South Dakota Late Fee Calculator

Work out interest on an overdue B2B invoice under South Dakota law. The legal default rate — what applies when the contract is silent — is 15%, and the statute is quoted verbatim below. All math runs locally in your browser.

15% legal default rate (contract silent)
Max written B2B rate
No cap on a rate fixed by written agreement (SDCL 54-3-1.1) — unless a maximum is set elsewhere in the code, and one is: a rate that only appears on a bill, statement, or invoice may not exceed 18%.
Cap regime
Conditional cap — 18% if the rate only appears on the bill, statement, or invoice; no cap if fixed by written agreement
Statute
SDCL 54-3-5, 54-3-16, 54-3-1.1
Verified
how we verify · changelog

Category F default rate when no written rate is fixed, from the day the balance is due/ascertained.

Pre-filled with South Dakota's statutory default (15%) — the rate that applies when no rate was agreed. If your contract states a different rate, enter that instead.

What South Dakota law actually says

Unless there is an express contract in writing fixing a different rate or the interest rate clearly appears on the bill, statement, or invoice, interest is payable on all moneys at the Category F rate of interest as established in § 54-3-16 after they become due [...] Any interest rate appearing on a bill, statement, or invoice may not exceed eighteen percent.
— SDCL 54-3-5. Read it at the official source · row verified 2026-08-21.

Quoted verbatim from the linked official source — not our paraphrase. How we source and re-check every row is documented in the data methodology.

Maximum late fee in South Dakota — written B2B contracts

Conditional cap 18% if the rate only appears on the bill, statement, or invoice; no cap if fixed by written agreement.

A rate fixed by written agreement — a document in physical or electronic form in which the parties have demonstrated their agreement to the rate — has no statutory maximum under SDCL 54-3-1.1. But that section applies only 'unless a maximum interest rate or charge is specifically established elsewhere in the code,' and SDCL 54-3-5 establishes one: a rate that merely appears on a bill, statement, or invoice may not exceed eighteen percent. Unilaterally printing 1.5%/month on an invoice is therefore the capped path, not the uncapped one.

Basis: SDCL 54-3-1.1; 54-3-5. Compare all 51 jurisdictions on the full state table and the cap-regime map.

B2B invoices only — not rent, not consumer debt

Everything on this page is about business-to-business invoices. Residential rent late fees live in South Dakota's landlord-tenant law and consumer credit has separate, stricter rules — two different bodies of law. The distinction is explained in B2B invoice late fees vs. residential rent.

Use this data

South Dakota's row — rate, cap, citation, verbatim quote, verification date — is part of our open 51-jurisdiction dataset: CSV · JSON (CC BY 4.0, cite myinvoicetemplate.com). Set late-fee terms on your next invoice with the free invoice generator, or state them clearly using the wording guidance in the payment terms guide.

South Dakota late fee FAQ

Can I charge late fees on overdue invoices in South Dakota?

Yes — on business-to-business invoices. If your contract or invoice states a late-fee rate, that rate governs (subject to the cap rules below). If nothing was agreed: 15%. Category F default rate when no written rate is fixed, from the day the balance is due/ascertained. Statute: SDCL 54-3-5, 54-3-16, 54-3-1.1, verified 2026-08-21. Consumer and rent debts follow separate laws.

What is the maximum late fee I can charge in South Dakota?

For a written B2B contract: No cap on a rate fixed by written agreement (SDCL 54-3-1.1) — unless a maximum is set elsewhere in the code, and one is: a rate that only appears on a bill, statement, or invoice may not exceed 18%. Basis: SDCL 54-3-1.1; 54-3-5. The full cap analysis is in the section above; this covers business-to-business deals only — consumer credit has stricter separate caps.

What interest applies if my contract doesn't mention late fees in South Dakota?

The statutory default rate of 15%. Category F default rate when no written rate is fixed, from the day the balance is due/ascertained. Statute: SDCL 54-3-5, 54-3-16, 54-3-1.1 (verbatim quote on this page, verified 2026-08-21).

Does this cover rent, apartment, or consumer late fees in South Dakota?

No. This page covers business-to-business invoices only. Residential rent late fees are governed by South Dakota's landlord-tenant law, and consumer credit for personal, family, or household purposes has its own stricter caps and disclosure rules. Those are different statutes than the commercial-interest law cited here.

Where does this data come from, and when was it verified?

Every figure on this page comes from our 51-jurisdiction dataset: each row researched against the controlling statute or the state's official current-rate page, independently re-checked, and stamped with its own verification date — South Dakota's row was last verified 2026-08-21. The operative legal text is quoted verbatim on this page with a link to the official source, the methodology is public, every verification pass is logged in the changelog, and the full dataset is downloadable (CC BY 4.0).