reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.2 - Withholding and Unemployment Insurance › Rule 42.17.221 - DUE DATE AND APPLICATION OF TAXES

Current through Register Vol. 13, July 5, 2024
(1)
				Withholding taxes are due as provided in
				15-30-2504, MCA.
(2) Payments are applied to tax liabilities
				as provided in ARM
				42.2.501, unless bankruptcy
				proceedings or the department has determined otherwise.
(3) Payments submitted with payment vouchers
				are applied to the period noted on the payment vouchers. If an employer pays
				more than the amount owed for withholding tax on the payment vouchers, the
				withholding overpayment is applied to other amounts due as provided in (2). The
				employer may request that payments be applied to a more recent
				period.
15-30-2620, MCA; IMP,
					 15-1-216,
					 15-1-708,
					 15-30-2641,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.2 - Withholding and Unemployment Insurance › Rule 42.17.222 - FILINGS AND PAYMENTS DUE IF EMPLOYER TRANSFERS OR DISCONTINUES BUSINESS

Current through Register Vol. 13, July 5, 2024
(1) An employer must file Form MW-3 with
				applicable federal Form W-2s and submit payment within 30 days after ceasing to
				be an employer, as defined in
				15-30-2501, MCA, or ceasing
				activity. Ceasing activity includes, but is not limited to:
(a) quits doing business;
(b) sells or transfers the business, or the
				major portion of the business assets; or
(c) becomes insolvent.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.2 - Withholding and Unemployment Insurance › Rule 42.17.223 - DETERMINING EMPLOYEE STATUS

Current through Register Vol. 13, July 5, 2024
(1) It is the
				intent of the department that any determination of a worker's status as an
				employee for withholding tax purposes be consistent with the determination of
				the same person's status under the Department of Labor and Industry or the
				Workers' Compensation Act.
15-30-2620, MCA; IMP,
					 15-30-2523,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.2 - Withholding and Unemployment Insurance › Rule 42.17.224 - STATUS OF CERTAIN PERSONAL ASSISTANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-30-305,
					 39-51-301,
					 39-51-302, and
					 53-6-145, MCA; IMP, Sec.
					 53-6-145,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.301 - COMPUTATION OF ESTIMATED TAX (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-30-305, MCA; IMP, Sec.
					 15-30-241,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.302 - AMENDED DECLARATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-30-305, MCA; IMP, Sec.
					 15-30-241 and
					 15-30-242,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.303 - EXTENSION OF FILING TIME (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-30-305, MCA; IMP, Sec.
					 15-30-241,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.304 - DETERMINATION OF TAX LIABILITY FOR PRECEDING TAX YEAR; DETERMINATION OF TAX PAID FOR CURRENT TAX YEAR

