How To Incorporate in South Dakota. Learn How to Incorporate a Business in South Dakota.

A. File Artcles of incorporation for South Dakota Corporation with the Secretary of State

After choosing which entity is right for you, your next step is to go to the South Dakota Secretary of State's website and download the appropriate incorporation form that may be available. Or, if you don't want to do the work yourself, we can help you incorporate a business in South Dakota. Click here for a free quote on our South Dakota business incorporation services.

B.  S Corporation Filings for Your New South Dakota Corporation

1.   Federal S-Corporation Election Form
 
If you have Clickandinc.com incorporate a business for you in South Dakota, and you choose to be treated as an s-corporation for federal income tax purposes, we can draft that form for you (IRS form 2553). If you choose to draft it on your own, you can download it from the IRS website.
 
NOTE: You have 75 days from the date you incorporate a business in South Dakota to file your form 2553 with the IRS. If you fail to file in that time period, you will not be granted s-corporation status for the year in which you incorporate.
 
     2. South Dakota S-Corporation Election form
 
South Dakota does not require s-corporations file a separate s-corporation election form with the state.
 
C.  Get Your South Dakota Tax ID Number and Or Other State Required Documentation
 
Have your Federal Tax ID Number (EIN) handy; most states require it on their state tax ID number forms and other forms that you may need to complete after you incorporate a business in South Dakota.
 
Log on to http://www.state.sd.us/drr2/businesstax/bustax.htm and file the Sales & Use and Contractor’s Excise Tax Application.  ALL SOUTH DAKOTA BUSINESSES MUST APPLY.
 
You can find more information on your state tax obligations at http://www.state.sd.us/drr2/newbusiness.htm
 
            Annual Reports
 
Corporations must file an annual report with the Secretary of state’s office . It will be sent to the business address the month before it is due. Currently, the filing fee is $30. You can download the form, if you’d like, at http://www.sdsos.gov/busineservices/corporationpdfs/DomesticAnnualReport.pdf
 

Surely, the list above is not everything you will need to do once you incorporate a business in South Dakota. You should always check with your accountant or attorney in order to make sure you are compliant with all state laws. Clickandinc.com is not a law firm and nothing on this page can be considered legal advice on which you can rely. If you’d like Clickandinc.com to help you incorporate a business in South Dakota, we’d love to help.