reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.11 - Net Proceeds Tax on Miscellaneous Mines › Rule 42.22.1114 - COSTS OF IMPROVEMENTS, REPAIRS AND BETTERMENTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1114
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-503
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.11 - Net Proceeds Tax on Miscellaneous Mines › Rule 42.22.1115 - COSTS OF MILLING, SMELTER, AND REDUCTION WORKS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1115
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-503
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.11 - Net Proceeds Tax on Miscellaneous Mines › Rule 42.22.1116 - TRANSPORTATION EXPENSES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1116
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-503
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.11 - Net Proceeds Tax on Miscellaneous Mines › Rule 42.22.1117 - MARKETING, ADMINISTRATIVE, AND OTHER OPERATIONAL COSTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1117
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-503
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.11 - Net Proceeds Tax on Miscellaneous Mines › Rule 42.22.1118 - GENERAL TREATMENT OF DEDUCTIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1118
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-503
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.11 - Net Proceeds Tax on Miscellaneous Mines › Rule 42.22.1119 - DEDUCTIONS FOR INSURANCE, WELFARE, RETIREMENT, MINERAL TESTING, SECURITY AND ENGINEERING

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1119
Sec.
					 15-23-108 MCA; IMP, Secs.
					 15-23-502 and
					 15-23-503
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1001
Sec.
					 15-23-108 MCA; IMP, Title 15, Ch.
					 23, part 6 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1202 - NET PROCEEDS TAX RETURN

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1002
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-602
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1203 - PROCEDURE UPON DISSOLUTION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1003
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-609
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1204 - VALUATION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1004
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-603
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1205 - NATURAL GAS EXEMPT FROM SEVERANCE TAX

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1005
Sec.
					 15-1-201 MCA; IMP, Sec.
					 15-36-121
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1206 - NATURAL GAS EXEMPT FROM ONE-HALF THE NET PRO- CEEDS TAX

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1006
Sec.
					 15-23-108 MCA; IMP, Secs.
					 15-23-612 and
					 15-36-121
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1207 - STATUTE OF LIMITATIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1007
Sec.
					 15-23-108 MCA; IMP, Secs.
					 15-8-601 and
					 15-23-116
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1208 - WINDFALL PROFIT TAX

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1008
Sec.
					 15-23-108 MCA; IMP, Secs.
					 15-23-603,
					 15-23-605,
					 15-23-615, and
					 15-23-616
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1211 - TREATMENT OF ROYALTIES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1011
Sec.
					 15-23-108 MCA; IMP, Secs.
					 15-23-603 and
					 15-23-605
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1212 - EXPENSES RELATED TO MACHINERY

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1012
Sec.
					 15-23-108 MCA; AUTH Extension,
					 Sec. 3, Ch. 642, L. 1985, Eff. 4/30/86; IMP, Sec.
					 15-23-603
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1213 - LABOR COSTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1013
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-603
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1214 - COSTS OF IMPROVEMENTS, REPAIRS, AND BETTERMENTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1014
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-603
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1215 - DEDUCTIONS FOR DRILLING COSTS AND CAPITAL EXPENDITURES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1015
Sec.
					 15-23-108 MCA; AUTH Extension,
					 Sec. 3, Ch. 642, L. 1985, Eff. 4/30/85; IMP, Sec.
					 15-23-604
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1216 - TREATMENT OF DEPLETION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1016
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-603
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.12 - Net Proceeds Tax on Oil and Gas Production › Rule 42.22.1217 - ADMINISTRATIVE AND OTHER OPERATIONAL COSTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.1017
Sec.
					 15-23-108 MCA; AUTH Extension,
					 Sec. 3, Ch. 642, L. 1985, Eff. 4/30/85; IMP, Sec.
					 15-23-603
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to terms found in this
				  subchapter:
(1) "Industrial appraiser"
				means a person who has completed the necessary training and is certified to
				appraise industrial property in Montana.
(2) "Industrial improvements" means all
				improvements upon the land, of a civil construction character, utilized to
				house the industrial process. All storage facilities shall be treated as
				improvements to land.
(3)
				"Industrial plant" means a combination of land, land improvements, improvements
				and machinery that have been organized into a functioning unit. The value of
				the several components will be placed in the proper tax classification
				according to the use of the property.
(4) "Industrial property" means property used
				in the extraction, production, distribution, and changing the form of raw
				materials or assembling components and parts, packing and warehousing, and
				shipping of the finished products.
(5) "Manufacturing machinery and equipment"
				means all property used in the manufacturing process, whether permanently or
				temporarily in place, used to transform raw or finished materials into
				something possessing a new nature or name and adopted to a new use.
15-1-201, MCA; IMP,
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1302 - INDUSTRIAL PLANT (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1303 - CLASSIFICATION OF INDUSTRIAL BUILDINGS IMPROVEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-6-134,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1304

