Montana Administrative Code

42.15.433 DEFINITIONS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-33-105, MCA Implementing statute(s): Sec. 15-33-103, MCA History: NEW, 1982 MAR p. 1489, Eff. 7/30/82; REP, 2004 MAR p. 1965, Eff. 8/20/04.

42.15.434 CONDITIONS FOR EXEMPTION FOR DIVIDENDS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-33-105, MCA Implementing statute(s): Sec. 15-33-102, MCA History: NEW, 1982 MAR p. 1489, Eff. 7/30/82; REP, 2004 MAR p. 3147, Eff. 12/17/04.

42.15.435 REPORTING REQUIREMENTS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-33-105, MCA Implementing statute(s): Sec. 15-33-104, MCA History: NEW, 1982 MAR p. 1489, Eff. 7/30/82; REP, 2004 MAR p. 3147, Eff. 12/17/04.

42.15.436 DETERMINATION OF QUALIFIED INVESTMENTS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-33-105, MCA Implementing statute(s): Sec. 15-33-102, MCA History: NEW, 1982 MAR, p. 1489, Eff. 7/30/82; REP, 2004 MAR p. 3147, Eff. 12/17/04.

42.15.504 INVESTMENT CREDIT (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-30-305, MCA Implementing statute(s): Sec. 15-30-162, MCA History: NEW, 1978 MAR p. 727, Eff. 5/26/78; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD, 1983 MAR p. 1542, Eff. 10/28/83; AMD, 1984 MAR p. 2032, …

42.15.505 BUSINESS INVENTORY TAX CREDIT (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-30-305, MCA Implementing statute(s): Sec. 7, chap. 613, L. 1981 History: NEW, 1982 MAR p. 295, Eff. 2/12/82; REP, 1992 MAR p. 2555, Eff. 11/26/92.

42.15.507 DEFINITIONS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-30-305, 15-31-501, and 15-32-611, MCA Implementing statute(s): Sec. 15-30-165, 15-30-166, 15-30-167, 15-31-161, 15-31-162, 15-32-601, 15-32-602, 15-32-603, 15-32-604, 15-32-609, and 15-32-610, MCA History…

42.15.510 DEFINITIONS (REPEALED) (REPEALED) Authorizing statute(s): 15-30-2620, MCA Implementing statute(s): 15-30-2101, 15-30-2119, MCA History: NEW, 2004 MAR p. 3147, Eff. 12/17/04; AMD, 2010 MAR p. 1088, Eff. 4/30/10; REP, 2025 MAR, 42-1088, Eff. 1/25/25.

42.15.512 DETERMINATION OF APPROPRIATE SYSTEMS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-32-203, MCA Implementing statute(s): Sec. 15-32-201 and 15-32-202, MCA History: NEW, 1977 MAR p. 974, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD, 1985 MAR p. 1635, Eff.…

42.15.517 APPLICABILITY DATES (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-30-305 and 15-31-501, MCA Implementing statute(s): Sec. 15-30-165, 15-30-166, 15-30-167, 15-31-161, and 15-31-162, MCA History: NEW, 1998 MAR p. 1004, Eff. 4/17/98; REP, 2002 MAR p. 3722, Eff. 12/…

42.15.523 STANDARD DEDUCTION (REPEALED) (REPEALED) Authorizing statute(s): 15-30-2620, MCA Implementing statute(s): 15-30-2132, MCA History: Eff. 12/31/72; AMD, Eff. 11/3/75; AMD, 1982 MAR, p. 10, Eff. 1/15/82; AMD, 1983 MAR p. 1465, Eff. 10/14/83; AMD and TRANS, from ARM 42.15.4…

42.15.524 ITEMIZED DEDUCTIONS OF MARRIED TAXPAYERS (REPEALED) (REPEALED) Authorizing statute(s): 15-30-2620, MCA Implementing statute(s): 15-30-2110, 15-30-2131, MCA History: Eff. 12/31/72; AMD and TRANS, from ARM 42.15.423, 2004 MAR p. 3147, Eff. 12/17/04; AMD, 2008 MAR p. 178, …

42.15.525 MONTANA ADJUSTED GROSS INCOME TO BE USED WHEN CALCULATING ITEMIZED DEDUCTIONS (REPEALED) (REPEALED) Authorizing statute(s): 15-30-2620, MCA Implementing statute(s): 15-30-2131, MCA History: Eff. 12/31/72; AMD, Eff. 11/3/75; AMD, 1982 MAR, p. 10, Eff. 1/15/82; AMD, 1983 …

