Montana Administrative Code

42.23.601 REFUNDS AND CREDITS For tax periods beginning after March 13, 1997, no refund or credit may be allowed or paid with respect to the year for which a return is filed, unless, within three years from the last day prescribed for filing the return or after one year from the …

42.23.602 OVERDUE TAXES (REPEALED) Authorizing statute(s): 15-31-501, MCA Implementing statute(s): 15-31-501, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 104, Eff. 1/29/82; REP, 1996 MAR p. 1177, Eff. 4/26/96.

42.23.603 JEOPARDY ASSESSMENTS Section 15-31-522 , MCA, shall be applicable to those situations where the department finds that a taxpayer designs quickly to depart from the state or the United States, to remove its property therefrom, to cancel itself or its property therein, or…

42.23.604 INTEREST ON DEFICIENCIES (REPEALED) Authorizing statute(s): 15-31-501, MCA Implementing statute(s): 15-1-222, 15-31-503, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 104, Eff. 1/29/82; AMD, 1992 MAR p. 1764, Eff. 8/14/92; REP, 1996 MAR p. 1177, Eff. 4/26/96.

42.23.605 PENALTY AND INTEREST (REPEALED) Authorizing statute(s): 15-31-501, MCA Implementing statute(s): 15-1-216, 15-1-222, 15-31-502, 15-31-503, 15-31-510, MCA History: NEW, 1982 MAR p. 104, Eff. 1/29/82; AMD, 1992 MAR p. 1764, Eff. 8/14/92; AMD, 2001 MAR p. 2046, Eff. 10/12/0…

42.23.606 QUARTERLY ESTIMATED TAX PAYMENTS Effective for tax years beginning after December 31, 1993, every corporation must make estimated tax payments if its annual tax is $5,000 or more. The $5,000 threshold includes any applicable surtax. If the $5,000 threshold is met, the t…

42.23.607 COMPUTATION OF QUARTERLY ESTIMATED TAX UNDER-PAYMENT INTEREST Except as provided in (2), a taxpayer is presumed to have earned income evenly throughout the year. Accordingly, if the tax liability is $5,000 or more at the end of the year, the taxpayer is required to make…

42.23.608 BASIS FOR NOT WAIVING THE QUARTERLY ESTIMATED TAX UNDERPAYMENT INTEREST A taxpayer is not immune from the quarterly estimated payment requirement if the previous year's tax liability did not equal or exceed $5,000. A taxpayer is not immune from the quarterly estimated p…

42.23.609 SHORT PERIOD RETURNS Payments of estimated tax with respect to short taxable years are to be made at the times and in the amounts required for regular tax years as listed in 15-31-502 , MCA, except that any installment that is not paid before the 15th day of the last mo…

42.23.701 RECOGNITION OF A LIMITED LIABILITY COMPANY The Montana Limited Liability Company Act as codified in Title 35, chapter 8, MCA, is effective for tax periods beginning on or after October 1, 1993. The taxpayer must register as a limited liability company with the Montana s…

42.23.702 TAXATION OF A LIMITED LIABILITY COMPANY The taxation of a limited liability company in Montana depends upon its federal classification as a corporation or a partnership as determined by the IRS, regardless of whether an entity is recognized as a limited liability compan…

42.23.801 NET OPERATING LOSSES The net operating loss deduction is allowed as provided in the rules contained in this subchapter. The term "net operating loss deduction" means the aggregate of the net operating loss carryovers plus the net operating loss carrybacks applicable to …

42.23.802 CARRYOVERS OF NET OPERATING LOSSES For taxable periods beginning before January 1, 2018, a net operating loss is carried back to the third preceding taxable period from which it was incurred. Any balance remaining must be carried to the second preceding taxable period, …

42.23.803 FILINGS IN CONNECTION WITH NET OPERATING LOSSES Every corporation claiming a net operating loss deduction for any taxable period must file with its return for such period a schedule showing in detail the computation of the net operating loss deduction claimed. Corporati…

42.23.804 TREATMENT OF MERGERS, CONSOLIDATIONS, AND REORGANIZATIONS In the case of a merger of corporations, the surviving corporation may not claim a net operating loss deduction for net operating losses incurred by any of the merged corporations prior to the date of merger. Sim…

42.23.805 TREATMENT OF NET OPERATING LOSSES SPANNING A CHANGE IN REPORTING METHODS For purposes of this rule: "combined year" means a taxable period in which a corporation filed a unitary combined report as set forth in ARM 42.26.204; "water's-edge year" means a taxable period in…

42.24.101 QUALIFICATION TO BE A SMALL BUSINESS CORPORATION (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-201 and 15-31-202, MCA History: Eff. 12/31/72; AMD, Eff. 1/2/77; AMD, 1982 MAR p. 104, Eff. 1/29/82; AMD, 1983 MAR p. 1…

