reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-306. Definition of property factor

15-31-306. (Temporary) Definition of property factor.
The property factor is provided for in Article IV, subsection (10), of 15-1-601. (Repealed effective January 1, 2025--sec. 10, Ch. 51, L. 2023, sec. 11, Ch. 51, L. 2023.)
History: En. Sec. 3, Ch. 166, L. 1933; re-en. Sec. 2297.1, R.C.M. 1935; amd. Sec. 1, Ch. 219, L. 1957; amd. Sec. 1, Ch. 143, L. 1969; amd. Sec. 55, Ch. 516, L. 1973; amd. Sec. 2, Ch. 5, L. 1974; R.C.M. 1947, 84-1503(10); amd. Sec. 8, Ch. 268, L. 2017.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-307. Values used for property factor

15-31-307. (Temporary) Values used for property factor.
Property owned by the taxpayer is valued as provided in Article IV, subsections (11) and (12), of 15-1-601. (Repealed effective January 1, 2025--sec. 10, Ch. 51, L. 2023, sec. 11, Ch. 51, L. 2023.)
History: En. Sec. 3, Ch. 166, L. 1933; re-en. Sec. 2297.1, R.C.M. 1935; amd. Sec. 1, Ch. 219, L. 1957; amd. Sec. 1, Ch. 143, L. 1969; amd. Sec. 55, Ch. 516, L. 1973; amd. Sec. 2, Ch. 5, L. 1974; R.C.M. 1947, 84-1503(11), (12); amd. Sec. 9, Ch. 268, L. 2017.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-308. Definition of payroll factor

15-31-308. (Temporary) Definition of payroll factor.
The payroll factor is provided for in Article IV, subsection (13), of 15-1-601. (Repealed effective January 1, 2025--sec. 10, Ch. 51, L. 2023, sec. 11, Ch. 51, L. 2023.)
History: En. Sec. 3, Ch. 166, L. 1933; re-en. Sec. 2297.1, R.C.M. 1935; amd. Sec. 1, Ch. 219, L. 1957; amd. Sec. 1, Ch. 143, L. 1969; amd. Sec. 55, Ch. 516, L. 1973; amd. Sec. 2, Ch. 5, L. 1974; R.C.M. 1947, 84-1503(13); amd. Sec. 10, Ch. 268, L. 2017.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-309. Payroll factor for compensation in this state

15-31-309. (Temporary) Payroll factor for compensation in this state.
Compensation is paid in this state as provided in Article IV, subsection (14), of 15-1-601. (Repealed effective January 1, 2025--sec. 10, Ch. 51, L. 2023, sec. 11, Ch. 51, L. 2023.)
History: En. Sec. 3, Ch. 166, L. 1933; re-en. Sec. 2297.1, R.C.M. 1935; amd. Sec. 1, Ch. 219, L. 1957; amd. Sec. 1, Ch. 143, L. 1969; amd. Sec. 55, Ch. 516, L. 1973; amd. Sec. 2, Ch. 5, L. 1974; R.C.M. 1947, 84-1503(14); amd. Sec. 11, Ch. 268, L. 2017.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-310. Definition of receipts factor

15-31-310. (Temporary) Definition of receipts factor.
The receipts factor is provided for in Article IV, subsection (15), of 15-1-601.
15-31-310. (Effective January 1, 2025) Definition of receipts factor.
The receipts factor is provided for in Article IV, subsection (10), of 15-1-601.
History: En. Sec. 3, Ch. 166, L. 1933; re-en. Sec. 2297.1, R.C.M. 1935; amd. Sec. 1, Ch. 219, L. 1957; amd. Sec. 1, Ch. 143, L. 1969; amd. Sec. 55, Ch. 516, L. 1973; amd. Sec. 2, Ch. 5, L. 1974; R.C.M. 1947, 84-1503(15); amd. Sec. 12, Ch. 268, L. 2017; amd. Sec. 5, Ch. 51, L. 2023.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-311. Receipts factor for receipts in this state

15-31-311. (Temporary) Receipts factor for receipts in this state.
(1) Receipts from the sale of tangible personal property are in this state as provided for in Article IV, subsection (16), of 15-1-601.
(2) Receipts, other than receipts provided for in subsection (1), are in this state as provided for in Article IV, subsection (17), of 15-1-601.
15-31-311. (Effective January 1, 2025) Receipts factor for receipts in this state.
(1) Receipts from the sale of tangible personal property are in this state as provided for in Article IV, subsection (11), of 15-1-601.
(2) Receipts, other than receipts provided for in subsection (1), are in this state as provided for in Article IV, subsection (12), of 15-1-601.
History: En. Sec. 3, Ch. 166, L. 1933; re-en. Sec. 2297.1, R.C.M. 1935; amd. Sec. 1, Ch. 219, L. 1957; amd. Sec. 1, Ch. 143, L. 1969; amd. Sec. 55, Ch. 516, L. 1973; amd. Sec. 2, Ch. 5, L. 1974; R.C.M. 1947, 84-1503(16), (17); amd. Sec. 13, Ch. 268, L. 2017; amd. Sec. 6, Ch. 51, L. 2023.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-312. Apportionment formula -- unitary business provisions