Current through Register Vol. 13, July 5, 2024
(1) A taxpayer's
				tax liability for the preceding tax year is the total tax imposed by Title 15,
				chapter 30, MCA, less any nonrefundable tax credits allowed under Montana law,
				as shown on the taxpayer's return.
Example: A taxpayer has a tax, before applying nonrefundable
				  credits, of $5,000. The taxpayer has a nonrefundable energy conservation
				  installation credit of $500. The taxpayer's tax liability for the prior year
				  for estimated tax purposes is $4,500 computed as follows:
Tax before nonrefundable credit
$5,000
nonrefundable credits
( 500)
tax liability
$4,500
(2)
				The amount of tax paid for the current year is the sum of the withholding and
				estimated tax payments plus any refundable credit(s) claimed, as shown on the
				taxpayer's return.
A taxpayer has $800 in Montana withholding, an elderly
				  homeowner/renter credit of $400 and paid $200 in estimated payments. The amount
				  of tax the taxpayer has paid for the current year is $1,400 computed as
				  follows:
Montana tax withheld
$ 800
Estimated payments
200
Refundable elderly homeowner/renter credit
400
Total taxes paid for the current year
$1,400
(3)
				To determine the preceding tax year liability of an individual who participates
				in a composite return, the following requirements apply:
(a) For a taxpayer who was a participant in a
				composite return for the preceding year, the tax liability for the preceding
				year is the participant's preceding year composite tax liability.
(b) For a taxpayer who filed a Montana
				individual income tax return for the preceding tax year and for the current
				year, and participated in a composite return filing, their tax liability for
				the preceding tax year is their individual liability as determined in
				(1).
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.305 - ESTIMATED TAX AND PAYMENT OF INSTALLMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Except as provided in
				15-30-2512, MCA, a taxpayer is
				required to pay at least 100 percent of their tax liability for the preceding
				tax year or 90 percent of their tax for the current tax year through
				withholding and estimated payments. If they do not, they will be liable for
				interest on the underpayment provided in
				15-30-2512, MCA. In addition,
				unless the department grants a taxpayer an extension to pay an installment of
				estimated tax as provided in ARM
				42.17.306, a taxpayer required to
				make installment payments of estimated tax who fails to timely pay an
				installment is liable for interest on the unpaid installment from the due date
				of the installment to the earlier of the date of payment or the due date of
				their income tax return, not including extensions, as provided in
				15-1-216, MCA, and ARM
				42.2.306.
(2) Taxpayers may complete the Form ESW,
				Montana Individual Estimated Income Tax Worksheet, to determine if they are
				required to make current year installment payments of estimated tax and, if
				necessary, to determine the amount. If a taxpayer's income fluctuates or is
				seasonal, employing the annualization method may lower the amount of one or
				more installments. A taxpayer using the optional annualization method must
				complete the Form ESA, Annualization Worksheet. Taxpayers are not required to
				file the estimated tax worksheet with their income tax return, but it is a tax
				record the taxpayer must retain and provide the department on request.
				Taxpayers using the annualization method must file Form ESA with their income
				tax return. If the taxpayer files their individual income tax return
				electronically, the Form ESA is a tax record the taxpayer must retain and
				provide the department on request.
(3) The department will provide taxpayers
				with estimated tax payment coupons on request. Unless paid electronically, as
				set forth in ARM
				42.5.201 and
				42.5.202, installment payments of
				estimated tax must be accompanied by a payment voucher and be:
(a) personally delivered to:
Montana Department of Revenue
Sam W. Mitchell Building
125 North Roberts, 3rd Floor
Helena, Montana; or
(b) mailed to:
Montana Department of Revenue
P.O. Box 6309
Helena, Montana 59604-6309.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.306 - WRITTEN REQUEST FOR EXTENSION - PAYMENT OF ESTIMATED TAX

Current through Register Vol. 13, July 5, 2024
(1) A taxpayer may request an extension of
				time to pay all or a part of an installment of estimated taxes by making a
				written request identifying the evidence showing that undue hardship would
				result to the taxpayer if the extension were refused. The extension will not be
				granted under a general statement of "hardship."
(2) The written request, with supporting
				documents, must be:
(a) personally delivered
				to:
Montana Department of Revenue
Sam W. Mitchell Building
125 North Roberts, 3rd Floor
Helena, Montana; or
(b) mailed to:
Montana Department of Revenue
P.O. Box 5805
Helena, Montana 59604-5805.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.307 - AMENDMENTS OF PREVIOUS INSTALLMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-30-305, MCA; IMP, Sec.
					 15-30-241,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.308 - DETERMINING ANNUALIZED INCOME

Current through Register Vol. 13, July 5, 2024
(1)
				Taxpayers who use the annualization option in estimating their current year tax
				must accurately determine the amount of income and deductions for each
				installment period.
(2) Income or
				expenses that are paid occasionally during a year cannot be spread out during
				the year in determining the required installments. For example, a taxpayer who
				distributes year-end bonuses to employees but does not determine the amount of
				the bonuses until the last month of the tax year may not deduct any portion of
				such year-end bonuses in determining taxable income for any installment period
				other than the final installment period for the tax year, since deductions are
				not allowable until paid or accrued, depending on the taxpayer's method of
				accounting.
15-30-2620, MCA; IMP,
					 15-30-2512,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.309 - ANNUALIZED PERIODS

Current through Register Vol. 13, July 5, 2024
(1) For a calendar
				taxpayer, the annualization periods are January through March, January through
				May, January through August, and January through December of the tax
				year.
(2) For fiscal year
				taxpayers, the annualization periods all begin on the first day of the taxable
				year and end on the last day of the third, fifth, eighth and twelfth months
				following the beginning of the taxable year.
15-30-2620, MCA; IMP,
					 15-30-2512,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.310 - DETERMINATION OF TAX LIABILITY - STATUS CHANGE FROM JOINT TO SEPARATE

