For non-US owners of a South Dakota LLC
Foreign-Owned South Dakota LLC: State Report, Tax and IRS Filing
A South Dakota LLC owned from abroad has a state duty and a federal one. Miss the state one and the LLC can lose its good standing; miss the federal one and the IRS penalty is US$25,000. This page sets out both.
Quick answer
What does a foreign-owned South Dakota LLC have to file each year?
With South Dakota: Annual Report (Domestic Limited Liability Company). Fee: US$55. Due: 1st day of the anniversary month of the LLC's initial filing, every year. From January 1, 2027 (SDCL 59-11-25 as amended by SL 2026, ch 203), an entity files either in its anniversary month or by January 31 each year, as selected, and may switch with a change-of-filing-date form. With the IRS: Form 5472 with a pro forma Form 1120 for any year with a transaction between the LLC and its foreign owner, with a US$25,000 penalty if missed.
At a glance
- South Dakota yearly report
- Annual Report (Domestic Limited Liability Company)
- South Dakota fee
- US$55
- South Dakota due date
- 1st day of the anniversary month of the LLC's initial filing, every year. From January 1, 2027 (SDCL 59-11-25 as amended by SL 2026, ch 203)
- IRS filing
- Form 5472 with a pro forma Form 1120; US$25,000 penalty if missed
- Fees
- See our Form 5472 filing service page, or request a quote
Federal filings, whatever South Dakota requires
| Filing | When | Source |
|---|---|---|
| Form 5472 with a pro forma Form 1120 | Each year the LLC has a reportable transaction with its foreign owner; US$25,000 penalty if missed | IRS |
| BE-13 | Generally within 45 days of a foreign person setting up or buying a US business | BEA rule |
| Form 1040-NR | Only if the LLC has income effectively connected with a US trade or business | IRS |
None of these depend on the state. A South Dakota LLC files them on the same terms as an LLC formed anywhere else.
South Dakota filings for a foreign-owned LLC
These are the state-level duties of a South Dakota LLC, as published by South Dakota (South Dakota official source, tax source). State figures checked October 28, 2026.
| Item | South Dakota |
|---|---|
| Yearly report | Annual Report (Domestic Limited Liability Company) |
| Fee | US$55. $55 online; $70 on paper (includes the paper filing fee). Reports can be filed up to 2 months before the due date. |
| Due | 1st day of the anniversary month of the LLC's initial filing, every year. From January 1, 2027 (SDCL 59-11-25 as amended by SL 2026, ch 203), an entity files either in its anniversary month or by January 31 each year, as selected, and may switch with a change-of-filing-date form. |
| State tax | None. The SD Department of Revenue states South Dakota does not impose a corporate income tax; no franchise or minimum tax applies to an LLC. |
| If it is late | Status becomes delinquent and a $55 late fee applies if the report is not filed within 2 months after the due date. Continued delinquency may lead to administrative dissolution; by statute the SOS may begin dissolution if the report is not delivered within sixty days after it is due (SDCL 47-34A-809). Reinstatement of a domestic entity is $150 plus delinquent reports and fees. |
Easy to miss: The annual report form asks whether the LLC owns agricultural land and has foreign beneficial owners; if both answers are yes, the report must be filed online.
Dates to keep
| Who | What and when |
|---|---|
| State | Annual Report (Domestic Limited Liability Company): 1st day of the anniversary month of the LLC's initial filing, every year. From January 1, 2027 (SDCL 59-11-25 as amended by SL 2026, ch 203), an entity files either in its anniversary month or by January 31 each year, as selected, and may switch with a change-of-filing-date form. |
| IRS | Form 5472 with the pro forma Form 1120, normally by April 15 for a calendar-year LLC (Form 7004 extends it) |
| Once | BE-13 within 45 days of formation, if it applies |
How we help
We prepare Form 5472 and the pro forma Form 1120 for foreign-owned South Dakota LLCs, or the full year under our annual package. Fees are on our Form 5472 filing service. Gurleen Kaur, CPA licensed in British Columbia and Washington State, signs. We remind you of the South Dakota date; the state report itself is filed with South Dakota.
See the annual compliance package, best state for non-US founders and US LLC tax by country.
Where these rules come from
South Dakota
- State rules: South Dakota official page, South Dakota tax page.
Federal
- Effectively connected income and Form 1040-NR: Code sections 864 and 871 (IRS Pub 519).
- BE-13: 15 CFR 801.7 (eCFR).
- Form 5472: Internal Revenue Code section 6038A and Treas. Reg. section 1.6038A-1; T.D. 9796 treats a foreign-owned single-member LLC as a corporation for this purpose (IRS).
Other states
All 50 states and DC in one table: US LLC annual fees by state.
Common questions
Is there a yearly South Dakota filing for my LLC?
Annual Report (Domestic Limited Liability Company). Fee: US$55. Due: 1st day of the anniversary month of the LLC's initial filing, every year. From January 1, 2027 (SDCL 59-11-25 as amended by SL 2026, ch 203), an entity files either in its anniversary month or by January 31 each year, as selected, and may switch with a change-of-filing-date form.
Does a South Dakota LLC owned by a non-US person pay South Dakota tax?
None. The SD Department of Revenue states South Dakota does not impose a corporate income tax; no franchise or minimum tax applies to an LLC.
What happens if the South Dakota filing is late?
Status becomes delinquent and a $55 late fee applies if the report is not filed within 2 months after the due date. Continued delinquency may lead to administrative dissolution; by statute the SOS may begin dissolution if the report is not delivered within sixty days after it is due (SDCL 47-34A-809). Reinstatement of a domestic entity is $150 plus delinquent reports and fees.
Does a foreign-owned South Dakota LLC file with the IRS?
Yes. Form 5472 with a pro forma Form 1120 for any year with a reportable transaction with the foreign owner, including the money used to form it. The penalty for missing it is US$25,000. This is separate from the state filing.
Sources
Every rule and figure on this page links to the IRS, CRA or other official source it comes from. Amounts change; we re-check them before each engagement.
- South Dakota: official source
- South Dakota: tax source
- IRS: Instructions for Form 5472
- eCFR: 15 CFR 801.7 (BE-13 reporting requirement)
- IRS: Publication 515
Gurleen Kaur, CPA licensed in British Columbia and Washington State. Last updated November 11, 2026. This page is general information, not tax or legal advice for your situation.
Related guides: US LLC fees by state, Annual compliance package, Best state for non-US founders.
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