15-31-312. (Temporary) Apportionment formula -- unitary business provisions.
(1) If the allocation and apportionment provisions of this part do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition for or the tax administrator may require, in respect to all or any part of the taxpayer's business activity, if reasonable:
(a) separate accounting, provided the taxpayer's activities in this state are separate and distinct from its operations conducted outside this state and are not a part of a unitary business operation conducted within and without this state; or
(b) the application of the provisions of Article IV, subsections (18)(a)(ii) through (18)(a)(iv), of 15-1-601.
(2) If the allocation and apportionment provisions of this part do not fairly represent the extent of business activity in this state of taxpayers engaged in a particular industry or in a particular transaction or activity, Article IV, subsection (18)(b), of 15-1-601 applies.
15-31-312. (Effective January 1, 2025) Apportionment formula -- unitary business provisions.
(1) If the allocation and apportionment provisions of this part do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition for or the tax administrator may require, in respect to all or any part of the taxpayer's business activity, if reasonable:
(a) separate accounting, provided the taxpayer's activities in this state are separate and distinct from its operations conducted outside this state and are not a part of a unitary business operation conducted within and without this state; or
(b) the application of the provisions of Article IV, subsections (13)(a)(ii) through (13)(a)(iv), of 15-1-601.
(2) If the allocation and apportionment provisions of this part do not fairly represent the extent of business activity in this state of taxpayers engaged in a particular industry or in a particular transaction or activity, Article IV, subsection (13)(b), of 15-1-601 applies.
History: En. Sec. 3, Ch. 166, L. 1933; re-en. Sec. 2297.1, R.C.M. 1935; amd. Sec. 1, Ch. 219, L. 1957; amd. Sec. 1, Ch. 143, L. 1969; amd. Sec. 55, Ch. 516, L. 1973; amd. Sec. 2, Ch. 5, L. 1974; R.C.M. 1947, 84-1503(18); amd. Sec. 14, Ch. 268, L. 2017; amd. Sec. 7, Ch. 51, L. 2023.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-313. Rules

15-31-313. Rules.
The department of revenue shall prescribe regulations to carry out this part and shall publish such regulations and amendments thereto.
History: En. Sec. 3, Ch. 166, L. 1933; re-en. Sec. 2297.1, R.C.M. 1935; amd. Sec. 1, Ch. 219, L. 1957; amd. Sec. 1, Ch. 143, L. 1969; amd. Sec. 55, Ch. 516, L. 1973; amd. Sec. 2, Ch. 5, L. 1974; R.C.M. 1947, 84-1503(19).
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-321. Definitions

15-31-321. Definitions.
As used in 15-31-321 through 15-31-326, unless the context requires otherwise, the following definitions apply:
(1) "Affiliated corporation" means a United States parent corporation and any subsidiary of which more than 50% of the voting stock is owned directly or indirectly by another corporate member of the water's-edge combined group.
(2) "United States" means the 50 states of the United States, the District of Columbia, and any territory or possession of the United States.
(3) "Water's-edge combined group" means all corporations or entities included in the election of a taxpayer under 15-31-322.
History: En. Sec. 1, Ch. 616, L. 1987; amd. Sec. 1, Ch. 750, L. 2023.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-322. Water's-edge election

15-31-322. Water's-edge election.
Notwithstanding any other provisions of law, a taxpayer subject to the taxes imposed under this chapter may apportion its income under this section. A return under a water's-edge election must include the income and apportionment factors of the following affiliated corporations only:
(1) a corporation incorporated in the United States in a unitary relationship with the taxpayer and eligible to be included in a federal consolidated return as described in 26 U.S.C. 1501 through 1505 that has more than 20% of its payroll and property assignable to locations inside the United States. For purposes of determining eligibility for inclusion in a federal consolidated return under this subsection (1), the 80% stock ownership requirements of 26 U.S.C. 1504 must be reduced to ownership of over 50% of the voting stock directly or indirectly owned or controlled by an includable corporation.
(2) domestic international sales corporations, as described in 26 U.S.C. 991 through 994, and foreign sales corporations, as described in 26 U.S.C. 921 through 927;
(3) export trade corporations, as described in 26 U.S.C. 970 and 971;
(4) foreign corporations deriving gain or loss from disposition of a United States real property interest to the extent recognized under 26 U.S.C. 897; or
(5) a corporation incorporated outside the United States if over 50% of its voting stock is owned directly or indirectly by the taxpayer and if more than 20% of the average of its payroll and property is assignable to a location inside the United States.
History: En. Sec. 2, Ch. 616, L. 1987; amd. Sec. 3, Ch. 521, L. 2003; amd. Sec. 1, Ch. 11, L. 2009; amd. Sec. 12, Ch. 163, L. 2019; amd. Sec. 2, Ch. 750, L. 2023.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-323. Apportionment factors

15-31-323. Apportionment factors.
For purposes of 15-31-322, the location of payroll and property is determined under the individual state's laws and regulations that set forth the apportionment formulas used to assign net income subject to taxes on or measured by net income. If a state does not impose a tax on or measured by net income, apportionment is determined under this chapter.
History: En. Sec. 3, Ch. 616, L. 1987; amd. Sec. 4, Ch. 521, L. 2003; amd. Sec. 3, Ch. 750, L. 2023.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-324. Water's-edge election period -- consent -- change of election