Current through Register Vol. 13, July 5, 2024
(1) Taxpayers who file separate returns on
				separate forms for the current period and who filed a joint return for the
				preceding tax year must compute their prior year's estimated tax liability as
				follows:
(a) 100% of the tax liability of the
				joint return for the preceding tax year; or
(b) a prorated portion of the preceding
				year's joint tax liability. This prorated amount is determined by calculating
				the tax liability of the taxpayers as if they filed separately and totaling
				their individual taxes. Each spouse's prior year estimated tax liability is
				found by dividing their separate liability by the total of the two separate
				liabilities and multiplying this figure by the preceding year's joint tax
				liability.
Example
: Husband and wife file a
				  joint return for the calendar year one showing taxable income of $50,000 and a
				  tax of $3,556. Of the taxable income, $30,000 was attributable to the husband
				  and $20,000 to the wife. Husband and wife filed separate returns on separate
				  forms for calendar year two. The tax shown on the return for the preceding
				  taxable year, for purposes of determining if interest is owed on an
				  underpayment, is determined as follows:
Taxable income of husband for year one: $30,000
Tax on $30,000 (on basis of separate return): $ 1,712
Taxable income of wife for year one: $20,000
Tax on $20,000 (on basis of separate return): $ 934
Aggregate tax of husband and wife (on basis of separate
				  returns): $ 2,646
Portion of year one tax shown on joint return attributable to
				  husband ($1,712/$2,646 X $3,556): $ 2,301
Portion of year one tax shown on joint return attributable to
				  wife ($934/$2,646 X $3,556): $ 1,255
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.311 - DETERMINATION OF TAX LIABILITY - STATUS CHANGE FROM SEPARATE TO EITHER A JOINT RETURN OR MARRIED FILING SEPARATE

Current through Register Vol. 13, July 5, 2024
(1) If
				taxpayers who filed separate returns for the preceding tax year file a joint
				return, the tax liability shown on the return for the preceding tax year is the
				sum of both spouses' tax liabilities for the preceding tax year.
15-30-2620, MCA; IMP,
					 15-30-2512,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.312 - ESTIMATED TAX PAYMENTS - DIVORCE

Current through Register Vol. 13, July 5, 2024
(1) Joint
				estimated income tax payments made by married individuals who are divorced at
				the end of the tax year or who are legally separated at the end of a tax year
				for which they do not file a joint return must be split equally unless the
				individuals enter into a written agreement, signed by each, providing a
				different division. By filing a return claiming other than an equal share of
				joint estimated income tax payments, a taxpayer represents that a written
				agreement signed by both parties, as provided in this rule has been
				executed.
(2) Duly executed copies
				of the agreement are tax records and the taxpayer must retain and provide the
				department with copies on request.
(3) The division of jointly filed estimated
				payments as provided in this rule does not relieve either taxpayer from the
				liability for interest on any underpayment.
15-30-2620, MCA; IMP,
					 15-30-2512,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.313 - PAYMENT OF ESTIMATED TAX - DECEDENT

Current through Register Vol. 13, July 5, 2024
(1)
				Joint estimated tax payments may not be made after the death of either spouse.
				The surviving spouse must recompute his or her estimated tax for the remainder
				of the year and pay separate installments for each remaining installment due
				date.
(2) Estimated tax payments
				are not required after the date of death for a deceased taxpayer.
(3) If a joint return is filed for the last
				tax year, the taxpayers' joint estimated tax payments may be applied on the
				return.
(4) If separate returns are
				filed for the last tax year of a deceased spouse, any joint estimated tax
				payments must be split equally.
15-30-2620, MCA; IMP,
					 15-30-2512,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.314 - NONRESIDENTS AND PART-YEAR RESIDENTS

