Facebook

Processing. Please Wait.

Create a Free Account

Our free account and tools will help you get started and maintain your business. All for free. Enter your information below to create your free account.

  • Minimum 8 characters long
  • At least 1 capital and lowercase letter
  • At least 1 number
  • At least 1 special character

Free Download

Template

Choose to view the in another tab or to download the PDF.

How to Reinstate a South Dakota LLC

To revive a South Dakota LLC, you’ll need to file the Application for Reinstatement with the South Dakota Secretary of State. You’ll also have to fix the issues that led to your South Dakota LLC’s dissolution and obtain a Tax Clearance Certificate from the South Dakota Department of Revenue. Below, we provide a free, step-by-step guide to reinstating your South Dakota LLC.

Revive A South Dakota Limited Liability Company

The South Dakota Secretary of State has the power to administratively dissolve your LLC if you fail to do any of the following:

  • pay fees or penalties
  • appoint and maintain a registered agent
  • submit an annual report within 60 days of the due date

If you want to get your South Dakota LLC back in business, you’ll need to submit the following to the Secretary of State:

  • a completed Application for Reinstatement of Domestic Limited Liability Company
  • all missing annual reports
  • any owed fees or penalties
  • any amendments needed to change your LLC’s name or registered agent
  • a Tax Clearance Certificate from the South Dakota Department of Revenue

How do I file the South Dakota Application for Reinstatement?

You can submit the South Dakota Application for Reinstatement by mail or in person, but you’ll need to begin the process online.

To start, enter your business ID on the Secretary of State’s website. You’ll be prompted to file any missing reports and pay for each with a credit card. Then, you’ll be directed to request a Tax Clearance Certificate. After you’ve completed these steps, you can complete the Application for Reinstatement.

However, you can’t submit the reinstatement form online. It must be printed and signed by a member or a manager (depending on how your LLC is managed) and mailed or hand-delivered to the SOS. Electronic signatures are not accepted.

You can pay with a check made payable to “Secretary of State.”

What information do I need for the Application for Reinstatement?

To fill out the Application for Reinstatement, you’ll need to provide your South Dakota LLC’s name, business ID, date of administrative dissolution, and a statement affirming that you’ve fixed the problem that led to dissolution.

You’ll also need to check a box to indicate that your LLC’s name is still unique. If it’s not, you’ll need to change it by attaching a South Dakota LLC amendment to your application.

Your Application for Reinstatement will be approved only when the South Dakota Secretary of State receives your Tax Clearance Letter from the South Dakota Department of Revenue.

Where do I submit my South Dakota Application for Reinstatement?

Reinstatement applications are processed by the South Dakota Secretary of State.

500 E. Capitol Ave.
Pierre, SD 57501

How much will it cost to revive a South Dakota LLC?

The filing fee for a South Dakota Application for Reinstatement is $150. You’ll also have to pay $100 to file each late annual report.

How long does it take the SOS to process the South Dakota Application for Reinstatement?

The South Dakota Secretary of State will process your Application for Reinstatement as soon as it receives a Tax Clearance Letter from the South Dakota Department of Revenue. Usually, that takes between 1-2 business days.

Can you change your South Dakota registered agent on the South Dakota reinstatement?

The South Dakota Application for Reinstatement does not give you an option to change your South Dakota registered agent. However, you can change your South Dakota registered agent when you file an overdue annual report.

How long do you have to revive a South Dakota LLC?

You can revive a business in South Dakota at any time. However, when your South Dakota LLC is dissolved, its name immediately becomes available for other companies to adopt.

South Dakota Tax Clearance

The South Dakota Secretary of State’s office will not approve your South Dakota Application for Reinstatement until they receive your Tax Clearance Certificate from the South Dakota Department of Revenue.

The South Dakota Tax Clearance Certificate clears your business of tax liability. If you’re behind on taxes, this means you’ll need to first submit any past returns or payments.

Not sure if your business is current with South Dakota tax requirements? Contact the Department of Revenue at (605)773-4764.

How do you get a tax clearance letter for a South Dakota LLC?

To get a Tax Clearance Certificate, you can submit the Tax Clearance Request Form (Form 2026) to the South Dakota Department of Revenue.

You can print the form and submit it by paper or file it online through the Department of Revenue website. There is no fee to submit the application, but you won’t receive a tax clearance letter unless you’re caught up on taxes.

What information do I need for the South Dakota Tax Clearance Request Form?

You’ll need to provide the reason for your request and some basic information about your LLC (name, FEIN, address, phone number, contact information, and industry type) and the signature of an authorized person, such as a member or manager.

How long does it take to receive South Dakota Tax Clearance Certificate?

It takes the Department of Revenue about 1-2 days to process a request for a Tax Clearance Certificate. The Department of Revenue will forward the Tax Clearance Certificate to the Secretary of State.

When You Want More