Form a S-Corp in South Dakota
Everything you need to know about forming a S-Corp in South Dakota. Filing fees, requirements, timeline, and step-by-step guidance.
How to File
Choose a Corporate Name
Select an available corporate name that complies with South Dakota naming requirements and includes a corporate designator like 'Corporation' or 'Inc.'
1-2 hours
Appoint a Registered Agent
Designate a registered agent with a South Dakota address to receive legal documents and official correspondence.
30 minutes
File Articles of Incorporation
Submit Articles of Incorporation to the South Dakota Secretary of State with required information and $150 filing fee.
45 minutes
Obtain EIN from IRS
Apply for an Employer Identification Number from the IRS for tax purposes and business banking.
30 minutes
What's Next After Filing
Once your S-Corp is officially formed, you'll want to complete these important steps:
- •File Form 2553 for S-Corp Election — Submit IRS Form 2553 within 75 days of incorporation to elect S-Corporation tax status.
- •Create Corporate Bylaws and Records — Draft corporate bylaws, hold organizational meeting, and establish corporate record-keeping system.
- •Issue Stock Certificates — Issue stock certificates to initial shareholders and maintain stock transfer ledger.
Advantages
- ✓Pass-through taxation avoids double taxation
- ✓Limited liability protection for shareholders
- ✓Enhanced credibility with customers and investors
- ✓Ability to raise capital through stock sales
Considerations
- •Strict IRS eligibility requirements and limitations
- •Required annual tax filings even with no income
- •Corporate formalities must be maintained
Annual Obligations
What OpenChamber Does
We don't file paperwork for you — we guide you through doing it yourself, which saves money and helps you understand your business from day one.
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