Current through Register Vol. 13, July 5, 2024
(1) A
				nonresident or part-year resident who was not required to file a Montana
				individual income tax return for the previous tax year is not required to pay
				estimated taxes. ARM
				42.15.301 sets forth the rules for
				determining who must file an individual income tax return.
(2) Part-year residents moving out of
				Montana, other than those in (1), are required to pay.
(3) Part-year residents moving in or out of
				Montana are not considered to have a short taxable year unless they have a
				short taxable year on their federal return.
(4) A participant in a composite return for
				the preceding tax year must pay estimated tax for the current tax year as
				provided in ARM
				42.17.305 if they are not a
				participant in a composite return for the current tax year.
(5) A participant in a composite return for
				the current tax year is not required to pay estimated tax for the current tax
				year. The rules for filing composite returns are located in ARM Title 42,
				chapter 9, subchapter 2.
(6) A
				partnership or S corporation must pay estimated tax for the current tax year
				for each participant included in the filing of the current year composite
				return.
15-30-2620, MCA; IMP,
					 15-30-2512,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.315 - WAIVER OF INTEREST ON ESTIMATED TAX UNDERPAYMENT

Current through Register Vol. 13, July 5, 2024
(1) The department may waive interest on
				underpayment of estimated tax as provided in ARM Title 42, chapter 3,
				subchapter 1.
(2) The calculation
				of the estimated underpayment penalty must be made on form EST-I.
15-30-2620, MCA; IMP,
					 15-30-2512,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.316 - TRUSTS, ESTATES, AND FIDUCIARY RETURNS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 15-30-2620, MCA; IMP:
					 15-30-2512,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.3 - Estimated Tax Payments › Rule 42.17.317 - ESTIMATED PAYMENTS FOR MARRIED TAXPAYERS FILING SEPARATE RETURNS

Current through Register Vol. 13, July 5, 2024
(1) Married taxpayers who make estimated
				payments and anticipate filing separate returns on the same form or separate
				returns on separate forms should submit the payments on behalf of the spouse
				whose tax liability the payments are intended to satisfy. For example, if
				spouse A and B are married, spouse A has wages that are subject to withholding
				and spouse B is self-employed, the estimated payments should be submitted
				indicating they are to be applied to spouse B's liability.
(2) Married taxpayers who have submitted
				estimated payments under one spouse's social security number but who
				subsequently determine that all or a portion of the payments should be applied
				to the other spouse's separate tax liability may reallocate the payments.
				Taxpayers who wish to reallocate payments can do so by either:
(a) contacting the department by phone or in
				writing prior to filing their Montana tax return; or
(b) indicating on the line for estimated
				payments how they wish the payments to be allocated when they file their
				Montana tax return.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.4 - Old Fund Liability Tax › Rule 42.17.401 - OLD FUND LIABILITY TAX RATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-30-305 and
					 39-71-2503, MCA; IMP, Sec.
					 39-71-2503 and
					 39-71-2505,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.4 - Old Fund Liability Tax › Rule 42.17.402 - ESTIMATED TAX, PENALTIES AND INTEREST ON OLD FUND LIABILITY TAX (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-30-305 and
					 39-71-2503, MCA; IMP, Sec.
					 39-71-2503,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.4 - Old Fund Liability Tax › Rule 42.17.403 - OLD FUND LIABILITY TAX INCOME (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-30-305 and
					 39-71-2503, MCA; IMP, Sec.
					 39-71-2503,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.5 - Unemployment Insurance › Rule 42.17.501 - EXPERIENCE-RATED EMPLOYERS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 15-30-305,
					 39-51-301, and
					 39-51-302, MCA; IMP, Sec.
					 39-51-301,
					 39-51-404,
					 39-51-1103,
					 39-51-1121,
					 39-51-1123, and
					 39-51-1213,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.5 - Unemployment Insurance › Rule 42.17.502 - STATE, LOCAL GOVERNMENT AND NON-PROFIT ORGANIZATIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 15-30-305,
					 39-51-301, and
					 39-51-302, MCA; IMP, Sec.
					 15-30-301,
					 39-51-1124,
					 39-51-1125, and
					 39-51-1126,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.5 - Unemployment Insurance › Rule 42.17.503 - STATE AND LOCAL GOVERNMENTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-51-302, MCA; IMP, Sec.
					 39-51-404 and
					 39-51-1212,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.5 - Unemployment Insurance › Rule 42.17.504 - RATES FOR NEW EMPLOYERS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-8-201 and
					 39-51-302, MCA; IMP, Sec.
					 39-8-207 and
					 39-51-1101,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.5 - Unemployment Insurance › Rule 42.17.505 - EXPERIENCE-RATING RECORD TRANSFER

