South Carolina LLC annual filing requirements
South Carolina’s LLC compliance rules depend on how your business is taxed and whether you have employees or collect certain taxes. Many South Carolina LLCs do not file a traditional “annual report” with the Secretary of State, but they may have annual state tax filings. Use the sections below to confirm what applies to your LLC.
If you’re unsure, check your LLC’s tax classification (disregarded entity, partnership, S-corp, C-corp) and whether you’re registered with the South Carolina Department of Revenue (SCDOR).
Summary (table)
| Item | Who | When | Cost | Penalties | Official Source |
|---|---|---|---|---|---|
| Secretary of State annual report (LLC) | Most South Carolina LLCs | Not required in many cases | Typically none (check if your LLC is taxed as a corporation) | N/A if not required | https://sos.sc.gov/ |
| South Carolina income tax return (state) | LLCs taxed as corporations (C-corp or S-corp) and other entities with a filing obligation | Annual (varies by entity type; check official state source) | Varies | Varies | https://dor.sc.gov/ |
| Sales & use tax returns (if registered) | LLCs making taxable retail sales in South Carolina | Periodic (monthly/quarterly/annual based on SCDOR assignment) | Varies | Varies | https://dor.sc.gov/tax/sales |
| Withholding tax returns (if you have employees) | LLCs with employees subject to SC withholding | Periodic (based on SCDOR assignment) | Varies | Varies | https://dor.sc.gov/tax/withholding |
| Unemployment insurance reporting (if you have employees) | Employers subject to SC UI | Periodic (check official state source) | Varies | Varies | Check official state source. |
What you must file
- South Carolina Secretary of State annual report: Many South Carolina LLCs are not required to file a yearly report with the Secretary of State. If your LLC is taxed as a corporation or has a special registration status, requirements may differ. Check official state source.
- State tax filings (SCDOR): Depending on your activities and tax classification, your LLC may need to file one or more of the following:
- Income tax return: Commonly relevant if the LLC is taxed as a corporation (C-corp or S-corp). Other structures may pass income through to owners, but could still have state filing obligations depending on circumstances. Check official state source.
- Sales & use tax returns: If you sell taxable goods/services and are registered for sales tax.
- Withholding tax returns: If you have employees and withhold SC income tax.
- Other industry taxes: If you’re registered for specialized taxes/fees through SCDOR. Check official state source.
- Employment-related filings: If you have employees, you may have unemployment insurance reporting and payments. Check official state source.
Tip: If you’re looking specifically for an “LLC annual report” like other states require, South Carolina is often different. Confirm your obligations based on (1) how you’re taxed and (2) what taxes you’re registered to collect/pay.
Related filings
- Georgia LLC annual filing requirements
- North Carolina LLC annual filing requirements
- Florida LLC annual filing requirements
Deadlines
- Secretary of State annual report (LLC): Many South Carolina LLCs do not have an annual report deadline with the Secretary of State. If your LLC has a state-level annual filing obligation due to tax classification or another status, check official state source for the correct due date.
- Income tax returns: Due dates vary by entity type and tax year. Check official state source.
- Sales tax and withholding: Filing frequency and due dates are set by SCDOR based on your account. Log in to your SCDOR account or review your registration notice. Check official state source.
Fees
- Secretary of State annual report fee (LLC): Often not applicable for South Carolina LLCs because many do not file an annual report. If an annual filing applies to your situation, check official state source for the current fee.
- State tax filing costs: Return filing itself may not have a separate “fee,” but taxes due vary by your business activity (income, sales, withholding, etc.).
- Third-party service costs (optional): Registered agents and compliance services may charge their own fees. Review pricing before purchasing.
Penalties if late
- Secretary of State annual report penalties: If your LLC does not have an annual report requirement, this typically does not apply. If your LLC has an annual filing obligation, penalties can vary. Check official state source.
- Late tax filings/payments (SCDOR): Penalties and interest may apply if you file returns late or pay taxes late. The amount depends on the tax type and how late you are. Check official state source.
- Business risk: Falling behind on required filings can lead to account holds, collection actions, or loss of good standing where applicable.
Official source links
- South Carolina Secretary of State
- South Carolina Department of Revenue (SCDOR)
- SCDOR: Sales & Use Tax
- SCDOR: Withholding
- Unemployment insurance reporting: Check official state source.
FAQ (5)
1) Does a South Carolina LLC have to file an annual report?
Many South Carolina LLCs do not file a yearly “annual report” with the Secretary of State. However, your LLC may still have annual or periodic tax filings with SCDOR. If your LLC is taxed as a corporation or has a special status, requirements can differ—check official state source.
2) What if my LLC is taxed as an S-corp or C-corp?
If your LLC elected S-corp or C-corp taxation, you may have corporate-style state income tax filing requirements. Confirm the correct SC return type and due date with SCDOR—check official state source.
3) How do I know if I need to file sales tax returns?
If you sell taxable goods or services in South Carolina and registered for sales tax, you must file returns on the schedule assigned by SCDOR (often monthly, quarterly, or annually). Check your SCDOR account and notices for your filing frequency.
4) Do I need to file anything if my LLC had no activity?
Even with little or no activity, you may still have “zero returns” due for sales tax/withholding if you are registered, and you may still have income tax filing obligations depending on your tax classification. Check official state source or a qualified tax professional.
5) Where can I confirm my LLC’s good standing and requirements?
Start with the South Carolina Secretary of State for entity information and SCDOR for tax accounts and filing requirements. If you are unsure which filings apply, check official state source.
Many owners use registered agents or filing services to avoid late fees and penalties.
Legal disclaimer
This article is for general informational purposes only and does not constitute legal, tax, or accounting advice. Filing requirements can change, and your obligations depend on your LLC’s tax status and activities. For the most accurate guidance, consult the South Carolina Secretary of State and the South Carolina Department of Revenue, and consider speaking with a qualified attorney or tax professional.