15-31-324. Water's-edge election period -- consent -- change of election.
(1) A water's-edge election may be made by a taxpayer and is effective only if every affiliated corporation subject to the taxes imposed under this chapter consents to the election. Consent by the common parent of an affiliated group constitutes consent of all members of the group. An affiliated corporation that becomes subject to taxes under this chapter after the water's-edge election is considered to have consented to the election. The election must disclose the identity of the taxpayer and the identity of any affiliated corporation in which the taxpayer owns directly or indirectly more than 50% of the voting stock of the affiliated corporation.
(2) Except as provided in subsection (3), each water's-edge election must be for 3-year renewable periods.
(3) A water's-edge election may be changed by a taxpayer before the end of each 3-year period only with the permission of the department. In granting a change of election, the department shall impose reasonable conditions that are necessary to prevent the avoidance of tax or clearly reflect income for the election period prior to the change.
History: En. Sec. 4, Ch. 616, L. 1987; amd. Sec. 5, Ch. 521, L. 2003; amd. Sec. 4, Ch. 750, L. 2023.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-325. Treatment of dividends

15-31-325. Treatment of dividends.
For purposes of 15-31-321 through 15-31-326, dividends must be treated as follows:
(1) Dividends received from corporations incorporated outside the United States, to the extent taxable, are considered income subject to apportionment.
(2) The after-tax net income of United States corporations excluded from eligibility as affiliated corporations under 15-31-322 and possession corporations described in sections 931 through 934 and 936 of the Internal Revenue Code are considered dividends received from corporations incorporated outside the United States.
(3) Amounts included in income under sections 951 through 962 and 964 of the Internal Revenue Code are considered dividends from corporations incorporated outside the United States.
(4) Eighty percent of all dividends apportionable under this section must be excluded from income subject to apportionment.
(5) "Deemed" distributions, as set forth in section 78 of the Internal Revenue Code, and corresponding amounts with respect to dividends considered received under subsection (2) of this section must be excluded from the income of the water's-edge combined group.
(6) The dividends apportionable under this section are in lieu of any expenses attributable to dividend income.
(7) A dividend from a corporation required to be combined in the water's-edge combined group must be eliminated from the calculation of apportionable income.
History: En. Sec. 5, Ch. 616, L. 1987; amd. Sec. 5, Ch. 750, L. 2023.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 3. Allocation and Apportionment of Income › 15-31-326. Domestic disclosure spreadsheet

15-31-326. Domestic disclosure spreadsheet.
The department may require a taxpayer making a water's-edge election to submit within 6 months after the taxpayer files its federal income tax return a domestic disclosure spreadsheet to provide full disclosure of the income reported to each state for the year, the tax liability for each state, the method used for allocating or apportioning income to the states, and the identity of the water's-edge corporate group and those of its United States affiliated corporations.
History: En. Sec. 6, Ch. 616, L. 1987; amd. Sec. 6, Ch. 521, L. 2003; amd. Sec. 6, Ch. 750, L. 2023.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 4. Alternative Corporate Income Tax › 15-31-401. Application of corporate income tax and alternative corporate income tax

15-31-401. Application of corporate income tax and alternative corporate income tax.
(1) It is the intent of the legislature that the corporate income tax must be applied to all corporations subject to taxation under part 1 of this chapter. Except as provided in subsection (2), the alternative corporate income tax provided by this part must be applied to corporations that are not taxable under part 1 of this chapter but are taxable under an income tax.
(2) During its first 5 taxable years of activity in Montana, the net income earned from research and development activities by a research and development firm as described in 15-31-103 is not subject to either the corporate income tax provided in part 1 of this chapter or to the alternative corporate income tax provided in this part.
History: En. Sec. 1, Ch. 82, L. 1971; R.C.M. 1947, 84-6901; amd. Sec. 5, Ch. 659, L. 1987; amd. Sec. 21, Ch. 268, L. 2013.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 4. Alternative Corporate Income Tax › 15-31-402. Short title -- administration of part

15-31-402. Short title -- administration of part.
This part may be cited as the "Alternative Corporate Income Tax". The department shall administer the provisions of this part.
History: En. Sec. 2, Ch. 82, L. 1971; amd. Sec. 255, Ch. 516, L. 1973; R.C.M. 1947, 84-6902; amd. Sec. 22, Ch. 268, L. 2013.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 4. Alternative Corporate Income Tax › 15-31-404. Offset for corporate income taxes -- alternative corporate income tax collected considered corporate income tax

15-31-404. Offset for corporate income taxes -- alternative corporate income tax collected considered corporate income tax.
There must be offset against the alternative corporate income tax imposed for any period the amount of any tax imposed against the corporation for the same period under parts 1, 3, and 5 of this chapter. If taxes, interest, and penalties have been or will be assessed against, paid by, or collected from a corporation under this part and the assessment, payment, or collection should have been made under parts 1, 3, and 5 of this chapter, the taxes, interest, and penalties must be considered as having been assessed, paid, or collected under parts 1, 3, and 5 as of the date they were made.
History: En. Sec. 4, Ch. 82, L. 1971; R.C.M. 1947, 84-6904; amd. Sec. 32, Ch. 114, L. 2003; amd. Sec. 23, Ch. 268, L. 2013.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 4. Alternative Corporate Income Tax › 15-31-405. Information return -- period for assessment of tax

