An South Dakota LLC offers business entrepreneurs the form of corporate organization that provides perhaps the most flexibility to you. An LLC formation, like the alternative corporate forms of organization like a limited partnership or a Subchapter S Corporation, are generally prime candidates for a business juststarting. The state of South Dakota gives public support to an South Dakota LLC.
Should I form a South Dakota LLC?
An South Dakota LLC satisfies a necessary condition of your business planning developement in that it meets the requirement that you establish a legal form of organization in order to gain the statutory benefits and protection available in South Dakota to your LLC. Your South Dakota LLC establishes a legal presence within the state, which you can use either as a platform for in-state operations or by registering your South Dakota LLC via your agent's physical address in order to meet the purely statutory requirement for tax and filing purposes absent an in state operation.
Advantages and Disadvantages of a South Dakota LLC
Advantages of LLC
Limited Liability: Owners of a LLC have the limited liability protection of a corporation.
Flexible Profit Distribution: Limited liability companies can select varying forms of distribution of profits. Unlike a common partnership where the split is 50-50, LLC have much more flexibility.
No Minutes: Corporations are required to keep formal minutes, have meetings, and record resolutions. The LLC business structure requires no corporate minutes or resolutions and is easier to operate.
Flow Through Taxation: All your business losses, profits, and expenses flow through the company to the individual members. You avoid the double taxation of paying corporate tax and individual tax. Usually, this will be a tax advantage, but circumstances can favor a corporate tax structure.
Disadvantages of LLC
Limited Life: Corporations can live forever, whereas a LLC is dissolved when a member dies or undergoes bankruptcy.
Going Public: Business owners with plans to take their company public, or issuing employee shares in the future, may be best served by choosing a corporate business structure.
Added Complexity: Running a sole-proprietorship or partnership will have less paperwork and complexity. A LLC may federally be classified as a sole-proprietorship, partnership, or corporation for tax purposes. Classification can be selected or a default may apply.
By South Dakota and other state law in order to proceed with forming a llc, you need to prepare a written abstract detailing your llc purpose, the names of your initial South Dakota LLC members, the name and address of your South Dakota registered agent, the details of which will be introduced into the body of your LLC operating agreement and related South Dakota LLC formation documents assembled for application to the state of South Dakota.
South Dakota's 2008 Business Tax Climate Ranks 2nd
South Dakota ranks 2nd in the Tax Foundation's State Business Tax Climate Index. The Index compares the states in five areas of taxation that impact business: corporate taxes; individual income taxes; sales taxes; unemployment insurance taxes; and taxes on property, including residential and commercial property. Neighboring states ranked as follows: North Dakota (30th), Minnesota (42nd), Iowa (45th), Nebraska (43rd), Wyoming (1st) and Montana (6th).
South Dakota Levies No Individual Income Tax
South Dakota levies no state individual income tax, joining Alaska, Florida, Nevada, Texas, Washington and Wyoming as the only states to do so.
South Dakota Levies No Corporate Income Tax
South Dakota levies no general corporate income tax. However, it does impose a bank franchise and bank card tax that collected $79.12 per capita in FY 2006.