North Dakota vs South Carolina LLC: fees, taxes, and which to pick
Data last updated: Apr 21, 2026North Dakota charges $135 to form an LLC; South Carolina charges $110. Day-one sticker price is only part of the story, since most of the real cost comes from the annual obligations that stack up each year you keep the LLC open.
Over a rolling three-year window, South Carolina runs about $175 less in total state fees than North Dakota. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.
On speed, South Carolina typically clears standard online filings faster than North Dakota. Both states offer expedited tiers at an additional cost for filers on tight timelines.
For most small operators the choice is not really between these two states at all. It is between forming where the business actually operates and trying to route through a non-resident filing. The data below shows what each option actually costs.
Key differences at a glance
- South Carolina costs $25 less to form ($110 vs $135).
- South Carolina is $50 per year cheaper to maintain ($100 vs $150).
- South Carolina has no annual report filing at all. North Dakota requires an annual (or biennial) report every reporting period.
Where each state fits
For most filers, forming in the state you actually operate from is the right call. The side-by-side below shows where the two states meaningfully diverge.
What each state offers that the other does not
Only South Carolina
- No annual report
Both states
- Online filing
- No entity-level franchise or LLC tax
- No publication requirement
- Operating agreement not statutorily required
Three-year cost, side by side
Rough estimate of the state-facing cost to form and keep an LLC through three years. Both totals include a $100 per year registered-agent estimate.
Running total includes the one-time filing fee and annual ongoing costs (report fee or franchise tax plus a $100/year registered agent estimate).
What it costs under your specific situation
The table below runs the same LLC through four common scenarios. "Non-resident" rows assume a typical home-state foreign LLC registration adds about $200 per year of stacked cost; the real number depends on which state you live in and ranges from $50 to over $800 depending on jurisdiction.
| Scenario | Year 1 | Each year after | 3-year total |
|---|---|---|---|
| You live in North Dakota, business operates there No foreign LLC registration needed. You pay North Dakota fees only. | $285 | $150 | $585 |
| You live in South Carolina, business operates there No foreign LLC registration needed. You pay South Carolina fees only. | $210 | $100 | $410 |
| Non-resident forming in North Dakota with operations elsewhere You pay North Dakota's fees plus a typical home-state foreign LLC registration of about $200 per year. | $485 | $350 | $1,185 |
| Non-resident forming in South Carolina with operations elsewhere You pay South Carolina's fees plus a typical home-state foreign LLC registration of about $200 per year. | $410 | $300 | $1,010 |
North Dakota vs South Carolina: full comparison
| Dimension | North Dakota | South Carolina |
|---|---|---|
| Online filing Can you file the formation document online? | Yes | Yes |
| Online approval time Standard, non-expedited | 5 business days | 2 business days |
| Expedited option Neither state offers paid expedite | Not offered | Not offered |
| Annual report Required in addition to tax | Required, $50 | None |
| State-imposed annual tax Franchise, privilege, or LLC tax minimum | None | None |
| State income tax On pass-through LLC income at member level | Yes | Yes |
| Publication requirement Newspaper publication after formation | No | No |
| Operating agreement Required by state statute | Recommended, not required | Recommended, not required |
| Foreign LLC fee Cost to register as a foreign LLC in this state | $135 | $110 |
| State sales tax General statewide rate | 5.0% | 6.0% |
Taxes in North Dakota and South Carolina
How each state handles entity-level tax on LLCs. Pass-through classification means member-level income tax also applies at each member's residence state.
North Dakota tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 4.3%.
South Carolina tax
No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 5.0%.
Ongoing compliance
The recurring filings each state requires after formation.
North Dakota
Annual report $50, due 11/15 each year. Registered agent required in North Dakota.
South Carolina
No annual state filing. Registered agent required in South Carolina.
Formation process, side by side
What actually happens from the moment you start filing to the moment you're in good standing. Use this as a checklist.
North Dakota
- Check business-name availability on the North Dakota entity search.
- Appoint a registered agent with a physical North Dakota street address.
- File Articles of Organization (Limited Liability Company) for $135.
- Wait for approval. Online typically 5 business days. No paid expedite offered.
- Adopt an operating agreement (recommended, not required by North Dakota statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- File your first annual report and pay $50 when it comes due.
South Carolina
- Check business-name availability on the South Carolina entity search.
- Appoint a registered agent with a physical South Carolina street address.
- File Articles of Organization of a Limited Liability Company for $110.
- Wait for approval. Online typically 2 business days. No paid expedite offered.
- Adopt an operating agreement (recommended, not required by South Carolina statute).
- Apply for a federal EIN (free from the IRS).
- Open a business bank account to separate personal and business finances.
- No annual state filing required in South Carolina.
Before you pick either state
A few things that apply no matter which state you choose. These trip up enough first-time filers that they're worth stating explicitly.