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201,
					 MCA IMP:
					 15-6-134,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1305 - INDUSTRIAL PROPERTY OTHER THAN LAND (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201, MCA; IMP:
					 15-8-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1306 - VALUATION OF INDUSTRIAL PROPERTY OTHER THAN LAND

Current through Register Vol. 13, July 5, 2024
(1) All property other than land or
				industrial improvements to land shall be valued by trending the original
				installed cost to a current replacement cost, then depreciating on an age/life
				basis to compensate for ordinary physical deterioration and/or functional
				obsolescence.
(2) If adequate
				market data exist, the department may apply the approaches to valuation
				described in ARM
				42.22.1309.
15-1-201, MCA; IMP,
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1307

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201,
					 MCA IMP:
					 15-8-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1308

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201,
					 MCA IMP:
					 15-8-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1309 - VALUATION METHODS FOR INDUSTRIAL PROPERTIES

Current through Register Vol. 13, July 5, 2024
(1) When determining the market value of
				industrial properties, department appraisers may consider, based on generally
				accepted appraisal principles, the cost approach, the income approach, and the
				market approach to value, if the necessary information is available.
(2) Extraordinary functional and/or economic
				obsolescence is treated on a case-by-case basis.
(3) Through the appraisal process, the
				department shall arrive at a valuation that most accurately estimates market
				value.
15-1-201, MCA; IMP,
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1310

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201,
					 MCA IMP:
					 15-8-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1311 - INDUSTRIAL MACHINERY AND EQUIPMENT TREND FACTORS

Current through Register Vol. 13, July 5, 2024
(1) Prior to
				January 1 of each year, the department calculates trend factors to value
				industrial machinery and equipment for ad valorem tax purposes pursuant to ARM
				42.22.1306. The department uses
				annual cost indexes from the Marshall & Swift Guide described in ARM
				42.21.155. The current index is
				divided by the annual index for each year to arrive at a trending factor. Each
				major industry has its own trend factor table containing industry descriptions
				with the applicable trend table number and life expectancy. Where no index
				exists in the Marshall & Swift Guide for an industry, that industry is
				grouped with other industries using similar equipment. Industrial machinery and
				equipment remain taxable at the level of the final year of life expectancy
				until its disposal.
(2) The
				department shall post its trend factor tables for industrial machinery and
				equipment for the upcoming tax year on the department's internet website
				located at
http://www.mtrevenue.gov
. The department
				adopts and incorporates by reference its 2024 Personal Property Depreciation
				Schedules and Trend Tables publication, effective January 1, 2024. The
				Depreciation Schedules and Trend Tables publication contains the detailed
				schedules and tables the department uses for valuing personal property and
				industrial machinery and equipment.
(3) Mining machinery and equipment is engaged
				in the extraction, excavation, burrowing, or otherwise freeing raw material
				from the earth. Mobile mining equipment moves under its own power or on its own
				wheels and chassis, including any attachments used with or attached to such
				equipment, but does not include equipment that requires a foundation for the
				performance of the function for which it was designed and built. Mobile mining
				equipment used for extraction is valued by using the procedures established for
				heavy equipment found in ARM
				42.21.154 and 42.21.155.
AUTH:
					 15-1-201, MCA; IMP:
					 15-6-135,
					 15-6-138,
					 15-8-111, MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1312