15-31-405. Information return -- period for assessment of tax.
When a corporation formerly subject to tax under part 1 of this chapter becomes subject to tax under this part, it shall file an information return for the income year in which the change occurs. The tax for the year in which the change occurs will be assessed under parts 1, 3, and 5 and not under this part. For years subsequent to the year in which the change occurs, the tax will be assessed under this part.
History: En. Sec. 5, Ch. 82, L. 1971; R.C.M. 1947, 84-6905; amd. Sec. 33, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 4. Alternative Corporate Income Tax › 15-31-406. Corporate income tax sections incorporated by reference

15-31-406. Corporate income tax sections incorporated by reference.
The provisions of the following sections of this chapter are incorporated into this part by reference and made a part of this part:
(1) that part of 15-31-101 that defines the term "corporation" and 15-31-102, which specifies the classes of organizations whose income may not be taxed;
(2) sections 15-31-111 through 15-31-114, 15-31-117 through 15-31-119, 15-31-141, 15-31-142, 15-31-301 through 15-31-313, 15-31-501 through 15-31-506, 15-31-509, 15-31-511, 15-31-525, 15-31-526, 15-31-531, 15-31-532, 15-31-541, and 15-31-543, except that the term "gross income" must be construed as excluding the net amount of interest income from valid obligations of the United States and except that wherever the words "tax", "corporate income tax", "license tax", "license fee", "corporation excise tax", or similar words appear, referring to the tax imposed under part 1 of this chapter, there is substituted the words "alternative corporate income tax".
History: En. Sec. 6, Ch. 82, L. 1971; R.C.M. 1947, 84-6906; amd. Sec. 14, Ch. 439, L. 1981; amd. Sec. 50, Ch. 370, L. 1987; amd. Sec. 2, Ch. 538, L. 1989; amd. Sec. 2, Ch. 135, L. 1993; amd. Sec. 24, Ch. 268, L. 2013.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 4. Alternative Corporate Income Tax › 15-31-407. Employment of personnel -- rules

15-31-407. Employment of personnel -- rules.
The department of revenue may employ personnel and adopt rules and forms as the department finds necessary to place this part in operation and to carry out its provisions.
History: En. Sec. 7, Ch. 82, L. 1971; amd. Sec. 258, Ch. 516, L. 1973; R.C.M. 1947, 84-6907.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 4. Alternative Corporate Income Tax › 15-31-408. Repealed

15-31-408. Repealed.
Sec. 66, Ch. 422, L. 1997.
History: En. Sec. 8, Ch. 82, L. 1971; R.C.M. 1947, 84-6908.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-501. Department rules -- conformance with Internal Revenue Code

15-31-501. Department rules -- conformance with Internal Revenue Code.
(1) The department of revenue shall prescribe forms for returns and notices and other regulations as may be necessary for the purpose of carrying into effect the provisions of this chapter.
(2) If a term is not defined in this chapter, the term has the same meaning as it does when used in a comparable context in the Internal Revenue Code.
History: En. Sec. 8, Ch. 79, L. 1917; re-en. Sec. 2303, R.C.M. 1921; amd. Sec. 4, Ch. 146, L. 1923; amd. Sec. 4, Ch. 166, L. 1933; re-en. Sec. 2303, R.C.M. 1935; amd. Sec. 5, Ch. 186, L. 1963; amd. Sec. 60, Ch. 516, L. 1973; R.C.M. 1947, 84-1508(part); amd. Sec. 2, Ch. 222, L. 2007.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-502. Assessment and payment of tax -- estimated tax payment -- amount of required installments

15-31-502. Assessment and payment of tax -- estimated tax payment -- amount of required installments.
(1) All taxpayers shall compute the amount of tax payable under this chapter and shall remit the amount to the department of revenue on or before the 15th day of the 5th month following the close of the tax period.
(2) (a) A corporation shall make estimated tax payments if its annual estimated tax is $5,000 or more. Subject to the due date provision in 15-31-111(2)(b), the estimated payments must be made in installments, as follows, if the $5,000 threshold is met or exceeded:
(i) For a corporation taxed on a calendar-year basis: For the following required installments the due date is:
1st
April 15
2nd
June 15
3rd
September 15
4th
December 15
(ii) For a corporation taxed on a fiscal-year basis: For the following required installments the due date is:
1st
15th day of the 4th month
2nd
15th day of the 6th month
3rd
15th day of the 9th month
4th
15th day of the 12th month
(b) Except as provided in 15-31-510, the amount of any required installment is 25% of the required annual payment. The required annual payment is the lesser of:
(i) 80% of the tax shown on the return for the tax year or, if a return is not filed, 80% of the tax for that year; or
(ii) 100% of the tax shown on the return of the corporation for the preceding tax year if the preceding tax year was a period of 12 months and if the corporation filed a return for that year.
(3) The application of this section to tax years of less than 12 months must be in accordance with rules adopted by the department.
(4) At the election of the corporation, any installment of the estimated tax may be paid before the date prescribed for its payment.
History: En. Sec. 5, Ch. 79, L. 1917; re-en. Sec. 2300, R.C.M. 1921; amd. Sec. 2, Ch. 146, L. 1923; re-en. Sec. 2300, R.C.M. 1935; amd. Sec. 1, Ch. 209, L. 1945; amd. Sec. 1, Ch. 102, L. 1961; amd. Sec. 4, Ch. 186, L. 1963; amd. Sec. 1, Ch. 324, L. 1969; amd. Sec. 67, Ch. 405, L. 1973; R.C.M. 1947, 84-1505(1); amd. Sec. 4, Ch. 634, L. 1979; amd. Sec. 1, Ch. 182, L. 1981; amd. Sec. 2, Ch. 9, Sp. L. June 1989; amd. Sec. 1, Ch. 92, L. 1993; amd. Sec. 8, Ch. 269, L. 2011.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-503. Deficiency assessment -- notice -- penalty and interest

