Starting your own business in South Dakota is one of the most exciting and profitable things you can experience. But where do you begin? There are numerous strategies to establish a business, each with important factors to consider. If you wish to start a business in South Dakota, there are many things that you should consider. Doing business in South Dakota, popularly known as The Mount Rushmore State, will give you many opportunities because of the current estimated population, which consists of 908,414. Considering the large numbers, you will cater to a lot of customers.
Follow our in-depth guide on how to start a business in South Dakota. We will help you remove the doubt from the process and explore your chances of success. It will start from defining your business idea to establishing, launching, and expanding your business. And we will guide you every step of the way.
On this page, you’ll learn about the following:
- How to Start a Business in South Dakota?
- Step 1: Create a Business Plan
- Step 2: Choose a Business Entity in South Dakota
- Step 3: Determine your South Dakota Business Costs
- Step 4: Name Your Business in South Dakota
- Step 5: Register Your Business in South Dakota
- Step 6: Apply for Business License and Permit
- Step 7: Get a Bank Account
- Step 8: Market your Business in South Dakota
- Important Information
How to Start a Business in South Dakota?
To form a business in South Dakota, you must follow a few steps that include creating a business plan, choosing a business entity type, determining your South Dakota business costs, naming your business, registering a business, and lastly, marketing your South Dakota business. Starting a business is not something you can do overnight. The processing, planning, and preparation take a lot of time. If you want to start a business in South Dakota, you must have everything ready beforehand.
Continue reading to learn more about the procedure as a whole and what new small business owners should keep in mind as they carry out each phase.
Step 1: Create a Business Plan
The first thing you need to start your business is a solid plan. In creating a business plan, you should consider many things when you are in the decision-making phase. Your business plan in South Dakota is a road map for your successful business.
A business plan should consider the detailed purpose of your business. You should know what product or service you will serve in South Dakota. A purposeful business plan is important because that plays a key role in knowing how your business will make a profit. If the purpose of the business plan is vague and not aligned with what service you are giving, it will affect the business you are forming. Make sure to be SMART (specific, measurable, achievable, realistic, and in a certain timeframe) with your business goals. Also, researching your competitor’s service is a great deal to knowing what strategy you will form for your South Dakota business. And lastly, you should include the funding of your business.
A business plan should be created before you start a business. Without it, you have nothing but a blank slate. This document will help you understand the key parts of your business and the plan for success. Regarding the potential funding for your business in South Dakota, you can avail of business loans in bank and investor funding.
You can continue working on the legal structure of your business once you have the whole plan in your possession. You may create an LLC for your business legally. You can check other business guides shared by the LLCBuddy Editorial Team.
Step 2: Choose a Business Entity in South Dakota
A business entity refers to a legal structure formed to conduct business activities. It is a separate and distinct organization recognized by the law, which possesses rights, responsibilities, and liabilities distinct from its owners or members. Choosing a business entity for your South Dakota business is significant.
You must decide on a business entity structure while beginning your own business. The form of company entity you choose will significantly impact how well your personal assets are protected, how much tax you pay, and how much paperwork you have to deal with. You should consider forming a business entity in South Dakota through having Sole Proprietorship, LLC, LLP, and Corporation.
A sole proprietorship is a simple and common type of business structure where an individual owns, operates, and manages the entire business. It is the easiest and least expensive form of business organization to establish and maintain. One of the most appealing aspects of a sole proprietorship is the owner’s direct control over all aspects of the business.
A key characteristic of a sole proprietorship is that the owner and the business are considered a single legal entity. This means that all profits, losses, assets, and liabilities are the owner’s personal responsibility. Although this can lead to increased risk exposure, it allows the owner to control their business operations completely.
Consider a sole proprietorship if you want to start a business in South Dakota by yourself. For legal and tax reasons, the owner and the business are regarded as one and the same. The business owner takes on liability for the business. Therefore, the owner is liable for all business debts in the event that the company fails.
Limited Liability Company
A Limited Liability Company, also known as an LLC, is a business structure ideal for entrepreneurs and start-ups. It is perfect for start-ups and aspiring entrepreneurs since it has limited liability issues for a company. The South Dakota LLC is mainly used for the legal structure of a business between two or more companies that share management and profits. It also protects its owners from liabilities, debts, and responsibilities that may cause them in the future.
LLCs offer pass-through taxation, meaning that the profits and losses flow through to the members’ personal tax returns, avoiding double taxation that corporations may experience. Additionally, LLCs have fewer formal requirements and administrative burdens compared to corporations. Read South Dakota classification of LLC tax to get more information about tax.
Another advantage of an LLC is the flexibility in the management structure. Members can choose to manage the company themselves or appoint managers to oversee the business operations. This allows for customization based on the unique needs and preferences of the owners.
Limited Liability Partnership
Limited Liability Partnerships (LLPs) are a unique business structure combining partnerships and corporations’ elements. An LLP offers limited liability protection to its partners, meaning that each partner is only responsible for their actions and debts rather than jointly and severally liable for the entire partnership’s obligations.
This structure is particularly popular among professional service providers such as lawyers, accountants, and architects, as it allows them to maintain the collaborative nature of a partnership while enjoying the liability protection typically associated with corporations.
In an LLP, each partner’s income is subject to self-employment taxes, and the profits and losses are passed through to the partners’ personal income tax returns, similar to a general partnership. This pass-through taxation avoids the double taxation issue faced by some corporations.
