South Dakota Attorneys, Lawyers, and Law Firms Employee Retention Credit in SD (revised Jan. 2024)

South Dakota lawyers, law firms, attorneys and legal professionals in SD that were economically harmed during the pandemic will qualify for the employee retention tax credit. With South Dakota Courts shutdown and then limited, legal businesses suffered during 2020 and 2021 in SD.

In South Dakota, there are currently 1,010 South Dakota Lawyers employed according to the U.S. Bureau of Labor Statistics (BLS). This is a 6.40% change from the previous year. The average South Dakota Attorney salary is $100,100 in annual wages in SD.

The State Bar of South Dakota regulates and licenses attorneys and lawyers in SD.

Other South Dakota Attorney statistics from the American Bar Association (ABA) estimate 2,026 Lawyers certified in SD.

All the State of South Dakota legal occupations employ about 1,850 legal professionals that earn an average of $79,130 per year in SD wages.

Did your South Dakota CPA, accountant, tax expert, or financial planner tell you that your South Dakota law practice does not qualify for the employee retention credit in SD? They may be completely wrong. Don’t rely on the information provided by South Dakota professionals who may be unaware of all the detailed IRS guidelines that qualify for the ERC in South Dakota.

Key ERC Credit Takeaways You Will Learn:

  • ERC Eligibility for SD Legal Firms: South Dakota law firms impacted by COVID-19 may qualify for tax credits.
  • Impact of Court Shutdowns: Shutdowns and reduced court services in SD can make legal firms eligible.
  • Calculation of Qualifying Wages: Understanding which wages qualify is crucial for maximizing the credit.
  • Deadline for Filing: Firms must file for the ERC by specific deadlines to receive benefits.
  • Professional Assistance Available: Experts can help South Dakota law firms navigate the ERC filing process.

See Important 2024 Employee Retention Tax Credit Deadline Information at the Bottom of This Article.

South Dakota Employee Retention Tax Credit for Lawyers and Attorneys in SD

South Dakota attorneys, law offices, lawyers, and other specialized legal professionals in SD are eligible to claim the Employee Retention Credit (ERC). They can receive up to 50% of their qualified wages paid between March 12th, 2020, and December 31st, 2020, in the form of a refundable tax credit from the IRS.

South Dakota legal businesses that were established before February 15th, 2020, can receive a refundable tax credit amounting to 70% of qualified salaries and wages paid between January 1st, 2021, and September 30th, 2021. For SD law firms created or acquired after that date (referred to as a Recovery Start up), they are eligible for employee wage reimbursement up until December 31st, 2021.

The employee retention credit may be retroactively claimed for 2020 and 2021, through 2023, 2024, and 2025 for your legal practice or firm in South Dakota.

SD Employee Retention Credit, How it Works in South Dakota

With the South Dakota requirements and amount of the ERTC tax credits continually changing with the ERC program, SD attorneys, lawyers, and law firm principals and partners may find it difficult to understand if they qualify and how much they can claim. 

To maximize the benefits from this South Dakota employee retention tax credit, you must understand which quarters are eligible as well as which employees, wages, and payments meet the criteria for receiving the tax credit.

South Dakota Employee Retention Credit Eligibility Requirements for Law Firms, Attorneys, and Lawyers in SD

South Dakota legal firms can take advantage of employee retention credit in several ways.

For a South Dakota law office to be eligible for the program, it must have gone through an entire or partial closure because of COVID-19 government regulations or any other kind of government-mandated shut down during certain periods in either 2020 or 2021 as a result of this global pandemic.

A South Dakota law firm must demonstrate that it has had either a 2020 quarter with gross receipts at least 50% lower than the same quarter in 2019, or in 2021, quarters with 20% fewer gross receipts compared to the corresponding quarters of 2019. Each three-month period of 2020 and 2021 should be compared to its equivalent month period in 2019.

In South Dakota, did your law firm experience any of these?

Full or Partial Shutdowns in SD

If your legal office was fully or partially shut down for even a few days due to COVID-19, it would qualify your South Dakota law firm for the ERC tax credit.

South Dakota Shuttered Courts 

Maybe your SD office is not in the county where the courtrooms are, and the local government courtrooms and legal buildings were closed mostly. In this case, you were not able to proactively pursue cases. Therefore, the opposing party or company being sued had zero incentive to settle. This is a valid example for you to qualify to receive the tax credit in South Dakota.

