How to File LLC Taxes in South Dakota? (The Ultimate Guide)

Jon Morgan
Published by Jon Morgan | Co-Founder & Chief Editor
Last updated: November 7, 2023
Methodology
We meticulously research and verify the information presented in our articles. By consulting reliable sources and ensuring factual accuracy, we are committed to providing readers with well-informed, trustworthy content.

We've teamed up with experienced LLC experts to gather all the necessary information about South Dakota LLC taxes.

Our detailed analysis results from this collaborative effort ensuring accurate and valuable insights.

We dedicated weeks to thorough research on the official tax websites of South Dakota to identify the necessary LLC tax obligations.

Here is an overview of all the South Dakota LLC tax information you may need.

Quick Summary

  • South Dakota LLCs enjoy a tax advantage by being exempt from direct federal taxation, which means they can retain more of their earnings without federal tax obligations.
  • Individual members of the LLC are responsible for meeting their personal income tax obligations.
  • South Dakota emphasizes state sales tax, annual reports, and industry-specific dues.


How Are LLCs Taxed in South Dakota?

Taking notes of LLC taxed in South Dakota

LLCs in South Dakota are taxed based on the number of their members, and this approach is recognized by the Internal Revenue Service (IRS) and the South Dakota Department of Revenue [1].

Remember, your South Dakota LLC Operating Agreement should also include details about your LLC's tax structure.

State Taxes for South Dakota LLCs

Unlike most states, South Dakota does not levy state-level income tax, offering a distinct tax advantage for LLC owners, but it's important to note that certain industries and business types may still face other forms of taxation.

"The absence of state income tax in South Dakota provides a unique advantage for LLC owners, and seeking expert guidance ensures accurate tax compliance."
- Sarah Johnson, Tax Consultant, RSM US LLP

1. Single-Member LLC

Comparing documents for single member LLC

For tax purposes, the IRS categorizes all Single-Member LLCs as Disregarded Entities. This signifies that the IRS doesn't require the LLC itself to submit a separate federal income tax return.

Instead, the responsibility of filing the return and settling federal income taxes lies with the sole owner of the Single-Member LLC.

The method through which the LLC fulfills its federal income tax obligation hinges on the owner's identity:

  1. If the LLC is owned by an individual, it is taxed comparably to a Sole Proprietorship.
  2. If the LLC is owned by another company, it is taxed as a branch or division of the parent company.

2. Multi-Member LLC

When an LLC comprises two or more owners, its tax treatment mirrors a Partnership's.

In this scenario, the LLC is required to submit a 1065 Partnership Return and furnish the LLC owners with a Schedule K-1.

The Schedule K-1 outlines the distributive share of profits attributed to each owner. This share of income from the K-1 is subsequently channeled directly to the owners.

The associated income taxes are then settled by each owner through their personal income tax return (Form 1040).

3. LLCs Taxed as S-Corp

Reading two documents as S-corp

By submitting Form 2553 to the IRS, your LLC can opt for taxation similar to that of an S-Corporation.

This election can prove advantageous for businesses with established profits, as it aids in reducing self-employment taxes.

The decision to tax your LLC as an S-Corporation comes with additional costs. Most new business owners are advised to delay this tax choice until their business has gained stability and consistent revenue.

Once the annual net income per LLC Member reaches a minimum of $70,000, we recommend consulting your accountant regarding the feasibility of this option.

4. LLCs Taxed as C-Corp

Through the submission of Form 8832 to the IRS, your LLC can choose to adopt taxation akin to a C-Corporation.

Selecting C-Corporation taxation can provide significant healthcare fringe benefit savings for substantial employers.

Federal Taxes for South Dakota LLCs

Reading federal taxes for South Dakota

As the proprietor of an LLC, you are responsible for remitting self-employment tax and federal income tax, both of which are categorized under the framework of "pass-through taxation."

1. Federal Self-Employment Taxation

Any members or managers who extract profits from the LLC are obligated to settle self-employment tax.

This tax is administered under the Federal Insurance Contributions Act (FICA) and encompasses contributions toward Social Security, Medicare, and related benefits [2]. The prevailing self-employment tax rate stands at 15.3 percent.

When calculating the self-employment tax amount owed, you can deduct certain business expenses from your income.

Learn how to reduce self-employment tax.

