Commonly $55 online ($70 by paper)
- Late fee: $50 may apply after delinquency for annual reports
- Paper processing fee: additional fee can apply for paper filing when online is available
- Good standing impact: Compliance affects banking, payment platforms, and vendor onboarding
- Risk: Continued delinquency may lead to administrative dissolution and create reinstatement work
| Compliance Item | Typical Timing | Fee |
|---|---|---|
| South Dakota LLC Annual Report | Annually (1st day of anniversary month) | $55 online / $70 paper |
| Late Fee (delinquent annual report) | After delinquency (varies) | $50 |
| Registered Agent Renewal (if using a service) | Annually | $100–$300 |
| Federal Income Tax Return | Annually | Varies |
| Other state/local obligations (if applicable) | Varies | Varies |
9. Federal Compliance That Impacts South Dakota LLCs
1. Federal tax return (IRS)
Your LLC’s federal tax filing depends on classification. See official IRS guidance for LLCs for details.
2. EIN (Employer Identification Number)
Many LLCs use an EIN to open bank accounts, hire employees, and work with payment processors. Keeping EIN-related records and IRS confirmations helps during compliance reviews and verification.
3. BOI updates (Corporate Transparency)
If your ownership or key information changes, you may need to update federal Beneficial Ownership Information (BOI) reporting (where applicable). This is separate from South Dakota annual reporting but often comes up during annual reviews.
4. Other recurring federal obligations
- Payroll tax filings if the LLC has employees
- Information returns (such as 1099 forms) when required
- Keeping clean bookkeeping for audits, banking, and compliance reviews
10. Conclusion
The biggest takeaway: South Dakota LLCs must file an annual report every year. Your due date is based on your anniversary month, and filing late can lead to delinquency, late fees, and even administrative dissolution.
With FormLLC, you can stay compliant without confusion—our team helps you follow the right schedule, file the right forms, and keep your business in good standing.
11. Frequently Asked Questions
Yes. South Dakota LLCs are generally required to file an annual report each year with the Secretary of State to remain in good standing.
Annual reports are due every year on the 1st day of the anniversary month of when the business was filed (example: filed July 20 → due July 1 each year).
You can typically file your annual report starting 2 months prior to your due date.
The common fee for LLC annual reports is $55 online. Paper filing is typically higher. If you file after the delinquency date, a $50 late fee may apply.
Your entity can become delinquent, late fees may apply, and continued noncompliance can lead to administrative dissolution. That can later cause issues with banks, payment processors, and contracts.
Often, yes. The annual report is usually required to keep the LLC active and in good standing even if there was no income. Always confirm your exact obligations for your entity.
Yes. If you want a hands-off process, FormLLC can help track deadlines, prepare the filing details, and guide you through submission to keep your business compliant.
