South Dakota LLC Taxes

Last updated:

How an South Dakota LLC is taxed: federal pass-through treatment, self-employment tax, South Dakota income and entity taxes, and the payments to plan for.

An South Dakota LLC is taxed at three levels: federal income tax on the profits, South Dakota state rules, and payroll or sales taxes that depend on what the business does. South Dakota has no broad state personal income tax on wages or business income, so owners report profit federally without a separate state income tax layer. South Dakota does not charge a separate franchise or privilege tax on LLCs.

Federal tax treatment

By default the IRS treats a single-member LLC as a disregarded entity, so profit is reported on Schedule C of the owner's personal return. A multi-member LLC is taxed as a partnership and files Form 1065, with each member receiving a Schedule K-1. Either can elect to be taxed as an S corporation (Form 2553) or a C corporation (Form 8832). See the IRS page on LLCs.

Self-employment tax

Members who work in the business generally pay self-employment tax of 15.3% on net earnings: 12.4% for Social Security up to the annual wage base set by the SSA, and 2.9% for Medicare with no cap, plus an additional 0.9% Medicare tax at higher incomes. An S corporation election can reduce this for profitable businesses, but it requires running payroll and paying yourself a reasonable salary. Our LLC vs S-Corp comparison walks through the trade-off.

South Dakota state taxes

TaxSouth Dakota treatment
State personal income taxNo broad personal income tax
Franchise or entity-level taxNone
Annual report fee$50 per year

Sales tax, payroll tax, and local business taxes sit on top of these. If you sell taxable goods or services, register with the South Dakota tax agency for a sales tax permit. If you hire, you will register for state unemployment insurance and withholding.

Estimated tax payments

LLC owners usually have no employer withholding, so they pay federal estimated tax each quarter. Missing estimates can trigger underpayment penalties, so many owners set aside a percentage of every payment they receive.

South Dakota specific notes

South Dakota has no personal or corporate income tax. Annual reports are filed online at $50 ($65 paper).

South Dakota LLC at a glance

ItemDetail
Filing officeSouth Dakota Secretary of State
LLC filing fee$150
Annual report$50, filed every year
Franchise or entity taxNone
State personal income taxNo broad income tax
Corporation filing fee (for comparison)$150

Tax rules and thresholds change, and this page is general information. Confirm details with the South Dakota tax agency and a licensed CPA before you file.

Frequently asked questions

Does a South Dakota LLC pay state income tax?
South Dakota has no broad personal income tax, so LLC members do not pay a separate state income tax on their share of profit. Other taxes may still apply.
Is there a franchise tax for South Dakota LLCs?
South Dakota does not charge a separate franchise tax on LLCs.
How is a South Dakota LLC taxed federally?
By default as a pass-through: Schedule C for single-member LLCs and Form 1065 for multi-member LLCs. It may elect S corporation or C corporation treatment.
Do LLC owners pay self-employment tax?
Generally yes, at 15.3% on net earnings up to the Social Security wage base and 2.9% above it, unless the LLC elects S corporation status and owners take a reasonable salary.

Sources & further reading

Disclaimer: Legal information, not legal advice. For advice about your specific situation, consult a licensed attorney or CPA in your state. See our full disclaimer.