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201,
					 MCA IMP:
					 15-6-135,
					 15-6-138,
					 15-6-156,
					 15-6-157,
					 15-6-158,
					 15-8-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1313 - ASSESSMENT OF GRAIN, SEED, AND FERTILIZER STORAGE FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Grain storage facilities, seed treating
				plants, and fertilizer storage plants are improvements to real property for
				which the use is bulk storage of unprocessed grain, seed cleaning and treating,
				and bulk storage of fertilizers awaiting sale or processing. Blending,
				cleaning, treating, packaging, conditioning, dust removal, and pollution
				control are not considered a manufacturing process.
(2) All product moving or handling property
				used in grain storage facilities, seed cleaning facilities, and bulk fertilizer
				facilities is considered part and parcel to the facility and is assessed under
				15-6-134,
				MCA. Property under this rule shall not be considered manufacturing equipment.
(3) Bulk fertilizer facilities are
				defined as an improvement to land for storing, blending, and distributing dry
				fertilizers. Blending, cleaning, treating, packaging, conditioning, dust
				removal, and pollution control in these facilities are not considered a
				manufacturing process.
(4) Seed
				cleaning facilities are defined as an improvement to land if used either solely
				or in conjunction with a grain elevator for the cleaning and treating of seed
				grain. Blending, cleaning, treating, packaging, conditioning, dust removal, and
				pollution control in these facilities are not considered a manufacturing
				process.
(5) All property described
				in (1) and (2) shall be valued according to the reappraisal cycle established
				for other class four property in
				15-7-103,
				MCA. The department will determine market value considering the cost approach,
				sales comparison approach, and income approach. When using the cost approach, a
				separate age/life schedule will be applied to the product handling portion of
				the facility to reflect physical depreciation and functional obsolescence.
				Economic obsolescence will be addressed on a case by case basis. Cost data used
				in developing the cost approach for property included in this rule is found in
				the Marshall & Swift Valuation Service Guide, adopted and incorporated by
				reference in ARM
				42.21.155.
AUTH:
					 15-1-201,
					 MCA; IMP:
					 15-6-134,
					 15-6-138,
					 15-7-103,
					 15-8-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1314 - 2003 INDUSTRIAL PROPERTY REAPPRAISAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201,
					 15-7-111, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1315

