Updated September 5, 2026. Quick answer: South Dakota requires a annual report; IMPORTANT: contrary to the assumed premise, South Dakota DOES require LLCs to file a periodic (annual) report. Under current law (in effect until 12/31/2026), the first annual report is due before the first day of the second month of the year following the year the LLC was formed/authorized to transact business, and each subsequent report is due by that same date every year. Effective 1/1/2027, the rule changes: the entity chooses either (1) the anniversary month of formation, or (2) January 31 each year.
If you’d rather not track this yourself
Bizee’s registered-agent and compliance service includes a due-date reminder and a filing option for South Dakota’s report. State filing fees are separate.
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Whether South Dakota requires one, and how often
South Dakota requires LLCs to file an annual report every year. $55 online; $70 paper.
When it’s due
IMPORTANT: contrary to the assumed premise, South Dakota DOES require LLCs to file a periodic (annual) report. Under current law (in effect until 12/31/2026), the first annual report is due before the first day of the second month of the year following the year the LLC was formed/authorized to transact business, and each subsequent report is due by that same date every year. Effective 1/1/2027, the rule changes: the entity chooses either (1) the anniversary month of formation, or (2) January 31 each year. (SDCL 59-11-25 (Time for filing annual report), incorporated into the LLC Act by SDCL 47-34A-211)
What it costs
$55 online; $70 paper (source, read 2026-08-06).
What happens if you miss it
Statute sets the annual reporting fee at $55, with a $55 penalty for failing to file/refusing to file on time. Note: SD SOS’s own e-filing instructions page states a $50 late fee (may not yet reflect a 2025 statutory fee amendment) plus a $15 paper-processing surcharge for mail filers; the LLC annual report PDF form lists a $70 total filing fee with a further $55 ‘Additional Fee for Delinquent Reports.’ These figures are not fully reconciled across SD’s own sources, reported as found rather than resolved. (SDCL 47-34A-212(b))
What eventually happens if it stays unfiled: The Secretary of State may commence administrative dissolution if fees/taxes/penalties are unpaid, or the annual report is undelivered, more than 60 days after due. The company then gets a further 60-day cure period after notice before the Secretary actually signs the dissolution certificate. (SDCL 47-34A-809 (grounds) and 47-34A-810 (procedure)) “The secretary of state may commence a proceeding to dissolve a limited liability company administratively if the company does not: (1) Pay any fees, taxes, or penalties imposed by this chapter or other law within sixty days after they are due; or (2) Deliver its annual report to the secretary of state within sixty days after it is due.”
Where to file
File at https://sosenterprise.sd.gov/BusinessServices/Business/AnnualReportInstr.aspx. South Dakota Secretary of State’s official online ‘File an Annual Report’ e-filing tool (sosenterprise.sd.gov), reachable from the main sdsos.gov business-services navigation.
What this page does not answer
State income tax, franchise tax and federal (IRS) filing obligations are separate from this report and follow their own deadlines and rules. This page does not source those. We have the state periodic-report answer at primary and nothing else.
The annual/biennial report fee above is a recurring cost of keeping the LLC active, separate from what it cost to form. See what an LLC costs in South Dakota for the full cost picture.
Sources
Every citation on this page is the state’s own Secretary of State site or official statute text. No formation service, no registered-agent marketing page and no aggregator is cited anywhere in this cluster as a source of law.
- State fee schedule / hub table source: https://sdsos.gov/general-information/filing-fees.aspx
- Due date: https://sdlegislature.gov/api/Statutes/59-11-25.html
- Late penalty: https://sdlegislature.gov/api/Statutes/47-34A-212.html
- Administrative dissolution: https://sdlegislature.gov/api/Statutes/47-34A-809.html
- Filing portal: https://sosenterprise.sd.gov/BusinessServices/Business/AnnualReportInstr.aspx
Related: South Dakota’s registered agent requirements, including who can serve and what happens if you don’t have one.