15-31-503. Deficiency assessment -- notice -- penalty and interest.
(1) If the department determines that the amount of tax due is greater than the amount disclosed by the return, it shall mail to the taxpayer a notice, pursuant to 15-1-211, of the additional tax proposed to be assessed. The taxpayer may seek review of the determination pursuant to 15-1-211.
(2) Penalty and interest on any deficiency assessment must be calculated from the date specified in 15-31-502 for payment of the tax. Penalty and interest must be added to the deficiency as provided in 15-1-216. A certificate by the department of the mailing of the notice specified in subsection (1) is prima facie evidence of the computation and levy of the deficiency in tax and of the giving of the notice.
History: En. Sec. 1, Ch. 186, L. 1963; amd. Sec. 68, Ch. 405, L. 1973; R.C.M. 1947, 84-1508.1(a); amd. Sec. 10, Ch. 811, L. 1991; amd. Sec. 14, Ch. 594, L. 2005.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-504. Estimated tax on failure to file

15-31-504. Estimated tax on failure to file.
(1) If any taxpayer fails to make return as herein required, the department of revenue is authorized to make an estimate of the taxes due from such taxpayer from any information in its possession.
(2) For the purpose of ascertaining the correctness of any return or for the purpose of making an estimate of net income of any corporations where information has been obtained, the department shall also have power to examine or to cause to have examined by any agent or representative designated by it for that purpose any books, papers, records, or memoranda bearing upon the matters required to be included in the return and may require the attendance of any officer or employee of the corporation rendering such return or the attendance of any other person having knowledge in the premises and may take testimony and require proof material for its information.
History: En. Sec. 13, Ch. 166, L. 1933; re-en. Sec. 2303.9, R.C.M. 1935; amd. Sec. 2, Ch. 142, L. 1969; amd. Sec. 67, Ch. 516, L. 1973; R.C.M. 1947, 84-1517(1), (2).
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-505. Subpoenas -- investigation of income, and shifting

15-31-505. Subpoenas -- investigation of income, and shifting.
(1) Jurisdiction is hereby conferred upon the district court of the first judicial district of the state of Montana in and for the county of Lewis and Clark to compel attendance of witnesses to testify before the department of revenue, together with the production of books and such other testimony by appropriate process.
(2) When the department has reason to believe that the business of any corporation is so conducted as either directly or indirectly to distort the true net income of the corporation and the net income properly attributable to this state, whether by the arbitrary shifting of income through price fixing, charges for service, or otherwise, whereby the net income is arbitrarily assigned to one or another corporation carrying on business under a substantially common control, it may require the disclosure of such facts as it deems necessary for the proper computation of the entire net income and the net income properly attributable to this state, and in determining the same, the department shall have regard to the fair profits which would normally arise from the conduct of the business.
History: En. Sec. 8, Ch. 79, L. 1917; re-en. Sec. 2303, R.C.M. 1921; amd. Sec. 4, Ch. 146, L. 1923; amd. Sec. 4, Ch. 166, L. 1933; re-en. Sec. 2303, R.C.M. 1935; amd. Sec. 5, Ch. 186, L. 1963; amd. Sec. 60, Ch. 516, L. 1973; R.C.M. 1947, 84-1508(part).
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-506. Copy of federal return required -- report of amended federal return

15-31-506. Copy of federal return required -- report of amended federal return.
Every corporation shall, upon request of the department of revenue, furnish a copy of its federal income tax return and the computation schedule filed for the taxable year or years that the department may specify in its request. Except as provided in 15-30-3403 or 15-30-3404, if the amount of a corporation's taxable income reported on its federal income tax return or the computation schedule filed for a tax year is changed or corrected by the United States internal revenue service or other competent authority, the corporation shall file an amended Montana return with the department within 180 days after the final determination date. Except as provided in 15-30-3404, a corporation filing an amended federal income tax return changing or correcting its taxable income for a tax year shall also file an amended Montana return with the department within 180 days after filing an amended federal income tax return.
History: En. Sec. 13, Ch. 166, L. 1933; re-en. Sec. 2303.9, R.C.M. 1935; amd. Sec. 2, Ch. 142, L. 1969; amd. Sec. 67, Ch. 516, L. 1973; R.C.M. 1947, 84-1517(3); amd. Sec. 3, Ch. 68, L. 1999; amd. Sec. 13, Ch. 108, L. 2021.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-507. Repealed