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-1-201,
					 15-7-111,
					 MCA IMP:
					 15-7-111,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1316 - INDUSTRIAL PROPERTY CERTIFICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The employee
				must hold a bachelor degree from an accredited college or have at least five
				years' experience in the industrial or complex property valuation
				field.
(2) Training and testing
				criteria shall be as follows:
(a) The
				employee will be required to take the International Association of Assessing
				Officers (IAAO) Courses I and II or their equivalents. The employee will be
				required to take the Appraisal Institutes (AI) Courses 101, 102, 201, and 202
				or their equivalents. The employee will be required to take the Uniform
				Standards of Professional Appraisal Practices (USPAP) course. A USPAP refresher
				will be required every five years thereafter. These courses will be made
				available annually if funding is available.
(b) The employee shall attend the first
				scheduled IAAO courses after accepting the industrial property
				responsibilities. Satisfactory completion of the IAAO training session(s) shall
				include successful completion of the written examination conducted at the
				conclusion of the IAAO training session(s). If the employee fails to
				successfully complete the first written examination, attendance at the next
				unit valuation training session(s) shall be required. Failure to successfully
				complete the second written examination(s) shall result in immediate
				termination of employment. Previous appraisal designations may be considered as
				substitutes for this course as determined by the unit manager. The appraiser
				shall attend the first scheduled AI Courses 101,102, 201, and 202. Satisfactory
				completion of the AI training session shall include successful completion of
				the written examination(s) conducted at the conclusion of the unit valuation
				training session(s). If the employee fails to successfully complete the first
				written examination(s), attendance at the next AI training session(s) shall be
				required. Failure to successfully complete the second written examination(s)
				shall result in immediate termination of employment. Previous appraisal courses
				may be considered as substitutes for these courses as determined by the unit
				manager.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.13 - Market Value of Industrial Property › Rule 42.22.1317 - UNIT VALUATION OR CENTRALLY ASSESSED PROPERTY APPRAISER CERTIFICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The employee
				must hold a bachelor degree from an accredited college or have at least five
				years' experience in the business or centrally assessed property valuation
				field.
(2) Training and testing
				criteria shall be as follows:
(a) The
				employee will be required to take the International Association of Assessing
				Officers (IAAO) Courses I and II or their equivalents. The employee will be
				required to take the American Society of Appraisers (ASA) Courses BV201N,
				BV202N, and BV203N1 or their equivalents. The employee will be required to take
				the Uniform Standards of Professional Appraisal Practices (USPAP) course. An
				USPAP refresher will be required every five years thereafter. The employee will
				be required to attend the Western States Association of Tax Administrators,
				Committee on Centrally Assessed Properties (WSATA-CCAP) Courses 101, 102, and
				103 or their equivalents. These courses will be made available annually if
				funding is available.
(b) The
				employee shall attend the first scheduled WSATA-CCAP course after accepting the
				unit valuation or centrally assessed appraiser responsibilities. Satisfactory
				completion of the unit valuation training session shall include successful
				completion of the written examination conducted at the conclusion of the unit
				valuation training session. If the employee fails to successfully complete the
				first written examination, attendance at the next unit valuation training
				session shall be required. Failure to successfully complete the second written
				examination shall result in immediate termination of employment. Previous
				appraisal designations may be considered as substitutes for this course as
				determined by the Unit Manager. The appraiser shall attend either the first
				scheduled IAAO Courses I and II, or ASA Courses BV201N, BV202N, and BV203N.
				Satisfactory completion of the IAAO or ASA training session shall include
				successful completion of the written examination conducted at the conclusion of
				the unit valuation training session. If the employee fails to successfully
				complete the first written examination, attendance at the next IAAO or ASA
				training session shall be required. Failure to successfully complete the second
				written examination shall result in immediate termination of employment.
				Previous appraisal courses may be considered as substitutes for these courses
				as determined by the Unit Manager.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.14 - Class Four Property › Rule 42.22.1401 - TAX BENEFITS FOR CLASS FOUR NONPRODUCTIVE PROPERTY (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-6-101,
					 15-6-150,
					 15-6-155,
					 15-8-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.21 - Gross Proceeds Tax on Coal Production › Rule 42.22.2101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.501
Sec.
					 15-23-108 MCA; IMP, Title 15, Ch.
					 23, part 7 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.21 - Gross Proceeds Tax on Coal Production › Rule 42.22.2102 - FILING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.502
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-701
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.21 - Gross Proceeds Tax on Coal Production › Rule 42.22.2103 - FAILURE TO FILE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.503
Sec.
					 15-23-108
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.21 - Gross Proceeds Tax on Coal Production › Rule 42.22.2111 - DETERMINATION OF CONTRACT SALES PRICE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.511
Sec.
					 15-23-108 MCA; IMP, Secs.
					 15-23-701 and
					 15-23-702
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.21 - Gross Proceeds Tax on Coal Production › Rule 42.22.2112 - IMPUTED VALUATION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.512
Sec.
					 15-23-108 MCA; IMP, Secs.
					 15-23-701 and
					 15-23-702
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.21 - Gross Proceeds Tax on Coal Production › Rule 42.22.2113 - TAXABLE VALUATION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.513
Sec.
					 15-23-108 MCA; IMP, Sec.
					 15-23-702
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.21 - Gross Proceeds Tax on Coal Production › Rule 42.22.2114 - RIGHT TO AUDIT

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.514
Sec.
					 15-23-108 MCA; IMP, Title 15, Ch.
					 23, part 7 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.22 - CENTRALLY ASSESSED PROPERTY › Subchapter 42.22.21 - Gross Proceeds Tax on Coal Production › Rule 42.22.2115 - IMPUTED VALUATION FOR REFINED COAL

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.25.515
Sec.
					 15-35-111 MCA; IMP, Sec.
					 15-35-107
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.101 - EXTENT OF TAX LIABILITY

Current through Register Vol. 13, July 5, 2024
(1) Every
				corporation engaged in business in Montana must annually pay the statutory
				percentage of its total net income received from all sources within the state
				during the preceding year. The tax may not be less than the specified minimum,
				which must be paid even though a net loss was sustained during the reporting
				period. However, no tax is assessable against a corporation which was not
				engaged in business within the state during the reporting period.
Sec.
					 15-31-501, MCA; IMP, Sec.
					 15-31-101 and
					 15-31-121,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.102 - DOING OR ENGAGING IN BUSINESS