42.15.526 SMALL BUSINESS LIABILITY FUNDS (REPEALED) (REPEALED) Authorizing statute(s): 15-30-2620, 15-31-501, MCA Implementing statute(s): 15-30-2118, 15-30-2141, 15-31-117, 15-31-118, MCA History: NEW, 1987 MAR p. 2390, Eff. 12/25/87; AMD, 2000 MAR p. 3557, Eff. 12/22/00; AMD an…

42.15.527 DEDUCTION PROVIDED UNDER INTERNAL REVENUE CODE SECTION 199A NOT ALLOWED (REPEALED) (REPEALED) Authorizing statute(s): 15-1-201, 15-30-2620, MCA Implementing statute(s): 15-30-2131, 15-30-2620, MCA History: NEW, 2018 MAR p. 2311, Eff. 11/17/18; REP, 2025 MAR, 42-1088, Ef…

42.15.601 MEDICAL CARE SAVINGS ACCOUNT ADMINISTRATOR REGISTRATION Every account administrator except a self-administered account holder is required to register on a form provided by the department. The registration form must contain: the name, address, identification number of th…

42.15.602 MEDICAL CARE SAVINGS ACCOUNT REPORTING AND PAYMENTS A Montana medical care savings account (MSA) is subject to the following requirements: The MSA must have a unique account holder who is an individual and a resident of Montana. A jointly held account does not qualify. …

42.15.603 MEDICAL CARE SAVINGS ACCOUNT - WITHDRAWALS, PENALTIES, AND TRANSFERS The funds held in a Montana medical care savings account (MSA) may be withdrawn by the account holder free of tax at any time during the year if they are qualified withdrawals. Except as provided in (7…

42.15.604 INDIVIDUAL LIABILITY If a corporate account administrator, limited liability company, or a limited partnership fails to withhold or fails to remit any penalties withheld to the department as required, the officers and owners are individually responsible for the penaltie…

42.15.605 DEFINITIONS The following definitions apply to this subchapter: "Account administrator" means, in addition to the definition found in 15-61-102, MCA, any person, partnership, limited liability company, limited liability partnership, or corporation that acts as a third-p…

42.15.703 ELIGIBILITY (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-30-305, MCA Implementing statute(s): Sec. 15-30-105, MCA History: NEW, 1996 MAR p. 2985, Eff. 10/4/96; REP, 2002 MAR p. 3708, Eff. 12/27/02.

42.15.706 RESPONSIBILITY OF ENTITY (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-30-305, MCA Implementing statute(s): Sec. 15-30-105, MCA History: NEW, 1996 MAR p. 2985, Eff. 10/4/96; REP, 2004 MAR p. 1965, Eff. 8/20/04.

42.15.801 FAMILY EDUCATION SAVINGS PROGRAM ACCOUNT OWNERS AND DESIGNATED BENEFICIARIES (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-30-305 and 15-62-201, MCA Implementing statute(s): Sec. 15-30-111, 15-62-202, and 15-62-206, MCA History: NEW, 1998 MAR p. 680, Eff. 3/13/9…

42.15.802 CONTRIBUTIONS TO FAMILY EDUCATION SAVINGS PROGRAM ACCOUNTS The program administrator determines who can be an account owner and from whom it will accept contributions to an account. Account ownership and the acceptance of contributions are not related to the ability of …

42.15.803 WITHDRAWALS FROM FAMILY EDUCATION SAVINGS PROGRAM ACCOUNTS AND RECAPTURE TAX Penalties assessed for nonqualified withdrawals are not deductible in arriving at Montana taxable income. A rollover from one account to another or to an ABLE account is allowed under the same …

42.15.804 VERIFICATION OF FAMILY EDUCATION SAVINGS PROGRAM ACCOUNT CONTRIBUTIONS AND WITHDRAWALS Each program manager shall submit a report to the department via the state of Montana's secure file transfer service (or functional equivalent), by February 28 following the close of …

42.15.805 DEFINITIONS In addition to the terms defined in 15-62-103, MCA, the following definitions also apply to terms used in this subchapter: "Act" means the Family Education Savings Act, as referenced in 15-62-101, MCA. "Child" means a son, stepson, daughter, stepdaughter, or…

42.15.806 TAXATION OF FAMILY EDUCATION SAVINGS PROGRAM ACCOUNT EARNINGS Earnings on family education savings program accounts are not included in Montana taxable income when earned. The earnings will be included in Montana taxable income when distributed to the extent they are no…

42.15.807 EFFECTIVE DATE OF CONTRIBUTION FOR TAX PURPOSES For purposes of determining whether a contribution should be considered for one tax year or another, the date of mailing will be determinative. A certificate of mailing issued by the post office will be evidence of the dat…