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Search for the South Dakota LLC annual report deadline and you will find three different answers in the first page of results: the first day of your anniversary month, the last day of your anniversary month, and the first day of the second month after your anniversary month. It is tempting to assume two of those writers were careless. The more interesting explanation is that none of them could have got it from the statute, because the statute does not say.
SDCL 47-34A-211 is one sentence long: an LLC "shall deliver to the secretary of state for filing an annual report pursuant to §§ 59-11-24 to 59-11-26." Follow that cross-reference and SDCL 59-11-24 — which lives in the Model Registered Agents Act in Title 59, not in the LLC act at all — sets out six things the report must contain, says the information "must be current as of the date the annual report is executed," and stops. No month. No day. No window. The date is assigned administratively from your formation anniversary, and the Secretary of State's own filing instructions tell you what to do about it: use the Search Tool "to find your business ID and/or see when your Annual Report is due."
| Item | South Dakota LLC |
|---|---|
| What's due | Annual Report to the Secretary of State (SDCL 47-34A-211, filed under SDCL 59-11-24): entity name, jurisdiction of formation, principal office address wherever located, registered agent information required by § 59-11-6, the names and business addresses of governors — and, since 2024, whether the entity owns agricultural land and whether it has any foreign beneficial owners |
| When | Not stated in the statute. Assigned by the Secretary of State from your anniversary month — look it up by Business ID in the state's Search Tool rather than trusting a third-party summary |
| Information currency | Current as of the date the report is executed (SDCL 59-11-24) — a delivery-side rule like Maine's, not a snapshot date like New Hampshire's |
| Who signs | "Any authorized person" — the statute is deliberately permissive, and an amendment is "a supplement to, and not in place of," the annual filing |
| Member-managed relief | If the LLC is member-managed, the names and business addresses of governors need not be set forth (SDCL 59-11-24(5)(b)) — the paper form leaves that block blank |
| Fee | $50 filed online. The Secretary of State's paper form states a $65 filing fee, which is the $50 plus the office's stated $15 paper processing fee |
| Late fee | $50 per delinquent annual report, per the Secretary of State's filing instructions and the paper form. A "Delinquent" entity can still e-file |
| Miss it | The Secretary of State may begin an administrative dissolution proceeding if the report is not delivered within 60 days after it is due, or fees go unpaid 60 days past due (SDCL 47-34A-809) |
| Then | A record of the determination is served on the company; you have 60 more days to correct each ground or show it never existed before the certificate of dissolution issues (SDCL 47-34A-810(a)–(b)) |
| Reinstatement | No deadline in the statute — the company "may apply … for reinstatement after the effective date of dissolution," and reinstatement "relates back to and takes effect as of the effective date of the administrative dissolution" (SDCL 47-34A-811(a), (c)) |
| Reinstatement cost | $150 application fee plus the filing fees for every delinquent annual report, plus a Department of Revenue certificate that all taxes owed have been paid, plus a name that still satisfies SDCL 47-34A-105 |
A deadline you can only look up is a deadline you will forget. EntityMinder tracks each entity's real due date — anniversary, window or fixed — and reminds you before it closes, in every state you file in.
Get deadline reminders →Anniversary-month states are already the harder half of the country to track: Oklahoma uses your exact formation date, Utah and Virginia use the last day of the anniversary month, Washington the end of it. In each of those you can at least read the rule and compute your own date. South Dakota removes that step. The consequence is that a reasonable owner following a reasonable secondary source can be a month off and never know it — and the state's clocks are all measured from a due date that owner never verified.
There is a second-order effect worth naming, because it applies to anyone holding entities in more than one state: a filing service or a spreadsheet built from published summaries will carry whatever date its source guessed. The only authoritative answer is the state's own record for your Business ID. If you take one action from this page, make it that lookup.
South Dakota's enforcement path is unusually gentle in its timing and unusually plain in its drafting. Nothing happens on the due date itself. SDCL 47-34A-809 says the Secretary of State may commence a dissolution proceeding only once the report is 60 days late — and "may," not "shall," which is a materially weaker command than Maine's mandatory dissolution or North Dakota's self-executing forfeiture next door.
Then SDCL 47-34A-810 gives you a second 60 days from service of the determination, and lets you satisfy it either by curing the ground or by demonstrating "to the reasonable satisfaction of the secretary of state" that the ground does not exist. Two further points from subsections (c) and (d) are worth knowing before anyone panics:
And the way back has no expiry date. SDCL 47-34A-811(a) permits an application "after the effective date of dissolution" with no outer limit written into it, and (c) makes reinstatement retroactive — the company "may resume its business as if the administrative dissolution had never occurred." That puts South Dakota in the small open-ended club with Vermont, Kentucky and Connecticut, and far from Utah's two-year wall. The practical limits are two: the name must still satisfy § 47-34A-105 when you apply, and the application must carry a Department of Revenue certificate that all taxes owed have been paid — the same tax-clearance gate Tennessee and Montana use, and the one thing in the process you cannot complete in an afternoon.
Most states' annual reports ask for an address and a contact. Since the 2024 amendment (SL 2024, ch 176, § 12), SDCL 59-11-24(6) requires every filing entity to state whether it owns agricultural land as defined in § 43-2A-1 and, if so, whether it has any foreign beneficial owners. A foreign entity, or any entity with foreign beneficial owners, must additionally supply a legal description or common location of the land, the total acreage held, and the land's current use.
That information does not stay in a file drawer. The same section directs the Secretary of State, on or before December 1 each year, to make available to the public an aggregated report listing all foreign entities and entities with foreign beneficial ownership that indicated they owned agricultural land during the reporting period, including the information gathered under the section. If your entity holds South Dakota farmland, the annual report is the form on which that becomes a matter of public record — which makes accuracy on that line worth more attention than the rest of the form combined. Note also that a separate voluntary disclosure of other beneficial interests is permitted, not required, by § 59-11-24.1.
SDCL 59-11-24 carves out, among others, a limited partnership organized under chapter 48-7 and — the one that surprises people — a series of a limited liability company established under §§ 47-34A-701 to 47-34A-707. South Dakota is a series-LLC state, and a registered series does not carry its own annual report obligation under this section. Banks organized under § 51A-3-1.1 are likewise excluded, in both § 59-11-24 and § 47-34A-211. If you are running a series structure, confirm what the parent company owes rather than assuming each series has its own filing.
If you have already missed one here or elsewhere, the general late-fee → good-standing → dissolution → reinstatement sequence is mapped in what happens if you miss an LLC annual report. South Dakota charges a report fee and no franchise tax or personal income tax — why that distinction changes which agency chases you is in franchise tax vs. annual report. Every state's due date and fee is in the 50-state deadline lookup.