Registered agent is non-negotiable. Both North Dakota and South Carolina (and every other US state) require every LLC to designate a registered agent with a physical street address in the state of formation. You can serve as your own agent if you live in the state; otherwise a commercial agent runs $50 to $125 per year. Using your own home address makes it part of the public record.
Forming elsewhere does not escape your home state's tax. If you live and operate a business from your home state, forming the LLC in North Dakota or South Carolina does not avoid your home state's income tax. The moment you transact business at home, your home state requires a foreign LLC registration, and state tax liability follows your residence regardless of where the entity sits on paper.
EIN applications are free. The IRS issues Employer Identification Numbers directly at no cost. Any service charging you to "get your EIN" is reselling a free form submission. Single-member LLCs with no employees technically don't need one for federal tax, but nearly every bank requires an EIN to open a business account.
Operating agreement matters more than the state you pick. A well-drafted operating agreement governs member ownership, management, profit splits, buy-sell terms, and dissolution. Without one, your LLC runs on the state's default rules, which are rarely what you want. California, Maine, Missouri, and New York require a written one by statute; every other state treats it as strongly recommended.
Agency contacts
North Dakota Secretary of State - Business Services
- Website
- sos.nd.gov
- Phone
- (701) 328-2900
- sosbir@nd.gov
- 600 E Boulevard Avenue, Dept 108, Bismarck, ND 58505-0500
- Hours
- 8:00 AM to 5:00 PM Central, Monday to Friday
South Carolina Secretary of State, Business Filings Division
- Website
- sos.sc.gov
- Phone
- (803) 734-2158
- SC Secretary of State's Office, 1205 Pendleton Street, Suite 525, Columbia, SC 29201
- Office
- Edgar Brown Building, 1205 Pendleton Street, Suite 525, Columbia, SC 29201
- Hours
- 8:30 AM to 5:00 PM Eastern, Monday to Friday
North Dakota Office of State Tax Commissioner
- Website
- www.tax.nd.gov
- Phone
- (701) 328-7088
- 600 E. Boulevard Ave., Dept. 127, Bismarck, ND 58505-0599
- Hours
- 8:00 AM to 5:00 PM Central, Monday to Friday
South Carolina Department of Revenue
- Website
- dor.sc.gov
- Phone
- (844) 898-8542
- 300A Outlet Pointe Boulevard, Columbia, SC 29210
- Hours
- 8:30 AM to 5:00 PM Eastern, Monday to Friday
Frequently Asked Questions
-
Is it cheaper to form an LLC in North Dakota or South Carolina?
South Carolina is cheaper at formation ($110) than North Dakota ($135). Ongoing costs are also different: $100 vs $150 per year. Total over three years: $410 vs $585.
-
Can I form an LLC in North Dakota if I live in South Carolina?
Yes, but your South Carolina business will almost certainly need to register as a foreign LLC in South Carolina too, which means paying South Carolina's foreign registration fee and any ongoing South Carolina obligations on top of the North Dakota ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.
-
How long does it take to form an LLC in North Dakota vs South Carolina?
North Dakota online: 5 business days; South Carolina online: 2 business days. North Dakota does not offer paid expedite. South Carolina does not offer paid expedite.
-
Which state has lower taxes for an LLC, North Dakota or South Carolina?
North Dakota: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. South Carolina: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax.
-
Do both states require a registered agent?
Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. North Dakota and South Carolina both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.
-
Which state should I pick if I run an online business from home?
Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in North Dakota or South Carolina to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.
Full state guides
More North Dakota and South Carolina comparisons
More North Dakota vs ...
