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No income tax at all, but sales tax on SaaS and services — the Wayfair state

Setting up a startup in South Dakota

South Dakota has no corporate or personal income tax, and payroll is light: Reemployment Assistance on a $15,000 wage base and nothing else at the state level. What it does tax broadly is sales — all services and electronic products, SaaS included — and it is the state that won Wayfair.

Areas
6
Setup steps
5
Checked
October 12, 2026
South Dakota, raised. Point at a neighbor to compare; click to open its guide.

At a glance

Corporate tax
None
Tax on wages
None
Sales tax
4.2% + municipal (4.5% from Jul 2027)
Economic nexus
$100,000 in gross revenue
Minimum wage
$11.85/hr
UI wage base
$15,000
New-employer UI rate
1.20% + 0.55% investment fee
Paid leave program
None
Annual report
Anniversary window — $55 online

2026 figures, each explained with its source on the area’s page. On top of the federal baseline.

Setup, in order

  1. Register the corporation

    Before doing business in South Dakota — usually the first hire

    Apply to the Secretary of State for a certificate of authority ($750 online) and appoint a South Dakota registered agent.

  2. Register for Reemployment Assistance

    When you first pay wages in South Dakota

    Open a Reemployment Assistance tax account with the Department of Labor and Regulation.

  3. Report new hires

    Within 20 days of each hire

    Report each new or rehired employee to South Dakota New Hire Reporting.

  4. Arrange workers’ compensation

    Before the first employee starts

    Buy workers’ compensation coverage from a private carrier.

  5. Get a sales tax license

    On physical presence, or at $100,000 of South Dakota revenue

    Apply for a sales tax license with the Department of Revenue; SaaS and services are taxable.

Common questions

Does South Dakota tax corporate income?

No. South Dakota taxes neither corporate nor personal income, and it has no gross receipts or margin tax in their place for an ordinary business. Only banks and similar financial institutions pay a bank franchise tax.

Is SaaS taxable in South Dakota?

Yes. South Dakota’s sales tax applies to the sale of all services and to products transferred electronically, unless the law specifically exempts them. SaaS sold to South Dakota customers is taxable, for businesses and consumers alike.

Do we owe use tax on SaaS and services we buy?

Yes, if the vendor didn’t charge South Dakota tax. Because the state taxes services and products transferred electronically, software subscriptions, consulting and other services bought from out-of-state vendors that don’t collect owe use tax, reported on the company’s sales tax return or a use tax return.

What does unemployment insurance cost a new employer?

In the first year, 1.20% Reemployment Assistance tax plus a 0.55% investment fee on the first $15,000 of each employee’s wages — $262.50 per employee at most. Construction employers start at 6.00%.

When is our annual report due?

In a window that opens on the anniversary of the date the corporation registered in South Dakota and closes at the start of the second month after it. The fee is $55 online; a late report adds $55.

Is there a South Dakota R&D credit?

No. With no corporate income tax there is nothing for a research credit to offset, and South Dakota hasn’t created a refundable one. The federal R&D credit and its payroll tax offset are the only research credits a South Dakota company claims.

Works in your QuickBooks Online or Xero file

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Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.