Limitations on Jury Trials in South Dakota

Due to the shutdown in court operations, the number of jury trials is greatly reduced. This means that even if your legal office is not in the area of the closed courtrooms, you can still be eligible for the tax credit.

No In-Person South Dakota Depositions

The inability to conduct in-person depositions has also led to decreased civil court proceedings. Therefore, you may qualify for the tax credit if your law firm has been affected by this limitation.

No In-Person Client Meetings in SD

In some cases, due to the pandemic, SD attorneys were not able to meet with their clients in person. This was an obstacle for South Dakota attorneys in defending their cases. If your SD legal office dealt with this situation and had a decrease in revenue due to it, you may be eligible for the ERC tax credit.

Some South Dakota law firms may have had to reduce their clients’ services due to COVID-19, such as not offering in-person legal consultations due to travel restrictions or self-quarantine requirements. If that is the case for you, your legal consultation may be eligible for the ERC tax credit in South Dakota.

Accurately calculating the South Dakota employee retention credit for your firm requires attention to detail, especially when it comes to determining your total gross wages paid during a quarter. Without accurately calculating this figure, you won’t be able to receive the full benefit of this tax credit. Therefore, having a comprehensive understanding of how best to calculate these figures is essential.

Although the process of applying for the South Dakota ERTC has changed a bit, there’s still time to claim your ERC tax refund. Remember that this window won’t be open forever – it’ll shut in 2023, 2024, and 2025 based on 2020-2021 quarter evaluations. Don’t worry about running out of funds either. These refunds are calculated using each business’ qualifications and financials. The only way you can miss out is by not filing prior to the given deadlines for your practice in South Dakota.

Conclusion and Summary for South Dakota Attorneys, Lawyers, and Law Firms Employee Retention Credit in SD

To ensure your South Dakota Law Firm is in compliance with the Employee Retention Credit, it’s critical to keep all original records, including paystubs, W-2s, and other documents related to legal employee wages. Additionally, any government shutdown executive orders or restrictions in South Dakota should be documented.

By understanding the rules of the employee retention credit, law firms, attorneys, and lawyers in South Dakota can make sure they’re getting all the financial relief tax benefits due to them. The ERTC provides an opportunity for legal businesses affected by COVID-19 in South Dakota to recoup some financial losses.

Disaster Loan Advisors™ can assist your law business with the complex and confusing Employee Retention Credit (ERC) and Employee Retention Tax Credit (ERTC) program, without you having to sacrifice an excessive percentage of your hard-earned ERC refund. 

DLA doesn’t charge a percent like many companies do. Our flat fee structure is fair and reasonable based on the amount of work involved. Keep More of Your Refund™ 

Depending on eligibility, legal professionals and law firm principals and partners can receive up to $26,000 per employee based on the number of W2 employees you had on the payroll in 2020 and 2021.

The ERC / ERTC Program is a valuable IRS tax credit you can claim for your South Dakota law practice.

Schedule Your Free South Dakota Employee Retention Credit Consultation to see what amount of employee retention credit tax refund you qualify for your legal practice in South Dakota.

ERC Deadline Urgency in 2024

April 15, 2024 Deadline for the 2020 ERC Tax Year

The deadline is coming up for the final opportunity to retroactively claim your business Employee Retention Credit for the past 2020 tax year. With the April 15, 2024 deadline fast approaching, we urge you; don’t let this final chance pass!

While not all businesses will qualify, as it depends on multiple factors per IRS Rules and Guidelines, you might be leaving significant financial relief on the table from prior COVID impact to your business during the past 2020 and 2021 business operation years.

Last year, in September 2023, the IRS temporarily paused processing ERC Claims for the remainder of last year. We at Disaster Loan Advisors (DLA) predicted this over one year ago when we made this ERC video warning business owners. See the ten-minute mark of the video for details. 


Even though the IRS has temporarily paused processing, you will still want to check eligibility and file now (if you qualify) because once the IRS will resume processing, ERC tax credit claims are processed in the order they are received.

If you haven’t previously filed for the ERC Credit, it is worth scheduling a phone call to at least explore your possible eligibility from both the past 2020 and 2021 business tax years. Contact us today for a deep-dive analysis to determine if your business qualifies one or more quarters from the 2020 and / or 2021 tax years.