Form Der-1 - Montana Disregarded Entity Information Return - 2009 Page 4
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4Upon withholding from the owner’s share, the disregarded
Line 8 – Montana Individual Tax Withheld. If the owner is
entity is required to complete Form PT-WH notifying the
a nonresident individual who did not sign an agreement to
owner of the amount of withholding remitted to the State of
fi le a Montana tax return, the disregarded entity is required
Montana. The owner may use this amount as a payment
to withhold tax at the rate of 6.9% on that individual’s
against their corporate license tax or individual income tax.
Montana source income. Enter the amounts withheld for
each owner and reported on Schedule I, Column F.
What happens if I am late in fi ling Form DER-1?
Line 10 – Total Payment Due. Add lines 6 and 9. This is
A disregarded entity is charged a late fi le penalty if Form
the total amount that you should remit with your information
DER-1 is fi led after the due date, including the automatic
return. To assure proper application of your payment,
extension, unless the entity can show reasonable cause
include your FEIN or SSN and “FORM DER-1” in the memo
for not fi ling on time. For a disregarded entity that does
section of the payment. Send your payment and Form
not have a tax year, the penalty is based on the number of
DER-1 to: Montana Department of Revenue, PO Box 8021,
owners on December 31 of the preceding year. This penalty
Helena, MT 59604-8021.
is calculated for up to fi ve months. For more information,
see “Late Filing Penalty” below.
Schedule I Instructions
Please Note: A late fi le penalty is not imposed on an entity
Except for an IRC § 761 partnership, the disregarded
that has ten or fewer owners if the owners have fi led the
entity should have only one owner who owns 100% of the
required tax returns or other required reports timely and
disregarded entity.
have paid all taxes when due.
Column A – Name and Address of Owner. Enter the
name and complete mailing address of each owner. Include
Form DER-1 Instructions
the street address, city, state and zip code.
Heading. Enter the name and address of the disregarded
Column B – Identifi cation Number. If the owner is an
entity that is doing business in Montana.
individual, enter the social security number (SSN). If the
Federal Employer Identifi cation Number (FEIN) or
owner is an individual fi ling federal Schedule C, enter the
Social Security Number (SSN). Enter the FEIN or SSN of
individual’s SSN.
the disregarded entity. If the FEIN or SSN is the same as
If the owner is a C corporation, enter the federal
the owner’s FEIN or SSN reported on Schedule I, check
identifi cation number (FEIN). If the owner is a single
the box located below.
member limited liability company owned by an S
Lines 1 through 4 – Complete lines 1 through 4 as they
corporation, enter the S corporation’s FEIN.
relate to the disregarded entity and not the owner of the
Column C - Percentage of Ownership. Enter each
disregarded entity.
owner’s percentage of ownership. Generally, this is 100%
Line 5 – Disregarded Entity Type. Check only one of the
unless the disregarded entity is an IRC § 761 partnership.
fi ve types of disregarded entities listed.
Column D – Montana Source Income. Enter the owner’s
If you have checked the box indicating that you are a single
share of the disregarded entity’s Montana source income,
member limited liability company, check the appropriate
gain, loss, deduction or credit.
box that corresponds with the 10 types of owners listed
Column E – Montana Corporation Tax Withheld. If the
under the single member limited liability company category.
owner is a foreign C corporation, multiply the amount in
If you have checked the box indicating that you are an
column D by 6.75% and enter the result in this column.
IRC § 761 partnership or an IRC § 1361(b)(3) qualifi ed
Column F – Montana Individual Tax Withheld. If the
subchapter S subsidiary, enter the date of your federal
owner is a nonresident individual or a second tier pass-
election.
through entity, multiply the amount in column D by 6.9%
Line 6 – Late File Penalty. A disregarded entity is charged
and enter the result in this column.
a late fi le penalty if Form DER-1 is fi led after the due date,
Column G – Consent Agreement or Statement. The
including the automatic extension, unless the entity can
information supplied in this column is for nonresident
show reasonable cause for not fi ling on time. The penalty
owners who will be fi ling a Montana tax return. An owner
is $10 multiplied by the number of owners at the close of
is considered a nonresident if the individual owner is not a
the tax year for each month or fraction of a month that
Montana resident. A disregarded entity is not required to
the entity does not fi le the disregarded entity information
complete and attach a new agreement each year as long
return. This penalty is calculated for up to fi ve months. For
as we have an up-to-date Form PT-AGR for that owner.
example, if a disregarded entity owned by ten individuals
and an S corporation fi les the Form DER-1 six months after
You only need to provide Form PT-STM for a second tier
its due date, the late fi le penalty would be $550 ($10 x 11 x
pass-through entity that has a nonresident owner. If the
5 months).
owner is a second tier pass-through entity, we have to
receive a new Form PT-STM each year. In column G, enter
Line 7 – Montana Corporation Tax Withheld. If the owner
the year that the form was provided to us or attach copies
is a foreign C corporation and did not sign an agreement to
of up-to-date, signed agreements and statements and enter
fi le a Montana tax return, the disregarded entity is required
“2009” in column G.
to withhold tax at the rate of 6.75% on the corporation’s
Montana source income. Enter the amounts withheld for
each owner and reported on Schedule I, Column E.
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