Montana Administrative Code

42.4.1609 DETERMINATION OF NEW JOBS (REPEALED) Authorizing statute(s): 15-31-127, 15-31-501, MCA Implementing statute(s): 15-31-125, MCA History: NEW, Eff. 4/6/76; AMD and TRANS, from ARM 42.23.519, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2008 MAR p. 60, Eff. 1/18/08; REP, 2022 MAR …

42.4.1610 DETERMINATION OF WAGES (REPEALED) Authorizing statute(s): 15-31-127, 15-31-501, MCA Implementing statute(s): 15-31-125, MCA History: NEW, Eff. 4/6/76; AMD, 2000 MAR p. 1346, Eff. 5/26/00; TRANS, from ARM 42.23.520, 2004 MAR p. 1965, Eff. 8/20/04; REP, 2022 MAR p. 166, E…

42.4.1611 AVAILABILITY OF TAX CREDIT (REPEALED) Authorizing statute(s): 15-31-127, 15-31-501, MCA Implementing statute(s): 15-31-125, MCA History: NEW, Eff. 4/6/76; AMD, 2000 MAR p. 1346, Eff. 5/26/00; AMD and TRANS, from ARM 42.23.521, 2004 MAR p. 1965, Eff. 8/20/04; REP, 2022 M…

42.4.1612 WHEN CREDIT MAY BE CLAIMED (REPEALED) Authorizing statute(s): 15-31-127, 15-31-501, MCA Implementing statute(s): 15-31-125, MCA History: NEW, Eff. 4/6/76; TRANS, from ARM 42.23.522, 2004 MAR p. 1965, Eff. 8/20/04; REP, 2022 MAR p. 166, Eff. 1/29/22.

42.4.1702 CREDIT FOR EMERGENCY LODGING (REPEALED) Authorizing statute(s): 15-1-201, 15-30-2620, 15-31-501, MCA Implementing statute(s): 15-30-2103, 15-30-2381, 15-31-101, 15-31-102, 15-31-171, MCA History: NEW, 2009 MAR p. 12, Eff. 1/16/09; AMD, 2010 MAR p. 1209, Eff. 5/14/10; AM…

42.4.201 DEFINITIONS (REPEALED) Authorizing statute(s): 15-1-201, 15-32-105, MCA Implementing statute(s): 15-32-105, 15-32-109, MCA History: NEW, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2006 MAR p. 357, Eff. 2/10/06; AMD, 2008 MAR p. 387, Eff. 2/29/08; AMD, 2009 MAR p. 459, Eff. 5/1…

42.4.202 INDIVIDUAL INCOME TAX CREDIT FOR ENERGY CONSERVING EXPENDITURES (REPEALED) Authorizing statute(s): 15-1-201, MCA Implementing statute(s): 15-32-106, 15-32-109, MCA History: NEW, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2008 MAR p. 387, Eff. 2/29/08; AMD, 2013 MAR p. 216, Eff…

42.4.203 CREDIT FOR ENERGY CONSERVATION INVESTMENT (REPEALED) Authorizing statute(s): 15-1-201, 15-32-105, MCA Implementing statute(s): 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA History: NEW, 1977 MAR p. 971, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD, 1992 MAR p…

42.4.204 CAPITAL INVESTMENTS FOR QUALIFYING ENERGY CONSERVATION CREDIT (REPEALED) Authorizing statute(s): 15-1-201, 15-32-105, MCA Implementing statute(s): 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA History: NEW, 1977 MAR p. 972, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15…

42.4.205 TAX YEAR FOR CLAIMING THE ENERGY CONSERVATION CREDIT AND MULTIPLE UNITS OR INVESTORS (REPEALED) Authorizing statute(s): 15-1-201, 15-32-105, MCA Implementing statute(s): 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA History: NEW, 2006 MAR p. 357, Eff. 2/10/06; AMD, 200…

42.4.206 NEW CONSTRUCTION STANDARDS (REPEALED) Authorizing statute(s): 15-32-105, MCA Implementing statute(s): 15-32-105, 15-32-109, MCA History: NEW, 2006 MAR p. 357, Eff. 2/10/06; AMD, 2009 MAR p. 459, Eff. 5/1/09; AMD, 2010 MAR p. 1406, Eff. 6/11/10; REP, 2022 MAR p. 837, Eff.…