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-8-201,
					 39-51-301, and
					 39-51-302, MCA; IMP, Sec.
					 39-8-201 and
					 39-51-1219,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.5 - Unemployment Insurance › Rule 42.17.506 - BENEFIT OVERPAYMENTS - CREDITING EMPLOYER ACCOUNTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-30-305,
					 39-51-301, and
					 39-51-302, MCA; IMP, Sec.
					 39-51-1125,
					 39-51-1212,
					 39-51-1213,
					 39-51-1214, and
					 39-51-1215,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.5 - Unemployment Insurance › Rule 42.17.507 - POSTING NOTICE TO WORKERS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 15-30-305,
					 39-51-301, and
					 39-51-302, MCA; IMP, Sec.
					 15-30-257 and
					 39-51-1110,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.5 - Unemployment Insurance › Rule 42.17.508 - OTHER PAYMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 15-30-305,
					 39-51-301, and
					 39-51-302, MCA; IMP, Sec.
					 15-30-201 and
					 39-51-1103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.5 - Unemployment Insurance › Rule 42.17.538 - REPORTING OF WAGES IN EXCESS OF TAXABLE WAGE BASE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 39-51-301 and
					 39-51-302, MCA; IMP, Sec.
					 39-51-1108,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.5 - Unemployment Insurance › Rule 42.17.539 - DUE DATE OF TAXES FOR NEW EMPLOYERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec. 15-30-325 and
					 39-51-301, MCA; IMP, Sec.
					 15-30-204,
					 39-51-301, and
					 39-51-302,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.6 - Mineral Royalty Withholding › Rule 42.17.601 - ADVANCE PAYMENTS AND FURTHER DISTRIBUTIONS

Current through Register Vol. 13, July 5, 2024
(1) Advance mineral royalty payments that
				relate to, refer to, or concern production are subject to the mineral royalty
				tax withholding requirements.
(2)
				Each remitter who disburses funds that are owed to any person owning a royalty
				interest, overriding royalty interest, production payment, or any other
				nonworking interest in minerals produced in this state, is subject to the
				withholding requirement of
				15-30-2538, MCA.
(3) If a mineral is taken in-kind by a
				royalty owner, the take-in-kind owner must forward 6 percent of the net value
				of the mineral that was taken in-kind to the department unless they are exempt
				from withholding under
				15-30-2539 or
				15-31-102, MCA.
(4) If you are a remitter and you are
				providing accounting services, and these accounting services include fulfilling
				the requirements of
				15-30-2541, MCA, for more than one
				producer, you must remit separate withholding payments and submit a separate
				Form RW-3, Montana Mineral Royalty Withholding Tax Reconciliation Return, for
				each producer.
15-30-2547, MCA; IMP,
					 15-30-2538,
					 15-30-2539,
					 15-30-2541,
					 15-31-102,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.6 - Mineral Royalty Withholding › Rule 42.17.602 - CLAIMING THE CREDIT FOR TAX WITHHELD

Current through Register Vol. 13, July 5, 2024
(1)
				Claiming credit for the tax withheld shall be accomplished as follows:
(a) Credit may be claimed for the tax
				withheld on a Montana individual income tax return or a Montana corporate
				income tax return, with a copy of Form 1099-MISC attached, to substantiate the
				amount claimed.
(b) Taxpayers,
				excluding pass-through entities, that receive a Montana Schedule K-1 from a
				pass-through entity, as defined in
				15-30-2101, MCA may
				claim a refundable credit for the amount shown as their share of the tax
				withheld from Montana net royalty. Taxpayers that claim such a credit must keep
				copies of the federal and Montana Schedule K-1(s) in their records.
(c) Pass-through entities must determine the
				owner's distributive share of mineral royalty withholding in proportion of the
				owner's share of profit and loss from the pass-through entity.
(d) A pass-through entity may claim mineral
				royalty withholding tax paid on its behalf as a credit against pass-through
				withholding tax owed by the pass-through entity on behalf of an owner in
				proportion of the owner's distributive share of profit or loss.
(e) A pass-through entity must claim the
				mineral withholding tax paid on its behalf as a refundable credit against
				composite tax owed by the pass-through entity on behalf of an owner in
				proportion of the owner's distributive share of income or loss.
(f) An estate or trust is entitled to credit
				for the tax withheld in proportion to the amount of royalty income that the
				estate or trust includes in Montana taxable income. A beneficiary is entitled
				to a credit for the tax withheld in proportion to the amount of royalty income
				the beneficiary must report on their Montana individual income tax return.
(g) Any person filing on a fiscal
				year ending other than December 31, must claim a credit for the withholding tax
				shown on the personal income tax return required to be filed during the year
				following the December closing period of the Form RW-3, Montana Mineral Royalty
				Withholding Tax Reconciliation Return.
(h) Production taxes cannot be claimed as
				withholding for mineral royalty withholding or as income tax
				withholding.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.6 - Mineral Royalty Withholding › Rule 42.17.604 - REGISTRATION FOR WITHHOLDING