Current through Register Vol. 13, July 5, 2024
(1) A
				corpora-tion is "doing business" or "engaging in business" in Montana when it
				actively engages therein in any profit seeking activity. The fact that its
				activity may result in a loss is not material.
Sec.
					 15-31-501, MCA; IMP, Sec.
					 15-31-101,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.103 - EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) A corporation is not exempt from this tax
				merely because it is not organized and operated for profit. A corporation
				seeking the benefits of exemption must prove strict compliance with all
				statutory conditions authorizing the classification claimed.
(2) In order to establish its exemption and
				thus be relieved of the duty of filing returns and paying the tax, each
				organization claiming exemption must file with the department an affidavit
				showing:
(a) the character of the
				organization;
(b) the purpose for
				which it was organized;
(c) its
				actual activities;
(d) the sources
				and the disposition of its income;
(e) whether or not any of its income may
				inure to the benefit of any private shareholder or individual;
(f) a copy of the articles of
				incorporation;
(g) a copy of the
				by-laws; and
(h) copies of the
				latest financial statements showing the assets, liabilities, receipts, and
				disbursements must be submitted with the affidavit.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.104 - GROSS INCOME (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-31-501, MCA; IMP, Sec.
					 15-31-113,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.105 - DISCLOSURE OF INFORMATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-31-501, MCA; IMP,
					 15-31-507,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.106 - TREATMENT OF GAINS FROM CERTAIN LIQUIDATION

Current through Register Vol. 13, July 5, 2024
(1) Gains resulting from a liquidation
				pursuant to IRC 331 through 337 are taxable to the liquidating corporation to
				the extent these gains are attributable to corporate or individual share
				holders not subject to tax. In the event the liquidating corporation has some
				shareholders subject to tax in Montana and some who are not, the portion of the
				gain on liquidation taxable to the liquidating corporation will be determined
				based on the ratio common stock owned by nontaxable shareholders bears to total
				common stock issued and outstanding. This applies to all tax years beginning
				after December 31, 1980.
Sec.
					 15-31-501, MCA; IMP, Sec.
					 15-31-113,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.107 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to rules found in this
				  chapter:
(1) "Small business
				investment company" means only those companies approved and licensed to operate
				as small business investment companies by the federal small business
				administration.
15-33-105, MCA; IMP,
					 15-33-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.108 - CONDITIONS FOR EXEMPTION FOR DIVIDENDS

Current through Register Vol. 13, July 5, 2024
(1) Dividends and
				capital gains received by a corporation from an investment in a small business
				investment company are exempt from tax and the provisions of Title 15, chapter
				31, MCA, provided all the following conditions are met:
(a) The small business investment company is
				organized for the purpose of diversifying and strengthening employment
				opportunities of companies within Montana.
(b) Within one year of licensing by the
				federal small business administration, 75% of the small business investment
				company's investments are in manufacturing companies as defined in (i) or
				timber product companies, or agricultural companies as defined in (ii) , and
				such companies' processing plants are located within Montana. The companies
				must have at least 50% of their employees working in Montana.
(i) Manufacturing, for the purposes of this
				rule, is defined as engaging in the mechanical or chemical transformation of
				materials or substances into new products. The manufacturing facilities are
				usually described as plants, factories, or mills and characteristically use
				power driven machines and material handling equipment. Businesses engaged in
				assembling component parts of manufactured products are all considered to be
				manufacturing if the product is neither a structure affixed to real estate nor
				a fixed improvement. Manufacturing facilities shall not include facilities
				engaged in whole or part in the extraction of any mineral or nonrenewable
				energy resource.
(ii) Agricultural
				refers to the raising or processing of livestock, swine, poultry, field crops,
				fruit and other animal and vegetable matter.(
c) It is substantiated that the taxpayer has
				invested in the small business investment company and that the small business
				investment company has invested in companies located within Montana. The small
				business investment company must provide a report as part of the annual filing
				of the Montana corporate income tax return.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.109 - REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The small
				business investment company shall report as part of the corporate income tax
				return the following information on a form provided for that purpose:
(a) the names of all investors in the small
				business investment company;
(b)
				the amount of investment of each of the investors; and
(c) a list of all companies invested and
				showing:
(i) the name and location of the
				companies; and
(ii) the amount
				invested in the company.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.110 - DETERMINATION OF QUALIFIED INVESTMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				In instances where it is difficult to determine if a business in which a small
				business investment company has invested qualifies as a manufacturing, timber
				product processing, or agricultural company with at least 50% of its employees
				working in Montana, a description of the activities of the business and the
				location of its jobs shall be submitted to the department for a determination.
				The description of the activities of the business and the location of its jobs
				may be submitted either on the initiative of the small business investment
				company or at the request of the department.
Sec.
					 15-33-105, MCA; IMP, Sec.
					 15-33-102,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.111 - FEDERAL OBLIGATION INTEREST (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-31-501, MCA; IMP, Sec.
					 15-31-113,
					 15-31-114, and
					 15-31-116,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.112 - RESEARCH AND DEVELOPMENT - APPLICATION AND ELIGIBILITY