42.4.207 RECORD RETENTION REQUIREMENTS (REPEALED) Authorizing statute(s): 15-1-201, 15-32-105, MCA Implementing statute(s): 15-32-105, 15-32-106, 15-32-109, MCA History: NEW, 2006 MAR p. 357, Eff. 2/10/06; AMD, 2008 MAR p. 387, Eff. 2/29/08; AMD, 2010 MAR p. 1406, Eff. 6/11/10; R…

42.4.208 ANNUAL UPDATE OF CAPITAL INVESTMENTS QUALIFYING FOR THE ENERGY CONSERVATION CREDIT (REPEALED) Authorizing statute(s): 15-1-201, 15-32-105, MCA Implementing statute(s): 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA History: NEW, 2008 MAR p. 387, Eff. 2/29/08; AMD, 2013 …

42.4.209 STANDARDS AND RATINGS (REPEALED) Authorizing statute(s): 15-1-201, 15-32-105, MCA Implementing statute(s): 15-32-102, 15-32-105, 15-32-106, 15-32-109, MCA History: NEW, 2010 MAR p. 1406, Eff. 6/11/10; AMD, 2013 MAR p. 216, Eff. 2/15/13; AMD, 2014 MAR p. 2657, Eff. 10/24/…

42.4.2202 EMPLOYER APPRENTICESHIP TAX CREDIT Subject to the restriction that apprenticeship tax credits may not exceed the taxpayer's total tax liability, the total amount of credit an employer participating in a state-registered apprenticeship training program may claim is deter…

42.4.2301 DEFINITIONS The following definitions apply to terms used in this subchapter: "Agreement" means the contract for participation entered into between the Montana Department of Fish, Wildlife and Parks (FWP) and the landowner(s) for purposes of guaranteeing access to publi…

42.4.2302 CLAIMING THE UNLOCKING PUBLIC LANDS TAX CREDIT To claim the unlocking public lands tax credit, a claimant who is a landowner and has met the cooperative agreement (agreement) requirements of 87-1-294, MCA, must file a Montana tax return (Form 2 for individuals, Form FID…

42.4.2303 ALLOCATION OF CREDIT FOR ACCESS THROUGH LAND WITH MULTIPLE OWNERS AND LAND OWNED BY PASS-THROUGH ENTITIES For purposes of calculating the tax credit permitted by the unlocking public lands program, parcels held wholly or in part by an entity disregarded for tax purposes…

42.4.2402 INSURE MONTANA REFUNDABLE CREDIT (REPEALED) Authorizing statute(s): 15-30-2104, MCA Implementing statute(s): 15-30-2368, 33-22-2006, 33-22-2007, MCA History: NEW, 2010 MAR p. 2231, Eff. 9/24/10; REP, 2017 MAR p. 2095, Eff. 11/10/17.

42.4.2403 REDUCTION OF DEDUCTIONS ALLOWED FOR INSURANCE CLAIMS (REPEALED) Authorizing statute(s): 15-30-2104, MCA Implementing statute(s): 15-30-2368, 15-31-130, 33-22-2006, 33-22-2007, MCA History: NEW, 2010 MAR p. 2231, Eff. 9/24/10; AMD, 2013 MAR p. 216, Eff. 2/15/13; AMD, 201…

42.4.2404 COORDINATION WITH OTHER HEALTH INSURANCE CREDITS (REPEALED) Authorizing statute(s): 15-30-2104, MCA Implementing statute(s): 15-30-2367, 15-30-2368, 15-31-130, 15-31-132, 33-22-2006, 33-22-2007, MCA History: NEW, 2010 MAR p. 2231, Eff. 9/24/10; AMD, 2013 MAR p. 216, Eff…

42.4.2501 DEFINITIONS (REPEALED) Authorizing statute(s): 15-30-2620, 15-31-501, MCA Implementing statute(s): 15-32-701, MCA History: NEW, 2008 MAR p. 61, Eff. 1/18/08; AMD, 2009 MAR p. 419, Eff. 4/17/09; AMD, 2010 MAR p. 1209, Eff. 5/14/10; REP, 2017 MAR p. 2095, Eff. 11/10/17.…

42.4.2502 CARRYOVER AND RECAPTURE OF OILSEED CRUSH FACILITY TAX CREDIT (REPEALED) Authorizing statute(s): 15-30-2620, 15-31-501, MCA Implementing statute(s): 15-32-701, MCA History: NEW, 2008 MAR p. 61, Eff. 1/18/08; AMD, 2010 MAR p. 1209, Eff. 5/14/10; REP, 2017 MAR p. 2095, Eff…