2. Federal Income Tax

Reading federal income tax inside the office

In addition to state taxes, you are required to pay standard federal income tax on any withdrawals you make from your South Dakota LLC.

The specific amount of income tax owed is contingent upon your income level, existing tax bracket, eligible deductions, and filing status.

Federal income tax applies solely to the profits you withdraw from the business after factoring in various deductions and allowances.

This encompasses your tax-free portion, as well as deductions related to business expenses and certain deductions related to healthcare and specific retirement plans.

Other Taxes

There are several supplementary LLC business taxes that your South Dakota LLC could encounter.

1. South Dakota State Employer Taxes

Reading South Dakota state employer taxes document

If your LLC employs individuals, allocating funds for South Dakota's unemployment insurance tax is crucial.

While workers' compensation isn't obligatory in South Dakota, we'll delve into that aspect as well:

  • Unemployment Insurance (UI) Tax - Referred to as Reemployment Assistance Tax in South Dakota, this tax corresponds to UI. Fresh employers will incur a rate of 1.2% in the initial year, or 6% if engaged in construction. For the second and third years, the rate drops to 1% for all employers, or 3% for those in construction. Beyond the third year, rates range from 0% to 9.3%. All employers will also be subject to an investment fee up to 0.53%.
  • Workers' Compensation - Although not legally mandated, not having workers' compensation insurance can pose risks. If an employee sustains job-related injuries, they can sue the business. To mitigate this, you can secure private workers' compensation insurance or obtain coverage through the National Council on Compensation Insurance. Industry risk factors, payroll, and employee count determine insurance costs.

For additional details on Reemployment Assistance Taxes and workers' compensation, consult the South Dakota Department of Labor website [3].

2. Industry-Specific Taxes

Despite South Dakota's overall tax-favorable stance, certain industries within the state might be subject to specialized taxes.

Here's a selection:

  • Alcohol Tax
  • Contractor’s Excise Tax
  • Eating Establishment Tax
  • Equipment Rental Tax
  • Lodging Tax
  • Motor Vehicle Excise Tax
  • Tobacco Tax
  • Tourism Tax
  • Vending Machine Tax

What is Tax-Deductible for an LLC in South Dakota?

Using magnifying glass to read a South Dakota LLC tax deductible

Tax-deductible expenses for an LLC in South Dakota can include a range of business-related costs that can be subtracted from the LLC's total income, thereby reducing the taxable income.

Common tax-deductible expenses for South Dakota LLCs may include:

1. Business Expenses

Deductions can be claimed for legitimate business expenses, such as office supplies, rent, utilities, and insurance.

2. Salaries and Wages

Payments to employees and contractors for services rendered can typically be deducted.

3. Travel Expenses

Costs related to business travel, including transportation, lodging, and meals, may be deductible.

4. Interest and Loan Payments

Interest on business loans and some other financing costs may be deductible.

5. Depreciation

If you have purchased assets like equipment or property for your LLC, you can often deduct a portion of their cost each year through depreciation.

6. Professional Fees

Fees paid to professionals such as accountants, lawyers, and consultants for services related to the LLC's business are typically deductible.

7. Charitable Contributions

Contributions made by the LLC to qualified charitable organizations may be deductible.

8. Taxes

Some taxes, like property taxes on business property and certain state and local taxes, may be deductible.

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FAQs

Is South Dakota a Tax-Friendly State?

Yes, South Dakota is a tax-friendly state. South Dakota stands out for its absence of income tax, comparatively lower sales taxes, elevated property taxes, and a lack of estate or inheritance taxes.

Does South Dakota Have a Business Income Tax?

No, South Dakota doesn't have a business income tax. South Dakota distinguishes itself by not imposing any form of business income tax, including the absence of a corporate income tax, providing a tax-friendly environment for businesses operating within the state.

Do You Need Help Filing Your South Dakota LLC Taxes?

With a keen understanding of South Dakota's intricate LLC tax landscape, entrepreneurs must navigate this terrain with care and attention.

This guide demystifies its structure, spanning default and elective statutes, federal tax obligations, and specialized industry taxes.

Gain insights to navigate confidently through South Dakota's tax complexities.

For practical assistance, explore QuickBooks to master your tax obligations efficiently. Your go-to resource for unraveling the complexities of South Dakota LLC taxes.

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