Current through Register Vol. 13, July 5, 2024
(1) The department
				will certify the eligibility of firms for both the five-year corporation tax
				exemption and the class five research and development property
				classification.
(2) A firm may
				apply for either or both the corporation tax or property tax benefit. Claiming
				one of the benefits is not a prerequisite to claiming the other.
(3) To qualify for the class five property
				classification, a firm must apply annually to the department on or before
				January 1 of the year for which the classification is desired.
(4) To obtain the corporate income tax
				exemption, the firm must file an annual application with the department before
				the end of the first calendar quarter during which the firm does business in
				Montana. The initial application must be filed before the end of the first
				complete calendar quarter during which the corporation is engaged in business
				in Montana. For example, if a corporation began operating in Montana on
				September 15, that corporation would have until December 31 of that year to
				file for the exemption.
(5)
				Taxpayers will be required to submit information determined to be necessary by
				the department for evaluating the eligibility of firms for the research and
				development tax benefits.
AUTH:
					 15-31-501,
					 15-1-201, MCA ;IMP:
					 15-6-135,
					 15-31-103,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.113 - RESEARCH AND DEVELOPMENT FIRM - EXEMPTION PERIOD

Current through Register Vol. 13, July 5, 2024
(1) An entity that
				qualifies as a research and development firm as defined in
				15-1-101, MCA, and is incorporated
				or qualified to do business in Montana on or after July 1, 1987, is exempt from
				the corporate income tax on the net income earned from research and development
				activities for its first five tax periods.
AUTH:
					 15-31-501, MCA; IMP:
					 15-31-103,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.114 - REORGANIZATIONS

Current through Register Vol. 13, July 5, 2024
(1) A corporation which is created through
				the reorganization of a corporation currently operating in Montana, is not
				eligible for the research and development tax benefits if the newly created
				research and development subsidiary is essentially continuing current and past
				activities of the parent in Montana. If the newly created corporation is
				carrying on new research and development activities separate and distinct from
				the operations of the parent, the corporation will be eligible for tax
				benefits.
Sec.
					 15-31-501, MCA; IMP, Sec.
					 15-31-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.115 - PRINCIPAL PURPOSE DEFINED

Current through Register Vol. 13, July 5, 2024
(1) In order
				for a firm to qualify as a research and development firm, over 50% of the real
				and tangible personal property located in Montana and 50% of its Montana
				payroll must be directly related to research and development
				activities.
Sec.
					 15-31-501, MCA; IMP, Sec.
					 15-1-101,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.116 - UNRELATED INCOME