Current through Register Vol. 13, July 5, 2024
(1) Every
				entity that extracts natural resources within the boundaries of Montana must
				register and file an application for a state identification number on the form
				provided by the department.
(2) Any
				owner or operator who has acquired the business of another entity shall not use
				the predecessor's state identification number. The owner or operator must
				register before the due date of the first report. This applies to both new
				businesses and businesses which have been purchased.
(3) Each registration application must
				contain the applicable tax identification number assigned by the IRS.
(4) No registration is considered complete
				unless the federal identification number appears on the form.
(5) Not being registered does not relieve a
				remitter from the collection and reporting requirements.
15-30-2547, MCA; IMP,
					 15-30-2538,
					 15-30-2541,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.17 - WITHHOLDING AND ESTIMATED TAX PAYMENTS › Subchapter 42.17.6 - Mineral Royalty Withholding › Rule 42.17.605 - FILING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The following
				forms are to be completed and filed in accordance with instructions provided by
				the department:
(a) Form RW-1, Mineral Royalty
				Withholding Payment Voucher, must be filed quarterly unless the department
				establishes that the entity is exempt from the withholding requirements of
				15-30-2538,
				MCA. A remitter may request to file a Form RW-1 on an accelerated basis. The
				remitter must receive approval from the department before remitting the
				withholding tax on a more frequent basis than quarterly;
(b) A remitter who has no withholding to
				remit for a remittance period shall, on or before the due date, send a payment
				voucher showing that a zero amount is being remitted;
(c) Form RW-3, Montana Annual Mineral Royalty
				Withholding Tax Reconciliation, must be filed on or before January 31 of each
				year. Form RW-3 must be accompanied by copies of each royalty owner's
				withholding statements on federal form 1099-MISC, Miscellaneous Income, or Form
				1042-S, Foreign Person's U.S. Source Income Subject to Withholding;
(d) On or before January 31 of each year,
				Form 1099-MISC, Miscellaneous Income, or Form 1042-S, Foreign Person's U.S.
				Source Income Subject to Withholding, shall be furnished by the remitter to
				each person who has received royalties in each calendar year;
(e) Each remitter that is exempt from
				withholding is still required to file the Form RW-3 with the department along
				with a copy of Form 1099-MISC, Miscellaneous Income, or Form 1042-S, Foreign
				Person's U.S. Source Income Subject to Withholding, for every recipient of
				royalties. These reports are due on or before January 31 of each year;
				and
(f) A substitute for Form
				1099-MISC may be filed with the department provided it:
(i) generally follows the guidelines in
				federal Publication 1179, General Rules and Specifications for Substitute Forms
				1096, 1098, 1099, 5498, and Certain Other Information Returns; and
(ii) reports all the information regarding
				Montana royalty payments as required in
				15-30-2543,
				MCA, and the rules in this subchapter.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.101 - MONTANA APPRAISAL PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.102 - RESIDENTIAL AND COMMERCIAL APPRAISAL PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.103 - AGRICULTURAL AND TIMBER APPRAISAL PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.104 - INDUSTRIAL APPRAISAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.105 - MONTANA REAPPRAISAL PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-111,
					 15-7-133,
					 15-7-134,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.106 - 2003 MONTANA REAPPRAISAL PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.107 - 2009 MONTANA REAPPRAISAL PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-111,
					 15-7-133,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.108 - RESIDENTIAL APPRAISAL PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.109 - 2003 RESIDENTIAL REAPPRAISAL PLAN (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 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.110 - 2009 RESIDENTIAL REAPPRAISAL PLAN (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 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.111 - COMMERCIAL APPRAISAL PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.112 - 2003 COMMERCIAL REAPPRAISAL PLAN (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 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.113 - 2009 COMMERCIAL REAPPRAISAL PLAN (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 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.114 - AGRICULTURAL/FOREST LAND APPRAISAL PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.115 - 2003 AGRICULTURAL/FOREST LAND AND IMPROVEMENTS REAPPRAISAL PLAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201,
					 15-7-111, MCA; IMP,
					 15-7-111,
					 15-7-201,
					 15-44-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.116 - 2009 AGRICULTURAL/FOREST LAND AND IMPROVEMENTS REAPPRAISAL PLAN (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 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.117 - INDUSTRIAL PROPERTY APPRAISAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.118 - 2003 INDUSTRIAL PROPERTY REAPPRAISAL

