Compare Business Types in South Dakota
LLC, corporation, S-Corp, nonprofit or partnership: what each costs to form and keep in South Dakota, side by side. An LLC is $150 to file.
Last verified August 2026 against official South Dakota sources.
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South Dakota Business Structures at a Glance
| Feature | Corporation | LLC | Nonprofit | Partnership | S-Corp |
|---|---|---|---|---|---|
| State filing fee | $150 | $150 | $30 | $0 | $150 |
| Expedite fee | $50 | $50 | $100 | — | $50 |
| Processing time | 3-5 business days | 3-5 business days | 3-5 business days | 3-5 business days for LP filings | 3-5 business days |
| Annual/biennial report fee | $50 | $50 | $10 | $50 | $50 |
| Franchise / minimum tax | — | — | — | — | — |
| Recurring state fees / yr (est.) | $50 | $50 | $10 | $50 | $50 |
| Publication required | No | No | No | No | No |
| Registered agent | Required | Required | Required | Required | Required |
| Minimum owners | 1 | 1 | 1 | 2 | 1 |
Recurring estimate = report fee (halved for biennial reports) + franchise/minimum tax. Excludes publication, registered-agent and income taxes. S-Corp is a federal tax election (IRS Form 2553) made by an LLC or corporation.
LLC vs. Other Structures in South Dakota
LLC vs. Corporation
A South Dakota LLC offers pass-through taxation and flexible management without the rigid director/officer structure, whereas a corporation is subject to double taxation (unless S-Corp elected) but can issue stock and may be preferred for raising venture capital.
LLC vs. S-Corp
An S-Corp election can be made by a South Dakota LLC for federal tax purposes to potentially reduce self-employment taxes on distributions, but an S-Corp has ownership restrictions (max 100 shareholders, U.S. citizens/residents only) that an LLC does not.
LLC vs. Partnership
A South Dakota LLC provides personal liability protection for all members, while a general partnership exposes all partners to unlimited personal liability; an LLC also offers a more formal legal structure and easier transferability of ownership.
LLC vs. Nonprofit
A South Dakota LLC is a for-profit entity owned by members seeking financial returns, whereas a nonprofit corporation is organized for a public or charitable purpose, is eligible for tax-exempt status, and cannot distribute profits to members.
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