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(1) An original return is considered to be the return that is due on the fifteenth day of the fourth month after the close of the taxpayer's tax year.

(2) Original returns are Montana Forms 2, 2EZ, and FID-3 only. Montana Form 2M applies only to tax year 2014 and prior years.

(3) An amended return is not an original return but only a correction to an original return.

(4) An amended return will not be accepted without an original return being on file with the department.

(5) Late file and late pay penalties are assessed as required under 15-1-216, MCA, on the correct amount due on the original return.

(6) The late file and late pay penalties will be adjusted based on the corrected amount of tax due, which results from an amended return, adjustment from an audit, or correction to the original return.

(7) If required by 15-1-216, MCA, interest will be calculated on the original return. If an amendment is made to the original return, interest will be calculated as required under 15-30-2609 or 15-30-2602, MCA, as of the due date in (1).

(8) An extension of time to file an original return does not extend the time to pay. When an original return is filed before the extension date and payment is not made, the return is subject to late pay penalties.

(9) If an extension of time to file has been made and the original return was not filed before the extension deadline, the original return is subject to late file and late pay penalties.

(10) When an original return for tax years beginning on or after January 1, 2010, is filed after the extended due date, and the department does not issue the requested refund within 45 days of receiving the return, interest as allowed under 15-30-2609, MCA, is payable from the date the return was filed. For example, an original return for tax year 2016 requesting a refund is filed November 12, 2017, and the department does not issue the refund until January 30, 2018. Refund interest is payable from the date the return was filed (November 12, 2017) until the date the refund was issued (January 30, 2018).

(11) The appeal process, provided in ARM 42.2.613 through 42.2.621, will apply to adjustments and corrections made by the department to a filed amended return.


History: 15-30-2620, MCA; IMP, 15-1-216, 15-30-2512, 15-30-2602, 15-30-2609, MCA; NEW, 1988 MAR p. 2745, Eff. 12/23/88; AMD, 1992 MAR p. 2555, Eff. 11/26/92; AMD, 1996 MAR p. 2605, Eff. 10/4/96; AMD, 2002 MAR p. 1096, Eff. 4/12/02; AMD, 2005 MAR p. 1592, Eff. 12/17/04; AMD, 2006 MAR p. 85, Eff. 1/13/06; AMD, 2008 MAR p. 178, Eff. 2/1/08; AMD, 2010 MAR p. 1088, Eff. 4/30/10; AMD, 2010 MAR p. 3026, Eff. 12/24/10; AMD, 2013 MAR p. 178, Eff. 2/1/13; AMD, 2016 MAR p. 2073, Eff. 11/11/16.

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