42.24.102 ELECTION AS TO TAX TREATMENT (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-202, MCA History: Eff. 12/31/72; AMD, Eff. 1/2/77; AMD, 1990 MAR p. 1715, Eff. 8/31/90; AMD, 1992 MAR p. 2395, Eff. 10/30/92; AMD, 2001 MAR…

42.24.103 NOTIFICATION TO DEPARTMENT THAT THE FILING OF A FEDERAL RETURN DOES NOT CONSTITUTE AN ELECTION UNDER ARM 42.24.102(3) (b) (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-202, MCA History: Eff. 12/31/72; AMD, Eff. 1/2…

42.24.104 TIME OF MAKING ELECTION (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-202, MCA History: Eff. 12/31/72; AMD, Eff. 1/2/77; AMD, 1983 MAR p. 1358, Eff. 9/30/83; REP, 1990 MAR p. 1715, Eff. 8/31/90.

42.24.105 STATEMENT OF SHAREHOLDER CONSENT (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-202, MCA History: Eff. 12/31/72; AMD, Eff. 1/2/77; REP, 1983 MAR p. 1358, Eff. 9/30/83.

42.24.106 CONSENT OF NEW SHAREHOLDERS (Is Hereby Re-pealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-202, MCA History: Eff. 12/31/72; AMD, Eff. 1/2/77; AMD, 1982 MAR p. 104, Eff. 1/29/82; REP, 1983 MAR p. 1358, Eff. 9/30/83.

42.24.107 REVOCATION OF ELECTION (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-202, MCA History: Eff. 12/31/72; AMD, Eff. 1/2/77; AMD, 1983 MAR p. 1358, Eff. 9/30/83; AMD, 1990 MAR p. 1715, Eff. 8/31/90; AMD, 1992 MAR p. 239…

42.24.108 TERMINATION OF ELIGIBILITY (Is Hereby Re-pealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-202, MCA History: Eff. 12/31/72; AMD, Eff. 1/2/77; AMD, 1983 MAR p. 1358, Eff. 9/30/83; REP, 1996 MAR p. 1177, Eff. 4/26/96.

42.24.121 RETURN OF ELECTING CORPORATION (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-202, MCA History: Eff. 12/31/72; AMD, Eff. 1/2/77; AMD, 2001 MAR p. 2047, Eff. 10/12/01; REP, 2002 MAR p. 3708, Eff. 12/27/02.

42.24.122 PAYMENT OF FEE BY CORPORATION (Is Hereby Re-pealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-202, MCA History: Eff. 12/31/72; AMD, Eff. 1/2/77; REP, 1996 MAR p. 1177, Eff. 4/26/96.

42.24.123 SHAREHOLDER RESPONSIBILITY AS TO CORPORATE INCOME (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-202, MCA History: Eff. 12/31/72; AMD, Eff. 1/2/77; AMD, 1992 MAR p. 2395, Eff. 10/30/92; REP, 2002 MAR p. 3708, Eff. 1…

42.24.201 TREATMENT OF INTEREST AND DIVIDENDS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-114, MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 104, Eff. 1/29/82; REP, 1996 MAR p. 1177, Eff. 4/26/96.

42.24.211 DEPARTMENT TRANSMITTAL OF TAX REVENUE DERIVED FROM CERTAIN FINANCIAL INSTITUTIONS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-701, MCA History: NEW, 1979 MAR p. 1553, Eff. 12/14/79; REP, 2001 MAR p. 2047, Eff. 10…

42.24.212 ALLOCATION OF REVENUE WHEN BRANCH OFFICES EXIST (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-702, MCA History: NEW, 1979 MAR p. 1553, Eff. 12/14/79; REP, 2001 MAR p. 2047, Eff. 10/12/01.

42.24.213 REPORT ON BRANCH OFFICES (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-702, MCA History: NEW, 1979 MAR p. 1553, Eff. 12/14/79; REP, 2001 MAR p. 2047, Eff. 10/12/01.

42.24.214 DETERMINATION OF ELIGIBLE TAXING JURISDICTIONS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-31-501, MCA Implementing statute(s): Sec. 15-31-702, MCA History: NEW, 1979 MAR p. 1553, Eff. 12/14/79; REP, 2004 MAR p. 1035, Eff. 4/23/04.

42.25.1001 DEFINITIONS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Title 15, Ch. 23, part 6 MCA History: NEW, Eff. 12/31/74; AMD and TRANS, from ARM 42.22.1201, 1986 MAR p. 2073, Eff. 12/27/86; AMD, 1988 MAR p. 980, Eff. 5/27/88; REP…

42.25.1002 NET PROCEEDS TAX RETURN (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-23-602, MCA History: NEW, Eff. 12/31/74; AMD and TRANS, from ARM 42.22.1202, 1986 MAR p. 2073, Eff. 12/27/86; REP, 1996 MAR p. 2001, Eff. 7/19/96.…

42.25.1003 PROCEDURE UPON DISSOLUTION (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-23-609, MCA History: NEW, Eff. 12/31/74; AMD and TRANS, from ARM 42.22.1203, 1986 MAR p. 2073, Eff. 12/27/86; REP, 1996 MAR p. 2001, Eff. 7/19/…

42.25.1004 VALUATION (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-23-603, MCA History: NEW, Eff. 12/31/74; AMD and TRANS, from ARM 42.22.1204, 1986 MAR p. 2073, Eff. 12/27/86; REP, 1996 MAR p. 2001, Eff. 7/19/96.