15-31-507. Repealed.
Sec. 5, Ch. 135, L. 1993.
History: En. Sec. 7, Ch. 79, L. 1917; re-en. Sec. 2302, R.C.M. 1921; amd. Sec. 3, Ch. 146, L. 1923; re-en. Sec. 2302, R.C.M. 1935; amd. Sec. 59, Ch. 516, L. 1973; R.C.M. 1947, 84-1507.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-508. Repealed

15-31-508. Repealed.
Sec. 5, Ch. 135, L. 1993.
History: En. Sec. 14, Ch. 166, L. 1933; re-en. Sec. 2303.10, R.C.M. 1935; amd. Sec. 68, Ch. 516, L. 1973; R.C.M. 1947, 84-1518.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-521. Closing agreements

15-31-521. Closing agreements.
(1) The director of revenue or any person authorized in writing by the director is authorized to enter into an agreement with any taxpayer relating to the liability of the taxpayer in respect to the tax imposed by this chapter for any taxable period.
(2) Any agreement is final and conclusive, and except upon a showing of fraud or malfeasance or misrepresentation of a material fact:
(a) the case may not be reopened as to matters agreed upon or the agreement modified by any officer, employee, or agent of this state; and
(b) in any suit, action, or proceeding under the agreement or any determination, assessment, collection, payment, abatement, refund, or credit made in accordance with the agreement, the agreement may not be annulled, modified, set aside, or disregarded.
History: En. 84-1526 by Sec. 1, Ch. 353, L. 1977; R.C.M. 1947, 84-1526; amd. Sec. 23, Ch. 581, L. 1979; amd. Sec. 174, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-522. When immediate payment demanded

15-31-522. When immediate payment demanded.
If the department determines that the assessment or collection of the tax or a deficiency in tax due under any corporate income tax statute of Montana for any taxable period will be jeopardized in whole or in part by delay, it may mail notice of its findings to the taxpayer, together with a demand for immediate payment of the tax or deficiency declared to be in jeopardy, including penalty and accrued interest. In the case of a tax for a current period, the department may declare the taxable period of the taxpayer immediately terminated and shall mail or issue notice of its findings to the taxpayer, together with a demand for immediate payment of the tax based on the period declared terminated. A jeopardy assessment is immediately due and payable, and proceedings for collection may be commenced at once.
History: En. Sec. 1, Ch. 246, L. 1969; amd. Sec. 58, Ch. 516, L. 1973; R.C.M. 1947, 84-1505.2; amd. Sec. 26, Ch. 268, L. 2013.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-523. Suspension or forfeiture on delinquency

15-31-523. Suspension or forfeiture on delinquency.
(1) If a tax computed and levied under this chapter is not paid or if a return is not filed before 5 p.m. on the last day of the 11th month after the date of delinquency, the corporate powers, rights, and privileges of the delinquent taxpayer, if it is a domestic corporation, must be suspended, and if the delinquent taxpayer is a foreign corporation, it forfeits its rights to do intrastate business in this state. If a domestic corporation fails for a period of 5 consecutive years either to file a return or to pay the corporate income tax, the department shall notify the corporation by mail addressed to the latest address on file in its office that the corporation will become dissolved if it fails to file all delinquent reports and pay all delinquent corporate income taxes within a period of 60 days after the mailing of the notice. If the delinquent reports are not made and all delinquent taxes are not paid before the expiration of the 60-day period, the department shall certify this fact to the secretary of state, and upon receipt of the certificate, the corporation must be dissolved and the secretary of state shall indicate, by the secretary of state's records, the dissolution.
(2) The department shall transmit the name of each corporation described in subsection (1) to the secretary of state, who shall immediately record the transmission in a manner that is available to the public. The suspension, forfeiture, or dissolution provided for in this section becomes effective immediately when the record is made, and the certificate of the secretary of state is conclusive evidence of the suspension, forfeiture, or dissolution.
History: En. Sec. 10, Ch. 166, L. 1933; re-en. Sec. 2303.6, R.C.M. 1935; amd. Sec. 1, Ch. 94, L. 1947; amd. Sec. 64, Ch. 516, L. 1973; R.C.M. 1947, 84-1514; amd. Sec. 69, Ch. 575, L. 1981; amd. Sec. 175, Ch. 56, L. 2009; amd. Sec. 27, Ch. 268, L. 2013.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-524. Reviver of corporation after suspension or forfeiture

15-31-524. Reviver of corporation after suspension or forfeiture.
A corporation that has suffered the suspension or forfeiture referred to in 15-31-523 may be relieved upon making application in writing supported by a certificate from the department showing that the required return has been made and filed and that the tax and interest and penalties have been paid, for which the suspension or forfeiture occurred. Application for reviver may be made by any stockholder or creditor of the corporation or by a majority of the surviving trustees or directors. The application must be filed with the secretary of state and must be accompanied by a filing and recording fee of $15. If the application is made more than 1 year after the date the suspension or forfeiture occurred, the applicant shall pay twice the amount of the tax and penalties due the state for the tax year with respect to which the suspension or forfeiture occurred. Upon payment, the secretary of state shall issue a certificate of reviver for which the secretary of state shall collect a fee of $15, and upon issuance of the certificate, the applicant is revived. The reviver is without prejudice to any action, defense, or right that has accrued by reason of the original suspension or forfeiture. The certificate of reviver is prima facie evidence of the reviver. A certificate of reviver provided for in this section may be recorded in the office of the county clerk and recorder in any county of this state.
History: En. Sec. 11, Ch. 166, L. 1933; re-en. Sec. 2303.7, R.C.M. 1935; amd. Sec. 1, Ch. 49, L. 1947; amd. Sec. 15, Ch. 117, L. 1961; amd. Sec. 1, Ch. 52, L. 1967; amd. Sec. 65, Ch. 516, L. 1973; R.C.M. 1947, 84-1515; amd. Sec. 1, Ch. 156, L. 1987; amd. Sec. 176, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-525. Levy upon and sale of property

