South Dakota Business License

SD.gov is the official website of the South Dakota state government. By visiting this website, you can obtain information on starting a small business and get assistance with tasks related to it. For example, you can find help with growing, operating, starting, or financing your South Dakota small business. In addition to the state's website, the Governor's Office of Economic Development or GOED has some useful information as well. On the GOED website, you can download documents related to licensing or starting a business. There is also directory of resources as well as a checklist for new business owners. The U.S. Small Business Administration and the South Dakota Department of Revenue all have good information on their websites as well, or you may visit the SBA's district office in Sioux Falls.

Just because you are starting a small business in South Dakota does not mean you will require a license. However, many businesses in this state do, which is why it is important to know what the requirements are. Many permits and licenses throughout the state are regulatory in nature. Accordingly, they deal with things such as state sales taxes, environmental regulations, and public health and safety.

Through the GOED, you can find out which agencies throughout the state are responsible for issuing business licenses or permits. A few of the South Dakota agencies that issue such licenses include the Department of Labor and Regulation, Department of Environment and Natural Resources, and the Department of Agriculture. Find out more by accessing a 60-page document titled "Licensing and Registering your Business", which can be found on the GOED's web page.

Visit the Department of Revenue to fill out an application for any license related to taxes. A few handled by this agency include alcoholic beverage tax, excise tax, sales tax, and manufacturer's tax.

Local city and county governments may issue their own licenses as well. Visit your location's official government website as well as the websites for any areas where you plan to conduct business. When you do, remember that certain types of businesses are exempt from licensing under state and/or federal law.

Certain types of businesses must obtain the required permits and licenses in order to operate. Still others such as Limited Liability Companies (LLCs) and corporations must meet state filing requirements. This means they must file their organizational documents with South Dakota's Secretary of State. If you are not sure whether or not you are required to do this, contact the Secretary of State directly or visit their official website.

Certain occupations and professions are required to obtain a license before operating in South Dakota. The South Dakota Department of Labor and Regulation or DLR oversees this function. On the DLR website, you will find a list of statewide boards and agencies that have the authority to regulate different occupations and professionals. On the South Dakota Boards and Commissions website, you can search for different licensing boards and agencies. Click on an item to find out more information about the licensing requirements for that occupation or profession.

Although this website contains a comprehensive list, it may not include all professions. For example, doctors and lawyers are not listed there. This means you will have to perform further research to determine who the regulating agency is.

It's not uncommon for South Dakota business owners to operate under a different name than their own. Many use what is referred to as a business or DBA name instead. Furthermore, corporations and Limited Liability Companies or LLCs often use one name when they register and later switch to using a different name. This name can be called different things depending on where you are conducting business and how your company is structured. Some common names include fictitious, trade, "doing business as" or assumed names instead. According to South Dakota law, proprietorships must list the last name of each proprietor in its name. Corporations, partnerships, and LLCs that are operating under any name aside from the business name on file must file to reserve their fictitious name with the Secretary of State.

Trademarks, trade names, and service marks are not quite the same thing, but they nonetheless serve a very common purpose. That purpose is to uniquely identify a business, its goods, or services. They serve to distinguish your goods and services from any of your current or future competitors. It is possible to register service marks and trademarks with the state of South Dakota. Visit the Secretary of State's website for more information.