Forming a South Dakota corporation reduces your personal liability for business debts as an LLC does. A corporation can be taxed as an S-corporation (S-Corp) or a C-corporation (C-Corp). If a small corporation satisfies certain Internal Revenue Service (IRS) standards, then S-corporation status is available, providing pass-through taxation. However, most larger businesses and startups seeking venture financing are taxed as C-corps.
Step 3: Determine your South Dakota Business Costs
In South Dakota, you should determine the business costs that you will form. You should consider paying the Articles of Organization fee for LLCs, Articles of Incorporation fees for corporations, business licenses fee, office supplies and equipment, payroll, office rent, utilities, transportation, and taxes.
Usually, filing an initial South Dakota Articles of Organization fee costs $165 (by mail and $150 online), while the annual fee costs $50 in South Dakota. Read about the overall cost of LLC registration in South Dakota cost to know more about South Dakota LLC cost. If you wish to know more about how much it costs to form an LLC, you should look up and be guided by the LLC formation costs. For a corporation, you must pay the $150 for online filing, and $165 for filing by mail.. Besides, you need to pay taxes as a corporation.
Step 4: Name Your Business in South Dakota
Naming your business doesn’t take a lot of time. With the help of South Dakota LLC name search, you can acquire a name for your business. If you form an LLC in South Dakota, you must follow the below rules while naming your business-
- The name should not be confused with a government entity.
- The name should be unique.
- The name should be available to use.
- Any other business does not use the name.
- The new name must include “LLC” if it is a limited liability company.
In South Dakota, if you do not wish to file your business right away but want to hold the name that you have decided on, then you can reserve your business name for 120 days. You must file a name reservation application in the South Dakota Secretary of State to keep the name. There is a complete guide on LLC name guidelines for you to have a proper LLC business name.
Step 5: Register Your Business in South Dakota
In order to register a business in South Dakota, you need to file it with the South Dakota Secretary of State. Before that, you must have a South Dakota Registered Agent for your business. The Registered Agent is a person who is responsible for receiving important legal documents on your behalf.
Get the South Dakota Registered Agent
You must get your South Dakota Registered Agent before you file your business. The person should be eligible to conduct business in South Dakota. Also, they must be aged above 18 years. You can be your own registered agent. However, that will not be a wise decision. Appointing a professional will be much more beneficial for your business than doing it on your own.
Apply For South Dakota Formation Document
After you have a Registered Agent, you need to file the South Dakota formation document. If you are filing an LLC in South Dakota, you must file the Articles of Organization and if you want to have a corporation structure, you need to file the South Dakota Articles of Incorporation.
Request For an EIN
In addition to the paperwork, you should apply for an Employer Identification Number (EIN). An EIN will serve as the tax ID for your professional corporation. EIN can be obtained from the Internal Revenue Service (IRS). It is a 9-digit number similar to Social Security Number. EIN, however, is distinct from SSN. It is only used for business-related activities, particularly for submitting general taxes. The form must be completed and uploaded to the IRS website. You can obtain the EIN for free from IRS.
The application of an EIN in South Dakota can be through the following:
- Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
- Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that Form SS-4 contains all of the required information.
- Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is 4 weeks.
- Apply by Telephone (for International Applicants)– International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.
After you have your EIN number, you can benefit in a number of ways. It will give your LLC the final advantage necessary to operate at full capacity without encountering legal or judicial issues.
Step 6: Apply for Business License and Permit
Obtaining a business license and operating permit is necessary to run any business in South Dakota. Before launching your new business, you should request any required business license or permission. Most South Dakota businesses need licenses or permits to operate. Federal, state, and local governments may all require businesses to have licenses and permits. The business license fee depends on the type of license you are applying for. You must contact South Dakota Secretary of State for more details.
Step 7: Get a Bank Account
Your business dealings in South Dakota might be simpler with a US business bank account because it boosts your company’s legitimacy and liquidity. Most banks demand an EIN to create a business bank account for firms other than sole proprietorships. Also, keeping separate finances helps you avoid combining personal and professional finances.
Step 8: Market your Business in South Dakota
Now that your South Dakota business is already registered, you can market it with an ideal marketing plan. An ideal marketing plan can help a start-up business to become known. Making a comprehensive social media network like META, Facebook, Instagram, Twitter, and YouTube falls within this category. While creating an SEO campaign for your company website, you may also look at specialized communities on Facebook and LinkedIn.
Do you need to have Business Insurance?
Your company needs insurance even if it’s a home-based business or you don’t have employees. Depending on your business planning and the risks you face, you may require different types of insurance. As your business expands, you might require more than one type of insurance. If you have employees, you are typically legally required to carry workers’ compensation insurance. You must contact South Dakota Division of Insurance to ensure what type of insurance is required for your business.
What is the most profitable type of business?
The most profitable type of business will vary depending on a number of factors, including your industry, location, target market, and business strategy. However, some companies, such as those that provide expensive products and other services, tend to be more profitable than others. If you’re unsure about the kind of business to launch, think about your abilities and interests and the demands of your target market to guide your decision on an effective business.
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In conclusion, embarking on the entrepreneurial journey of starting a business in South Dakota, also known as The Mount Rushmore State, requires thorough research, planning, and dedication. Understanding the local business landscape, choosing the right structure, and complying with all regulatory requirements are essential steps to ensuring your venture’s success. This article has provided valuable insights and guidance for aspiring entrepreneurs looking to seize the opportunities present in South Dakota’s dynamic economy. By leveraging available resources and approaching the process with diligence and determination, you can lay the foundation for a thriving and prosperous business in South Dakota.