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42.9.102    PASS-THROUGH ENTITY INFORMATION RETURNS

(1) Every pass-through entity with Montana source income is subject to the requirement in 15-30-1102 , MCA, to file pass-through entity information returns. Most pass-through entities are subject to an annual filing requirement. In general, the status of a pass-through entity is the same as its status for federal income tax purposes. Disregarded entities with Montana source income, whose separate existence is disregarded for federal income tax purposes, are subject to the information return filing requirements in this rule, even though no filing requirement may be imposed in the IRC. Some disregarded entities are required to file information returns only on the happening of an event. A pass-through entity falls into one of three categories:

(a) partnership;

(b) S corporation; or

(c) disregarded entity.

(2) Pass-through entity information returns are to be filed with the Montana Department of Revenue, P.O. Box 5805, Helena, Montana 59604-5805.

(3) On written application, and for good cause shown, the department may grant extensions for the filing requirements provided in this sub-chapter.

History: Sec. 15-1-201, 15-30-305, 15-30-1102, and 15-31-501, MCA; IMP, Sec. 15-30-142, 15-30-143, 15-30-301, 15-30-1102, 15-30-1111, 15-30-1112, 15-31-101, and 15-31-111, MCA; NEW, 2002 MAR p. 3708, Eff. 12/27/02.

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