Montana requires most registered business entities to file an Annual Report with the Montana Secretary of State. This report updates the state with current information about your entity, helping to maintain its active status and good standing. The due date for this report is generally the same for most entity types. In addition to this, there are annual tax-related filings with the Montana Department of Revenue and specific requirements for charitable organizations.
Why is it important to file? Maintaining good standing with the State of Montana is crucial for your entity’s legal operation. Failure to comply with these filing requirements can lead to penalties and negative consequences, including:
Late Fee: A $15.00 late fee is assessed for annual reports not filed by the April 15th deadline.
“Not in Good Standing” Status: Your business will be marked as “Not in Good Standing” if the report is not filed by the due date.
Administrative Dissolution/Revocation: If a domestic entity fails to file its annual report, it will receive a notice of upcoming dissolution on September 1st and then be administratively dissolved on December 1st. Foreign entities will receive notice of upcoming revocation on September 1st and then be revoked on November 1st.
Loss of Liability Protection: For LLCs and corporations, administrative dissolution can lead to the loss of personal liability protection for the owners and managers, potentially exposing personal assets to business debts and lawsuits.
Loss of Name Protection: Your entity’s name may become available for others to use.
Inability to Conduct Business: A dissolved or revoked status can hinder your ability to legally enter into contracts, maintain bank accounts, or defend yourself in Montana courts.
Complex Reinstatement: Reinstatement is a time-consuming and costly process, requiring the filing of all delinquent reports and payment of all accumulated fees and penalties.
Specific Requirements by Entity Type in Montana:
For Most Entity Types (LLC, Corporation, Non-Profit) in Montana:
Annual Report (Montana Secretary of State):
Frequency: Annually.
Filing Period: Can be filed as early as January 1st of the current year.
Due Date: By April 15th of each year.
Filing Method: Annual Reports must be filed online through the Montana Secretary of State’s online filing portal.
Information Required: Entity’s legal name, Montana File Number, current principal office mailing address, current Registered Agent information (name and street address), and information on the entity’s governing persons (e.g., officers/directors for corporations/non-profits; members/managers for LLCs).
For Corporations (For-Profit & Professional) in Montana:
In addition to the Annual Report:
Filing Fee for Annual Report:$20.00. (Please note: The Montana Secretary of State has, in some years, waived this fee, so it’s always good to check their official website for the most current fee schedule.)
Late Penalty: $15.00.
Montana Corporate Income Tax (Montana Department of Revenue – Form CIT):
Frequency: Annually.
Due Date: By the 15th day of the 4th month following the close of your taxable year (e.g., April 15th for calendar year filers).
No separate Corporate Franchise Tax: Montana does not impose a separate franchise tax for corporations.
Extensions: Montana generally grants an automatic 6-month extension to file corporate income tax returns. This is an extension to FILE, not an extension to PAY; any tax due must still be paid by the original deadline to avoid interest and penalties.
For Limited Liability Companies (LLCs) in Montana:
In addition to the Annual Report:
Filing Fee for Annual Report:$20.00.
Late Penalty: $15.00.
Montana Income Tax: LLCs are generally treated as pass-through entities for Montana income tax purposes (unless they elect to be taxed as corporations).
Single-Member LLCs (Disregarded): Income and losses are reported on the owner’s individual Montana income tax return (Form 2). No separate state-level return is typically filed by the LLC itself.
Multi-Member LLCs (Partnership-Taxed): If your LLC is a multi-member LLC taxed as a partnership, it generally needs to file Form PTE, Montana Pass-Through Entity Tax Return, with the Montana Department of Revenue. This is an informational return. Nonresident member withholding may apply.
Corporate-Taxed LLCs: If your LLC has elected to be taxed as a C-corporation for federal purposes, it will file Form CIT and be subject to Montana corporate income tax.
For Partnerships (General Partnerships, Limited Partnerships, Limited Liability Partnerships, Limited Liability Limited Partnerships) in Montana:
Annual Report Requirement (Montana Secretary of State):
General Partnerships (GPs): Generally, GPs formed by agreement are NOT required to file an annual report with the Montana Secretary of State.
Limited Partnerships (LPs) & Limited Liability Partnerships (LLPs/LLLP): These entities generally DO NOT file an annual report with the Montana Secretary of State. Instead, they typically file a Five-Year Renewal at their original registration anniversary. The fee for an LLP renewal is $20.00, and for an LP/LLLP renewal is $15.00.
Montana Pass-Through Entity Income Tax Return (Montana Department of Revenue – Form PTE):
Frequency: Annually.
Due Date: By the 15th day of the 3rd month following the close of the taxable year (e.g., March 15th for calendar year filers).
Note: This is generally an informational return. Partnerships are usually pass-through entities, and the partners pay tax on their share of the income. Nonresident partner withholding may apply.
Extensions: Montana generally grants an automatic 6-month extension for filing pass-through entity tax returns. This is an extension to FILE, not an extension to PAY.
For Non-Profit Corporations in Montana, please also note the following:
In addition to the Annual Report:
Annual Report Filing Fee:$20.00.
Late Penalty: $15.00.
Charitable Organization Registration and Annual Renewal (Montana Attorney General’s Office):
Montana does not currently have a state-level charitable registration requirement with the Attorney General for fundraising purposes. Non-profits are generally only required to register with the Secretary of State (annual report) and the IRS (for 501(c)(3) status).
However, if your non-profit owns real or personal property and seeks tax exemption for that property, you generally must file an application with the Montana Department of Revenue by March 1st to be considered for the current tax year.
Montana Exempt Organization Business Income Tax (Montana Department of Revenue – Form CIT if applicable):
Frequency: Annually, if applicable.
Applies if: Your non-profit has unrelated business taxable income (UBTI) that exceeds the federal filing threshold. If so, a Montana Corporate Income Tax return (Form CIT) would be filed to report and pay tax on UBTI.
No other state-level income tax: Generally, if your non-profit has obtained 501(c) tax-exempt status from the IRS, it is also exempt from Montana corporate income tax purposes (unless it has UBTI).
Federal IRS Form 990 Series: As a federally tax-exempt organization, your non-profit must file an annual information return with the IRS (Form 990, 990-EZ, 990-PF, or 990-N, depending on your gross receipts and assets). This is typically due by the 15th day of the 5th month after your fiscal year ends (e.g., May 15th for a December 31st fiscal year-end).
What information is generally required for these filings? The various Montana filings typically require verification or updating of the following:
Your entity’s legal name and Montana File Number.
The current principal office mailing address.
The name and physical street address of your Montana Registered Agent.
For Corporations and Nonprofits: Names and addresses of your principal officers and directors.
For LLCs: Names and addresses of managers (if manager-managed) or members (if member-managed).
Updated contact information for the entity.
How can we assist you? We understand that navigating these compliance requirements, particularly Montana’s specific deadlines and online-only filing for annual reports, can be complex. We are here to assist you with understanding and fulfilling your Montana compliance obligations. Our services for these filings include:
Determining your specific filing requirements and due dates.
Gathering the necessary information.
Preparing and accurately filing your Annual Reports with the Montana Secretary of State.
Assisting with the preparation and filing of your Montana tax returns (e.g., corporate income tax, pass-through entity returns) (if applicable).
Arranging payment of the applicable fees/taxes.
Confirming receipt and good standing with the Montana Secretary of State and, if applicable, the Department of Revenue.
What we need from you: To facilitate these filings, fill up the information sheet:
Please do not hesitate to contact us at your earliest convenience to discuss your Montana compliance obligations. We can help ensure your entity remains in good standing and avoids any potential adverse consequences.