15-31-525. Levy upon and sale of property.
If any tax imposed by this chapter or any portion of such tax is not paid when due, the department of revenue may issue a warrant for distraint as provided in Title 15, chapter 1, part 7.
History: En. Sec. 5, Ch. 79, L. 1917; re-en. Sec. 2300, R.C.M. 1921; amd. Sec. 2, Ch. 146, L. 1923; re-en. Sec. 2300, R.C.M. 1935; amd. Sec. 1, Ch. 209, L. 1945; amd. Sec. 1, Ch. 102, L. 1961; amd. Sec. 4, Ch. 186, L. 1963; amd. Sec. 1, Ch. 324, L. 1969; amd. Sec. 67, Ch. 405, L. 1973; R.C.M. 1947, 84-1505(2); amd. Sec. 15, Ch. 439, L. 1981.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-526. Action by attorney general

15-31-526. Action by attorney general.
Action may be brought by the attorney general of the state at the instance of the department, in the name of the state, to recover the amount of any taxes, penalties, and interest due under this chapter.
History: En. Sec. 5, Ch. 79, L. 1917; re-en. Sec. 2300, R.C.M. 1921; amd. Sec. 2, Ch. 146, L. 1923; re-en. Sec. 2300, R.C.M. 1935; amd. Sec. 1, Ch. 209, L. 1945; amd. Sec. 1, Ch. 102, L. 1961; amd. Sec. 4, Ch. 186, L. 1963; amd. Sec. 1, Ch. 324, L. 1969; amd. Sec. 67, Ch. 405, L. 1973; R.C.M. 1947, 84-1505(3); amd. Sec. 12, Ch. 79, L. 1983.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-527. Repealed

15-31-527. Repealed.
Sec. 54, Ch. 439, L. 1981.
History: En. Sec. 1, Ch. 53, L. 1967; amd. Sec. 57, Ch. 516, L. 1973; R.C.M. 1947, 84-1505.1.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-531. Credit for overpayment -- interest on overpayment

15-31-531. Credit for overpayment -- interest on overpayment.
(1) If the department determines that the amount of tax, penalty, or interest due for any year is less than the amount paid, the amount of the overpayment must be credited against any tax, penalty, or interest then due from the taxpayer and the balance refunded to the taxpayer or its successor through reorganization, merger, or consolidation or to its shareholders upon dissolution.
(2) Except as provided in subsection (3), interest must be allowed on overpayments at the same rate as is charged on delinquent taxes, as provided in 15-1-216, due from the due date of the return or from the date of overpayment, whichever is later, to the date the department approves refunding or crediting of the overpayment.
(3) (a) Interest may not accrue during any period the processing of a claim for refund is delayed more than 30 days by reason of failure of the taxpayer to furnish information requested by the department for the purpose of verifying the amount of the overpayment.
(b) Interest is not allowed:
(i) if the overpayment is refunded within 6 months from the date the return is due or from the date the return is filed, whichever is later; or
(ii) if the amount of interest is less than $1.
(4) A payment not made incident to a bona fide and orderly discharge of an actual corporate income tax liability or one reasonably assumed to be imposed by this chapter is not considered an overpayment with respect to which interest is allowable.
History: En. Sec. 1, Ch. 186, L. 1963; amd. Sec. 68, Ch. 405, L. 1973; R.C.M. 1947, 84-1508.1(part); amd. Sec. 2, Ch. 589, L. 1981; amd. Sec. 16, Ch. 594, L. 2005; amd. Sec. 28, Ch. 268, L. 2013.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-532. Application for refund -- appeal from denial

15-31-532. Application for refund -- appeal from denial.
If the department of revenue disallows any claim for refund, it shall notify the taxpayer as provided in 15-1-211. The taxpayer may seek review of the decision pursuant to 15-1-211.
History: En. Sec. 1, Ch. 186, L. 1963; amd. Sec. 68, Ch. 405, L. 1973; R.C.M. 1947, 84-1508.1(part); amd. Sec. 11, Ch. 811, L. 1991.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-541. Site of failure to act -- evidence

15-31-541. Site of failure to act -- evidence.
The failure to do any act required by or under the provisions of this chapter shall be deemed an act committed in the office of the department of revenue in Helena, Montana. The certificates of the department to the effect that a tax has not been paid, that a return has not been filed, or that information has not been supplied as required by or under the provisions of this chapter shall be prima facie evidence that such tax has not been paid, that such return has not been filed, or that such information has not been supplied.
History: En. Sec. 8, Ch. 166, L. 1933; re-en. Sec. 2303.4, R.C.M. 1935; amd. Sec. 63, Ch. 516, L. 1973; R.C.M. 1947, 84-1512.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-542. Repealed

