Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.9 - PASS-THROUGH ENTITIES › Subchapter 42.9.5 - Disregarded Entities › Rule 42.9.501 - PASS-THROUGH ENTITY INFORMATION RETURNS FOR SINGLE-MEMBER LLC TREATED AS DISREGARDED ENTITY

Current through Register Vol. 13, July 5, 2024
(1) Any
				single-member limited liability company (LLC) treated as a disregarded entity
				that has Montana source income, whether formed in Montana or in another state
				or country, must file a Montana Disregarded Entity Information Return, Form
				DER-1, as provided in this rule unless the sole member is an individual who has
				been a full-year Montana resident during the applicable reporting period.
(2) If the single member of the
				LLC is a C corporation, the LLC must file the return on or before the 15th day
				of the third month following the close of the C corporation's annual accounting
				period.
(3) If the single member
				of the LLC is an S corporation, the LLC must file the return on or before the
				15th day of the third month following the close of the S corporation's annual
				accounting period.
(4) If the
				single member of the LLC is a qualified subchapter S subsidiary, the LLC must
				file the return on or before the due date of the parent S corporation's
				information return.
(5) If the
				single member of the LLC is a real estate investment trust (REIT), the LLC must
				file the return on or before the 15th day of the third month after the close of
				the REIT's annual accounting period.
(6) If the single member of the LLC is a
				qualified REIT subsidiary, the LLC must file the return on or before the due
				date of the parent REIT's information return.
(7) If the single member of the LLC is an
				individual, estate, or non-grantor trust, the LLC must file the return on or
				before the 15th day of the fourth month following the close of the annual
				accounting period of the individual, estate, or trust.
(8) If the single member of the LLC is a
				partnership, the LLC must file the return on or before the 15th day of the
				third month following the close of the partnership's annual accounting
				period.
(9) If the single member of
				the LLC is a real estate mortgage investment conduit (REMIC), the LLC must file
				the return on or before the 15th day of the fourth month after the close of the
				REMIC's annual accounting period.
(10) If the single member of the LLC is a
				partnership that elected under IRC 761 to be excluded from some or all of the
				partnership tax rules, the LLC must file the return on or before April
				15.
(11) If the single member of
				the LLC is not described in (1) through (10), the LLC must file the return on
				or before August 31.
(12) An LLC
				required to file an information return, as provided for in (1) through (11),
				may obtain an automatic extension of time to file its information return if its
				owner has qualified for an extension of time to file a return. The extended due
				date is the same as the owner's federal extended due date. The LLC is allowed
				an automatic extension to file its information return for up to six months if
				the owner is not required to file a federal information return.
(13) An LLC required to file an information
				return, as provided for in (1) through (11), is subject to a late-filing
				penalty if:
(a) the Montana disregarded
				entity information return is not filed by the due date (including extensions);
				or
(b) a return is filed that does
				not include all of the following information:
(i) name, address, and social security or
				federal identification number of each member or other owner during the tax
				period;
(ii) the LLC's employer
				identification number, if any;
(iii) any assumed business name(s) the LLC
				has registered with the Montana Secretary of State, under which it conducts any
				trade, business, or occupation in the state, or under which it holds title to
				any real or tangible personal property in the state;
(iv) the state, country, and date of
				formation of the LLC and, if the LLC was formed in another state or country,
				the date the LLC registered with the Secretary of State; and
(v) the LLC's Montana source income, gain,
				loss, deduction, or credit.