The numbers at a glance
| South Dakota | Delaware | |
|---|---|---|
| Filing fee | $150 | $110 |
| Annual report | $50 (annual) | $300 (annual) |
| Franchise tax min | $0 | $300 |
| Top state income tax | 0% | 6.6% |
| Privacy score | 8/10 | 7/10 |
| Banking accessibility | 8/10 | 10/10 |
| Standard processing | 5d | 10d |
| 5-year total cost | $650 | $3,360 |
On pure 5-year cost, South Dakota comes out ahead by $2,710. But cost is rarely the only factor.
When South Dakota wins
- No state income tax
- Famous trust jurisdiction
- You physically operate in South Dakota — staying in-state avoids foreign-LLC qualification costs.
When Delaware wins
- Court of Chancery
- Strong corporate law
- Anonymous members allowed
- Universal bank acceptance
Hidden costs of forming in Delaware from outside
If you live and operate in South Dakota but form in Delaware, you almost always pay both states' annual fees because you must register as a foreign LLC in South Dakota. The advertised cost difference often disappears entirely once foreign qualification fees and dual registered agents are factored in.
Decision framework
- Operating in South Dakota? Form in South Dakota.
- Pure holding company or non-resident? Delaware wins for VC-backed or holding structures.
- Raising VC money? Delaware C-Corp is the standard. South Dakota won't be accepted by most institutional investors.
See the full Delaware guide for Delaware-specific details, or jump to our 5-question quiz to get a personalized shortlist.