42.25.1005 NATURAL GAS EXEMPT FROM SEVERANCE TAX (IS Hereby Repealed.) Authorizing statute(s): Sec. 15-1-201, MCA Implementing statute(s): Sec. 15-36-121, MCA and Sec. 2, Ch. 656, L. 1987 History: NEW, 1983 MAR p. 1359, Eff. 9/30/83; AMD and TRANS, from ARM 42.22.1205, 1986 MAR p…

42.25.1006 NATURAL GAS EXEMPT FROM ONE-HALF THE NET PRO-CEEDS TAX (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-23-612 and 15-36-121, MCA History: NEW, 1983 MAR p. 1359, Eff. 9/30/83; AMD and TRANS, from ARM 42.22.1206, 1986 MA…

42.25.1007 STATUTE OF LIMITATIONS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-8-601 and 15-23-116, MCA History: NEW, 1983 MAR p. 1545, Eff. 10/28/83; AMD and TRANS, from ARM 42.22.1207, 1986 MAR p. 2073, Eff. 12/27/86; REP, 1…

42.25.1008 WINDFALL PROFIT TAX (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-23-603, 15-23-605, 15-23-615, and 15-23-616, MCA History: NEW, 1984 MAR p. 505, Eff. 3/30/84; AMD and TRANS, from ARM 42.22.1208, 1986 MAR p. 2073, Ef…

42.25.1009 GROSS SALES PROCEEDS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108 MCA Implementing statute(s): Secs. 15-23-602 and 15-23-603 MCA History: NEW, 1988 MAR p. 980, Eff. 5/27/88; REP, 1996 MAR p. 2001, Eff. 7/19/96.

42.25.101 REPORTING REQUIREMENTS Each person mining or extracting gold, silver, copper, lead, or other metals from any mine or mining property located within this state shall assay each shipment of ore, concentrate or slimes prior to its leaving the state. These assays shall be p…

42.25.1010 POLICY ON NET PROCEEDS DEDUCTIONS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Secs. 15-23-602 and 15-23-603 MCA History: NEW, 1988 MAR p. 980, Eff. 5/27/88; REP, 1996 MAR P. 2001, Eff. 7/19/96.

42.25.1011 TREATMENT OF ROYALTIES (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-23-603 and 15-23-605, MCA History: NEW, Eff. 12/31/74; AMD and TRANS, from ARM 42.22.1211, 1986 MAR p. 2073, Eff. 12/27/86; AMD, 1988 MAR p. 980, E…

42.25.1012 EXPENSES RELATED TO MACHINERY (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-23-603, MCA History: NEW, Eff. 12/31/74; AMD, 1986 MAR p. 460, Eff. 3/28/86; AMD and TRANS, from ARM 42.22.1212, 1986 MAR p. 2073, Eff. 12/2…

42.25.1013 LABOR COSTS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-23-603, MCA History: NEW, Eff. 12/31/74; AMD and TRANS, from ARM 42.22.1213, 1986 MAR p. 2073, Eff. 12/27/86; AMD, 1988 MAR p. 980, Eff. 5/27/88; REP, 1996 MA…

42.25.1014 COSTS OF IMPROVEMENTS, REPAIRS, AND BETTERMENTS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-23-603, MCA History: NEW, Eff. 12/31/74; AMD and TRANS, from ARM 42.22.1214, 1986 MAR p. 2073, Eff. 12/27/86; AMD, 1988 MA…

42.25.1015 DEDUCTIONS FOR DRILLING COSTS AND CAPITAL EXPENDITURES (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-23-604, MCA History: NEW, Eff. 12/31/74; AMD, 1983 MAR p. 1357, Eff. 9/30/83; AMD, 1986 MAR p. 460, Eff. 3/28/86; A…

42.25.1016 TREATMENT OF DEPLETION (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-23-603, MCA History: NEW, Eff. 12/31/74; AMD and TRANS, from ARM 42.22.1216, 1986 MAR p. 2073, Eff. 12/27/86; REP, 1996 MAR p. 2001, Eff. 7/19/96.…

42.25.1017 OTHER OPERATIONAL COSTS (Is Hereby Repealed.) Authorizing statute(s): Sec. 15-23-108, MCA Implementing statute(s): Sec. 15-23-603, MCA History: NEW, Eff. 12/31/74; AMD, 1986 MAR p. 460, Eff. 3/28/86; AMD and TRANS, from ARM 42.22.1217, 1986 MAR p. 2073, Eff. 12/27/86; …