Sources
- Filing fee: www.sos.nd.gov/business/business-services/business-structures/limited-… · verified April 21, 2026
North Dakota SoS LLC page lists Registration (Articles of Organization) filing fee as $135 for both domestic and foreign LLCs. Same fee whether filed online via FirstStop or by mail. - Expedited filing: firststop.sos.nd.gov/ · verified April 21, 2026
North Dakota does not offer a state-level expedited processing tier. All filings go through the FirstStop online portal, which the SoS reports processes LLC formations in approximately 5 business days. - Foreign LLC registration fee: www.sos.nd.gov/business/business-services/business-structures/limited-… · verified April 21, 2026
Foreign LLC registration fee matches the domestic Articles of Organization fee at $135, per the ND SoS LLC fee listing. - Operating agreement requirement: www.ndlegis.gov/cencode/t10c32-1.pdf · verified April 21, 2026
N.D.C.C. 10-32.1-02(36) defines 'operating agreement' to include agreements that are oral, in a record, implied, or any combination thereof. The North Dakota Uniform LLC Act does not require a written operating agreement. - Publication requirement: www.ndlegis.gov/cencode/t10c32-1.pdf · verified April 21, 2026
Chapter 10-32.1 (Uniform Limited Liability Company Act) contains no newspaper publication requirement for LLC formation. Only NY, AZ, and NE require publication. - Annual report fee: www.sos.nd.gov/business/business-services/business-structures/limited-… · verified April 21, 2026
ND SoS LLC page lists the annual report fee as $50 for Business LLC, PLLC, and foreign LLC. Business LLCs and PLLCs are due November 15 each year; Farming/Ranching and Authorized Livestock Farm LLCs due April 15. - Corporate income tax rate: www.tax.nd.gov/business/corporate-income-tax · verified April 21, 2026
ND Office of State Tax Commissioner corporate income tax page: top bracket is taxable income over $50,000, taxed at $1,240 plus 4.31% of the amount over $50,000. Graduated rates 1.41% to 4.31%. Applies to C-corps; LLCs taxed as C-corps would use these rates. - Sales tax rate: www.tax.nd.gov/business/sales-and-use-tax · verified April 21, 2026
ND Office of State Tax Commissioner: statewide general sales and use tax rate is 5%. Cities and counties levy additional local option taxes on top of the state rate. - Business name search: firststop.sos.nd.gov/search/business · verified April 21, 2026
FirstStop business entity search, used to confirm name availability before filing Articles of Organization. - Online filing portal: firststop.sos.nd.gov/ · verified April 21, 2026
FirstStop is the North Dakota SoS online business filing portal. The SoS directs all LLC filings through FirstStop; online filings are typically approved within 5 business days. - Filing fee: www.scstatehouse.gov/code/t33c044.php · verified April 21, 2026
S.C. Code Section 33-44-1204(a)(1) establishes the Articles of Organization filing fee for a domestic LLC at $110. Section 33-44-1204(a)(4) sets the foreign LLC Certificate of Authority fee at $110 as well. Confirmed via South Carolina Legislature official code text. - Expedited filing: sos.sc.gov/ · verified April 21, 2026
South Carolina Secretary of State does not advertise a paid expedited filing tier for LLC Articles of Organization. Online filings through the Business Filings Online system typically process within 1 to 2 business days, which serves as the de facto expedited path. Recorded as offered: false. Note: sos.sc.gov is CloudFront-protected and frequently blocks automated browsers; the code citation above is the primary authoritative source for filing procedures. - Annual report fee: dor.sc.gov/business-income-taxes/corporate/corporate-faqs · verified April 21, 2026
South Carolina has no Secretary of State annual report for LLCs. Per SCDOR Corporate FAQ and Form CL-1 instructions: 'LLCs should only complete the CL-1 if they're taxed as a corporation.' Default-taxed LLCs (partnership or disregarded) owe no annual license fee and file no annual report at the state level. - Franchise tax: dor.sc.gov/business-income-taxes/corporate/corporate-faqs · verified April 21, 2026
South Carolina Department of Revenue Corporate FAQ (License Fee section): the License Fee rate is 0.1% of capital stock and paid-in surplus plus $15, minimum $25. Entities NOT subject to the License Fee include 'A Limited Liability Company (LLC) not taxed as a corporation.' Default-classified LLCs therefore owe no franchise-style state entity tax in South Carolina. - Operating agreement requirement: www.scstatehouse.gov/code/t33c044.php · verified April 21, 2026
S.C. Code Section 33-44-103(a) provides that all members may enter into an operating agreement, 'which need not be in writing,' to regulate the company's affairs. No statute requires a written operating agreement. Recorded as not required. - Foreign LLC registration fee: www.scstatehouse.gov/code/t33c044.php · verified April 21, 2026
S.C. Code Section 33-44-1204(a)(4): Application by a foreign LLC for a certificate of authority to transact business in South Carolina is $110. - Publication requirement: www.scstatehouse.gov/code/t33c044.php · verified April 21, 2026
South Carolina Uniform Limited Liability Company Act (S.C. Code Sections 33-44-101 et seq.) has no newspaper publication requirement for LLC formation. - Business name search: businessfilings.sc.gov/BusinessFiling/Entity/Search · verified April 21, 2026
South Carolina Business Filings Online entity search. Note: the businessfilings.sc.gov portal is occasionally slow or geo-restricted from automation, but resolves for normal browsers. - Sales tax rate: dor.sc.gov/sales-use-tax-index/sales-tax · verified April 21, 2026
South Carolina Department of Revenue Sales Tax page: 'The statewide Sales and Use Tax rate is 6%. Counties may impose an additional 1% local sales tax if voters in that county approve the tax.' Combined rates in SC counties typically run 6% to 9%. - Corporate income tax rate: dor.sc.gov/business-income-taxes/corporate/c-corporation · verified April 21, 2026
South Carolina Department of Revenue C Corporation page: 'The Corporate Income Tax Rate is 5% on South Carolina taxable income.' Applies to C-corps, S-corps (at the entity level via built-in gains or LIFO recapture), and LLCs taxed as corporations. Default-classified LLCs are pass-throughs and do not owe this entity-level tax.