Current through Register Vol. 13, July 5, 2024
(1) Income earned
				by a research and development firm which is unrelated to research and
				development activities is not eligible for the five-year exemption from the
				Montana corporate income tax. In making the determination of whether income
				earned is related to research and development activities, the department will
				review the facts presented in each case. However, the following examples
				demonstrate how the department would decide under certain situations.
(a) If a research and development firm
				derives income from a contract to perform research and development activities
				only, all of that income will be eligible for the exemption.
(b) If a research and development firm
				develops a patent from which it either sells or receives royalties, such income
				shall be deemed to be research and development income eligible for the
				exemption.
(c) If a research and
				development firm is in two distinct businesses, only the income related to the
				research and development activity shall be exempt.
(d) If a research and development firm
				develops a product which it then begins to manufacture and sell, a portion of
				the income from selling the product shall be deemed to be related to the
				research and development activities. The portion of the total Montana net
				income deemed to be research and development income activities shall be based
				upon the average percentage of Montana real and tangible personal property and
				Montana payroll related to the research and development activities as presented
				below:
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.117 - SURTAX (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-31-501, MCA IMP:
					 15-31-121,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.118 - NATURE OF PROPERTY BEING SOLD (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-31-313 and
					 15-31-501, MCA; IMP, Sec.
					 15-31-301 and
					 15-31-303,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.119 - SOLICITATION OF ORDERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-31-313 and
					 15-31-501, MCA; IMP, Sec.
					 15-31-301 and
					 15-31-303,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.1 - General Provisions › Rule 42.23.120 - INDEPENDENT CONTRACTORS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-31-313 and
					 15-31-501, MCA; IMP, Sec.
					 15-31-301 and
					 15-31-303,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.2 - Tax Accounting › Rule 42.23.201 - ACCOUNTING PERIODS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-31-501, MCA; IMP, Sec.
					 15-31-112,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.2 - Tax Accounting › Rule 42.23.202 - NOTICE OF ELECTION OF FISCAL YEAR (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-31-501, MCA; IMP, Sec.
					 15-31-112,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.2 - Tax Accounting › Rule 42.23.203 - CHANGE OF ACCOUNTING PERIOD (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-31-501, MCA; IMP, Sec.
					 15-31-112,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.2 - Tax Accounting › Rule 42.23.211 - USE OF SEPARATE ACCOUNTING METHOD

Current through Register Vol. 13, July 5, 2024
(1) In
				applying the separate accounting method, each item of income is segregated and
				directly allocated according to its source. Any expense or other deductible
				items, including a reasonable allowance for general overhead expenses,
				attributable to the earning of such income are likewise segregated and deducted
				from such income. Items of nonapportionable income are to be allocated as
				provided for under
				15-31-304, MCA.
AUTH:
					 15-31-313,
					 15-31-501, MCA; IMP: Title 15,
					 chapter 31, part 3, MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.2 - Tax Accounting › Rule 42.23.212 - BASIS FOR DISPOSITION OF PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) The basis for
				determining gain or loss from the sale or other disposition of property shall
				be the basis prescribed by the IRC and regulations in effect during the
				reporting period, except such provisions therein as are inconsistent with the
				express provisions of these regulations or
				15-31-113, MCA.
AUTH:
					 15-31-313,
					 15-31-501, MCA;IMP:
					 15-31-113,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.3 - Returns › Rule 42.23.301 - PERIOD COVERED BY RETURN

Current through Register Vol. 13, July 5, 2024
(1) The return must
				be prepared and net income computed on the basis of an annual accounting
				period. A return may not be prepared for a period of more than 12
				months.
(2) A return for a
				fractional part of a year is required in the following cases:
(a) when a foreign corporation qualifies or a
				domestic corporation organizes on a day other than the first day of the
				reporting period it intends to establish;
(b) when a foreign corporation withdraws or
				when a domestic corporation dissolves on a day other than the last day of its
				established reporting period; or
(c) when a corporation changes its annual
				reporting period.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.23 - CORPORATION LICENSE TAX - GENERAL › Subchapter 42.23.3 - Returns › Rule 42.23.302 - EXTENSION OF FILING TIME

Current through Register Vol. 13, July 5, 2024
(1) For years
				be-ginning on or after January 1, 1995, if a corporation cannot file its return
				within the prescribed time an automatic extension of up to six months following
				the statutory due date shall be granted. No form needs to be filed to receive
				this extension. This automatic extension has no effect on the requirements for
				the payment of quarterly estimated tax or on the due dates for those payments.
				Payment of any remaining tax after the deduction of any quarterly estimated
				payments, plus accrued interest, must accompany the return when filed. If the
				tax payment does not accompany the return, the tax is considered delinquent,
				and the taxpayer is subject to the imposition of a penalty.
(2) The department may grant additional time
				for filing a return whenever in its judgment good cause exists.
Sec.
					 15-31-501, MCA; IMP, Sec.
					 15-31-111,
					 MCA;