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.22.1314
15-1-201,
					 15-7-111, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.119 - 2009 INDUSTRIAL PROPERTY REAPPRAISAL

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  42.22.1315
15-1-201,
					 15-7-111, MCA; IMP,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.120 - CERTIFICATION AND TRAINING REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
15-1-201, MCA; IMP,
					 15-7-107,
					 15-7-111,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.121 - PURPOSE; ADOPTION OF MONTANA REAPPRAISAL PLAN AND MANUALS; VALUATION CYCLES

Current through Register Vol. 13, July 5, 2024
(1) This chapter
				pertains to the department's statutorily required reappraisal plan and related
				property classification and valuation manuals for each valuation cycle. The
				Montana Reappraisal Plan (Plan) provides an overview of the department's duty
				to complete uniform valuations of all taxable real property. The manuals
				referenced in (3) describe department processes used in the classification and
				valuation of residential land and improvements, commercial land and
				improvements, industrial land and improvements, agricultural land, and forest
				land.
(2) The department will use
				its computer assisted mass appraisal (CAMA) system to assist in its valuation
				processes and will consider the sales comparison approach, cost approach, and
				income approach in its determination of a property's market value. The
				department shall use the approach or approaches based on the type of property
				and the quantity and quality of data available.
(3) The department adopts and incorporates by
				reference the Plan, the Montana Residential, Commercial, and Industrial
				Property Classification and Valuation Manual, and the Montana Agricultural Land
				Classification and Valuation Manual, all dated January 1, 2023. The department
				also adopts and incorporates by reference the Montana Forest Land
				Classification and Valuation Manual dated January 1, 2021, and updated as of
				January 1, 2023. Each manual explains how the department classifies and values
				subject property types. A copy of the Plan and the manuals may be obtained from
				the Department of Revenue, Property Assessment Division, P.O. Box 8018, Helena,
				MT 59604-8018, and on the department's web site at
https://mtrevenue.gov/publications/property-reappraisal-plan-manuals
.
(4) Class four residential, commercial, and
				industrial property is appraised at its market value as of January 1, 2022, for
				the 2023-2024 valuation cycle.
(5)
				Class three agricultural land is appraised at its productivity value as of
				January 1, 2022, for the 2023-2024 valuation cycle. Agricultural land values
				reflect productivity values in accordance with
				15-7-201, MCA.
(6) Class ten forest land is appraised at its
				productivity value as of January 1, 2020, for the 2021-2026 valuation cycle.
				Forest land values reflect productivity values in accordance with
				15-44-103, MCA.
(7) For the purposes of these rules, the
				terms "reappraisal cycle" and "valuation cycle" are considered synonymous and
				interchangeable.
AUTH:
					 15-1-201,
					 15-7-111,
					 15-7-201, MCA IMP:
					 15-7-101,
					 15-7-103,
					 15-7-111,
					 15-7-112,
					 15-7-201,
					 15-44-103,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.122 - 2017-2018 MONTANA REAPPRAISAL PLAN, APPRAISAL GUIDE, AND 2017-2018 MONTANA AGRICULTURAL LAND CLASSIFICATION MANUAL (REPEALED)