42.4.2503 CARRYOVER AND RECAPTURE OF BIODIESEL OR BIOLUBRICANT PRODUCTION FACILITY TAX CREDIT (REPEALED) Authorizing statute(s): 15-30-2620, 15-31-501, MCA Implementing statute(s): 15-32-701, 15-32-702, MCA History: NEW, 2008 MAR p. 61, Eff. 1/18/08; AMD, 2010 MAR p. 1209, Eff. 5…

42.4.2504 CARRYOVER AND RECAPTURE OF BIODIESEL BLENDING AND STORAGE TAX CREDIT (REPEALED) (REPEALED) Authorizing statute(s): 15-30-2620, 15-31-501, MCA Implementing statute(s): 15-32-703, MCA History: NEW, 2008 MAR p. 61, Eff. 1/18/08; AMD, 2010 MAR p. 1209, Eff. 5/14/10; REP, 20…

42.4.2601 DEFINITIONS The following definitions apply to this subchapter: "Finished product" means a marketable product that has economic value and is ready to be used by a consumer. "Machinery or equipment" is property having a depreciable life of more than one year, whose prima…

42.4.2602 ADDITIONAL DEDUCTION FOR PURCHASE OF RECYCLED MATERIAL Businesses, including corporations, individuals, and partnerships, may take an additional 10 percent deduction of the expenses related to the purchase of recycled products used within Montana in their business if th…

42.4.2604 CREDIT FOR INVESTMENTS IN DEPRECIABLE EQUIPMENT OR MACHINERY TO COLLECT, PROCESS, OR MANUFACTURE A PRODUCT FROM RECLAIMED MATERIAL, OR PROCESS SOILS CONTAMINATED BY HAZARDOUS WASTES The credit is subject to the limitations outlined in 15-32-602 , MCA, and is available o…

42.4.2605 PERIOD COVERED FOR THE RECLAMATION AND RECYCLING CREDIT The credit must be taken in the tax year in which the machinery/equipment was acquired and placed into service. Any credit claimed is subject to review by the department. The department may request the assistance o…

42.4.2701 DEFINITIONS The following definitions apply to this subchapter: "Allowable contribution," for the purposes of the qualified endowment credit, means a charitable gift made to a qualified endowment. The contribution from an individual to a qualified endowment must be by m…

42.4.2703 ELIGIBILITY REQUIREMENTS TO HOLD A QUALIFIED ENDOWMENT To hold a qualified endowment under 15-30-2327(1)(c), MCA, an organization must be: incorporated or otherwise formed under the laws of Montana and exempt from federal income tax under 26 USC 501(c)(3); or a Montana …

42.4.2704 TAX CREDIT AND DEDUCTION LIMITATIONS The credit allowed a corporation, estate, trust, or individual against its tax liability for a contribution of a planned gift is the percentage, as shown in the following table, of the present value of the allowable contribution, as …

42.4.2705 CREATING A PERMANENT IRREVOCABLE FUND A permanent, irrevocable fund can be created by a restriction in the applicable planned gift document indicating the donor's intention that the contribution shall be held in a permanent, irrevocable fund. For planned gifts other tha…

42.4.2706 REPORTING REQUIREMENTS The donor must attach a copy of the following information to the tax return reporting the credit: a receipt acknowledging the amount of the allowable contribution from the: tax-exempt organization under 26 USC 501(c)(3) holding the qualified endow…

42.4.2707 QUALIFIED ENDOWMENT CREDIT FOR CORPORATIONS (REPEALED) Authorizing statute(s): 15-30-2620, 15-31-501, MCA Implementing statute(s): 15-30-2327, 15-30-2328, 15-30-2329, 15-31-161, 15-31-162, MCA History: NEW, 1998 MAR p. 1004, Eff. 4/17/98; AMD and TRANS, from ARM 42.15.5…

42.4.2708 DETERMINING PRESENT VALUE FOR THE ENDOWMENT CREDIT For purposes of determining the endowment credit, the present value of a contribution is the amount reported to the Internal Revenue Service for that contribution. The present value of a gift contributed to a qualified …

42.4.2801 DEFINITIONS (REPEALED) Authorizing statute(s): 15-1-201, 15-31-501, MCA Implementing statute(s): 15-31-132, MCA History: NEW, 2013 MAR p. 216, Eff. 2/15/13; AMD, 2014 MAR p. 2178, Eff. 9/19/14; REP, 2022 MAR p. 837, Eff. 5/28/22.

