South Dakota LLC Taxes

LLC Pass-Through Taxation

By default, LLCs don't pay taxes directly. Instead, the LLC members report the income (or losses) on their personal Form 1040 tax return. This is called pass-through taxation — tax responsibility "passes through" the LLC to its owners.

How Are LLCs Taxed in South Dakota?

By default, a South Dakota LLC is taxed by the IRS based on the number of members:

• An LLC with 1 owner (Single-Member LLC) is taxed like a Sole Proprietorship
• An LLC with 2+ owners (Multi-Member LLC) is taxed like a Partnership

These are the "default" statuses — automatically applied based on member count. You can also elect to have your LLC taxed as a Corporation (S-Corp or C-Corp) by filing extra paperwork with the IRS.

Single-Member LLC (default)

The IRS treats Single-Member LLCs as Disregarded Entities — the LLC doesn't file its own federal return. Instead, the owner reports LLC income on their personal Form 1040 (Schedule C if owned by an individual).

Multi-Member LLC (default)

Multi-Member LLCs file a Form 1065 Partnership Return and issue a Schedule K-1 to each member. Each member then reports their share of profits on their personal Form 1040.

Electing Corporate Taxation

• S-Corporation: File Form 2553 with the IRS. Can reduce self-employment taxes once the LLC has consistent profits (generally $70,000+ net income per member). Speak with an accountant first.
• C-Corporation: File Form 8832 with the IRS. Uncommon for small LLCs. Primarily useful for large employers offering healthcare fringe benefits.

South Dakota State Income Tax

Good news — South Dakota does not have a state-level personal income tax. You do not need to file a state income tax return for your South Dakota LLC.

South Dakota is one of only nine states with no income tax, making it a tax-friendly state for LLC owners.

Local Income Tax

You and/or your LLC may also need to file and pay income taxes with your local municipality (city, county, etc.). Contact your local government or hire an accountant to confirm local requirements.

South Dakota Sales Tax

If your LLC sells taxable products (and sometimes services) in South Dakota, you may need to collect sales tax and register for a Seller's Permit (also called a resale license or sales tax permit).

South Dakota's state sales tax rate is 4.2%. Local rates typically add 0.5%–2%, bringing most totals to 6–6.5%.

Register for South Dakota Seller's Permit →

Contact the South Dakota Department of Revenue at 800-829-9188 with questions.

South Dakota LLC Payroll Taxes

If your South Dakota LLC has employees, you must handle payroll taxes, which include:

• Federal income tax withholding
• South Dakota state income tax withholding (South Dakota has no state income tax withholding)
• Social Security and Medicare taxes (FICA)
• Federal unemployment tax (FUTA)
• South Dakota state unemployment tax (SUTA)

Payroll calculations are complex — most LLC owners hire a payroll service or accountant.

South Dakota Tax Agency Contact

South Dakota LLC Taxes — FAQs