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 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.123 - FARM MACHINERY AND EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) The department
				applies the valuation methods in sequential order as shown in (2) through
				(8).
(2) The market value for farm
				machinery and equipment shall be the "average wholesale" value as shown in the
				Iron Solutions, Northwest Region Official Guide, Fall Edition, for the year
				previous to the year of the assessment. This guide may be reviewed in the
				department or purchased from the publisher: North American Equipment Dealers
				Association, 1195 Smizer Mill Road, Fenton, Missouri 63026-3480.
(3) For all farm machinery and equipment that
				cannot be valued under (2), the department has developed a manual to value the
				equipment. This manual will be used in conjunction with the depreciation
				schedule in (5) when valuing farm equipment and machinery. The purpose of the
				manual developed by the department is to arrive at values which approximate
				average wholesale value. The department's farm machinery manual is incorporated
				by reference. Customers can contact the department to obtain copies.
(4) For all farm machinery and equipment
				which cannot be valued under (2) and (3):
(a)
				the department shall try to ascertain the original FOB (free on board value)
				through old farm machinery and equipment valuation guidebooks; and
(b) if an original FOB cannot be ascertained,
				the department may use trending to determine the FOB.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.124 - VALUATION PERIODS

Current through Register Vol. 13, July 5, 2024
(1) In compliance
				with 15-7-103, MCA, for the taxable
				years from:
(a) January 1, 2003, through
				December 31, 2008, all property classified in
				15-6-134, MCA, (class four) must
				be appraised at its market value as of January 1, 2002.
(b) January 1, 2009, through December 31,
				2014, all property classified in
				15-6-134, MCA, (class four) must
				be appraised at its market value as of July 1, 2008.
(c) January 1, 2015, through December 31,
				2016, all property classified in
				15-6-134, MCA, (class four) must
				be appraised at its market value as of January 1, 2014.
(d) January 1, 2017, through December 31,
				2018, all property classified in
				15-6-134, MCA, (class four) must
				be appraised at its market value as of January 1, 2016.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.125 - EXTENSION OF TIME FOR LANDOWNERS TO RESPOND TO ACCESS NOTICES FROM DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) Prior to
				November 30 of each year, the department shall publish in a newspaper of
				general circulation in each county a notice stating that the department may be
				entering private property for the purpose of appraising or auditing property.
				Each county treasurer shall annually include that same notification with the
				property tax bills when they are mailed to the registered landowner.
(2) The landowner or the landowner's agent
				has a right to be present when the property valuation staff conducts the audit
				or appraisal work. Except for the provision stated in (4), the landowner or
				landowner's agent must assert that right by mailing notification to the local
				department field office within 30 days following the date of publication in the
				newspaper.
(3) The written notice
				must provide the following information:
(a)
				landowner or landowner's agent's full name;
(b) mailing address;
(c) property address; and
(d) a telephone number that the appraiser or
				auditor can call to contact the landowner or landowner's agent during normal
				business hours.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.126 - PROGRESS REPORTING (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 42.18 - MONTANA APPRAISAL PLAN › Subchapter 42.18.1 - General Provisions › Rule 42.18.127 - PROPERTY TAX FEE APPRAISAL REQUIREMENTS WHEN TAXPAYER DENIES THE DEPARTMENT ACCESS TO PROPERTY TO CONDUCT AN APPRAISAL AND/OR AUDIT

Current through Register Vol. 13, July 5, 2024
(1) The appraisal must be completed by an
				appraiser who is certified by the Montana Board of Real Estate
				Appraisers.
(2) The appraisal must
				be conducted in accordance with current uniform standards of professional
				appraisal practice (USPAP) set forth for certified real estate appraisers under
				37-54-403, MCA.
(3) The appraisal must establish a separate
				market value for each improvement and the land.
(a) If the appraisal was conducted for a
				single family dwelling, the sales comparison approach and cost approach must be
				included. The cost approach must document the land value, the value of each
				single family residence, and all outbuildings. If the appraiser chooses the
				sales comparison approach as the best indicator of value, then the appraiser
				must specifically state the contributory value of the land to the reconciled
				value.
(b) If the appraisal was
				conducted for a commercial property, the income approach, sales comparison
				approach, and the cost approach must all be included. The cost approach must
				document the land value, the value of each commercial structure, and all
				ancillary buildings and site improvements. If the appraiser chooses either the
				income approach or the sales comparison approach as the best indicator of
				value, then the appraiser must specifically state the contributory value of the
				land to the reconciled value.