42.4.2802 HEALTH INSURANCE FOR UNINSURED MONTANANS CREDIT (REPEALED) Authorizing statute(s): 15-31-501, MCA Implementing statute(s): 15-30-2367, 15-31-132, 33-1-207, MCA History: NEW, 1992 MAR p. 1764, Eff. 8/14/92; AMD and TRANS, from ARM 42.23.503, 2004 MAR p. 1965, Eff. 8/20/0…

42.4.2803 DETERMINING NUMBER OF EMPLOYEES (REPEALED) Authorizing statute(s): 15-1-201, 15-31-501, MCA Implementing statute(s): 15-30-2367, 15-31-132, 33-1-207, MCA History: NEW, 2013 MAR p. 216, Eff. 2/15/13; AMD, 2014 MAR p. 2178, Eff. 9/19/14; REP, 2022 MAR p. 837, Eff. 5/28/22…

42.4.2902 COMPUTATION OF THE TAX CREDIT FOR THE PRESERVATION OF HISTORIC PROPERTIES Montana's tax credit for the preservation of historic buildings is to be computed using the federal credit allowed by 26 USC 47, which is a component of the federal general business credit. No oth…

42.4.2903 COMPUTATION OF TAX CREDIT FOR PRESERVATION OF HISTORIC PROPERTY FOR MARRIED TAXPAYERS (REPEALED) (REPEALED) Authorizing statute(s): 15-30-2620, MCA Implementing statute(s): 15-30-2342, 15-31-151, MCA History: NEW, 1998 MAR p. 184, Eff. 1/16/98; AMD and TRANS, from ARM 4…

42.4.2904 OWNERSHIP OF HISTORIC PROPERTY The credit is allowed to owners of the property who make qualified rehabilitation expenditures. A lessee that makes its own qualified rehabilitation expenditures to a certified historical building for which it is allowed a federal rehabili…

42.4.2905 CLAIMING THE HISTORIC PRESERVATION CREDIT Except as provided in (2), federal Form 3468, the form used in claiming the federal rehabilitation credit, must be attached to the applicable Montana tax returns. S corporations and entities taxable as partnerships must attach t…

42.4.3002 WHO MAY CLAIM THE INFRASTRUCTURE USER FEE CREDIT A claimant may claim a credit for the infrastructure user fee paid to a local government for an "infrastructure loan." The "infrastructure loan," as defined under ARM 8.97.1301, is a loan to the local government from the …

42.4.3003 CLAIMING THE INFRASTRUCTURE USER FEE CREDIT A taxpayer who qualifies for the infrastructure user fee credit may take the full credit for the fees paid. The credit is not to exceed the loan principal paid plus interest. When claiming the credit, the taxpayer must attach …

42.4.3004 RECAPTURE OF THE INFRASTRUCTURE USER FEE CREDIT If the board of investments determines that the loan to the local government has not met the conditions set forth in 17-6-309 , MCA, the credit for the infrastructure user fee shall be subject to recapture. The credit reca…

42.4.301 DEFINITIONS The following definitions apply to this subchapter: "Amenities" mean items or conditions that enhance the pleasantness or desirability of rental or retirement homes, or contribute to the enjoyment of the occupants, rather than their indispensable needs. Ameni…

42.4.302 COMPUTATION OF ELDERLY HOMEOWNER/RENTER TAX CREDIT When a claimant owns the dwelling but rents the land or owns the land and rents the dwelling, the claimant shall include on the claim form the rent-equivalent tax paid on the rented property to the property tax billed on…

42.4.303 CLAIMING AN ELDERLY HOMEOWNER/RENTER TAX CREDIT The elderly homeowner credit may be claimed by an eligible individual or, if an eligible individual dies before making a claim, by the personal representative of their estate, and must be made on Form 2EC, Montana Elderly H…

42.4.3102 CREDIT FOR CONTRACTOR'S GROSS RECEIPTS TAX - INDIVIDUAL INCOME TAX A resident or a nonresident taxpayer is allowed a credit against the taxpayer's Montana income tax liability for public contractor's gross receipts tax paid pursuant to the provisions of 15-50-205 and 15…