15-31-542. Repealed.
Sec. 18, Ch. 79, L. 1983.
History: En. Sec. 9, Ch. 166, L. 1933; re-en. Sec. 2303.5, R.C.M. 1935; R.C.M. 1947, 84-1513.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-543. Forfeiture of right to engage in business -- penalties

15-31-543. Forfeiture of right to engage in business -- penalties.
(1) A corporation that purposely fails to file a return at the time specified in 15-31-502 or that purposely files a false or fraudulent return may be adjudged by a court of competent jurisdiction to forfeit the right to continue to engage in business in the state as a corporation until the corporate income tax, together with all penalties, interest, and costs, is paid. The forfeiture may be enforced by proper proceedings in court.
(2) Each officer or employee of any corporation or other person who, without fraudulent intent, fails to file, sign, or verify any return or to supply any information within the time required by the provisions of this chapter is liable for the penalty imposed by 15-1-216. The department shall assess and collect any penalty in the same manner as is provided in this chapter with regard to delinquent taxes.
History: (1)En. Sec. 6, Ch. 79, L. 1917; re-en. Sec. 2301, R.C.M. 1921; re-en. Sec. 2301, R.C.M. 1935; Sec. 84-1506, R.C.M. 1947; (2)En. Sec. 12, Ch. 166, L. 1933; re-en. Sec. 2303.8, R.C.M. 1935; amd. Sec. 66, Ch. 516, L. 1973; Sec. 84-1516, R.C.M. 1947; R.C.M. 1947, 84-1506, 84-1516; amd. Sec. 13, Ch. 427, L. 1999; amd. Sec. 17, Ch. 594, L. 2005; amd. Sec. 29, Ch. 268, L. 2013.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-544. Action on false or fraudulent return

15-31-544. Action on false or fraudulent return.
Whenever a return is required to be filed and the taxpayer files a fraudulent return or fails to file the return, including a federal adjustments report under 15-30-3403 or 15-30-3404, the department may at any time assess the tax or begin a proceeding in court for the collection of the tax without assessment.
History: En. Sec. 1, Ch. 408, L. 1981; amd. Sec. 1, Ch. 222, L. 1983; amd. Sec. 15, Ch. 108, L. 2021.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-545. Repealed

15-31-545. Repealed.
Sec. 40, Ch. 594, L. 2005.
History: En. Sec. 1, Ch. 51, L. 1997; amd. Sec. 14, Ch. 427, L. 1999.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-551. Certified copies of corporate income tax returns to taxpayer -- fee

15-31-551. Certified copies of corporate income tax returns to taxpayer -- fee.
Certified copies of returns filed for corporate income tax under 15-31-111 may be furnished by the department to the taxpayer or the taxpayer's authorized representative upon payment of 50 cents for each page.
History: En. Sec. 1, Ch. 187, L. 1965; amd. Sec. 20, Ch. 516, L. 1973; R.C.M. 1947, 84-732(part); amd. Sec. 177, Ch. 56, L. 2009; amd. Sec. 30, Ch. 268, L. 2013.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-552. Corporation dissolution or withdrawal certificates and tax clearance certificates furnished

15-31-552. Corporation dissolution or withdrawal certificates and tax clearance certificates furnished.
(1) For purposes of voluntary withdrawal or dissolution as set forth in Title 35, upon request of a corporation, the department of revenue may furnish to it a dissolution or withdrawal certificate verifying that the corporation has filed all applicable returns and has paid all taxes owing the state up to the date of the request for dissolution or withdrawal.
(2) Upon final withdrawal or dissolution, the department may furnish to a corporation a tax clearance certificate verifying that the corporation has filed all applicable returns and that all taxes have been paid through and including the corporation's final year of existence in Montana.
History: En. Sec. 2, Ch. 187, L. 1965; amd. Sec. 21, Ch. 516, L. 1973; R.C.M. 1947, 84-733; amd. Sec. 1, Ch. 658, L. 1991; amd. Sec. 2, Ch. 69, L. 1999; amd. Sec. 1, Ch. 117, L. 2019; amd. Sec. 224, Ch. 271, L. 2019; amd. Sec. 1, Ch. 471, L. 2021.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-553. Fees to reimburse department for costs -- deposit in general fund

15-31-553. Fees to reimburse department for costs -- deposit in general fund.
All money collected under 15-31-551 and 15-31-552 must be used to reimburse the department of revenue and the commissioner of insurance for costs involved in the preparation of the copies and certificates. All money collected must go into the general fund.
History: En. Sec. 3, Ch. 187, L. 1965; amd. Sec. 22, Ch. 516, L. 1973; R.C.M. 1947, 84-734; amd. Sec. 2, Ch. 117, L. 2019.
2023 Montana Code Annotated › Title 15. Taxation › Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax › Part 5. Administration and Collection › 15-31-554. Returns to which sections apply

15-31-554. Returns to which sections apply.
The provisions of 15-31-551 through 15-31-553 shall apply to all returns on file and all returns to be filed hereafter.
History: En. Sec. 4, Ch. 187, L. 1965; R.C.M. 1947, 84-735.