Affidavit of Inactivity for Corporations Instructions
Do you have any property or rents in Montana?
This affidavit may be completed in lieu of a tax return if the
taxpayer has no activity in Montana and the taxpayer is a
If you have any property or rents in Montana, you must mark
C corporation or S corporation. A separate form must be
“Yes” and file a return. You are not eligible to file this form if
completed for each tax period.
you own the following property located in Montana:
note: Only C corporations and S corporations can complete
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Office (including an in-home office)
this form. If you are an LLC taxed as a C corporation or S
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Agency
corporation, you do not qualify for this form.
Warehouse
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Part I. Tax Period
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Place of business
Enter the tax period for which this form is being completed.
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Tangible property
The Montana tax period is the same as the federal income
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Realty
tax period pursuant to Section 15-31-112, Montana Code
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Leases or rentals of tangible property or realty
Annotated.
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Title to any property
Mark “Yes” if you are withdrawing this entity with the Montana
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Security interest in any products
Secretary of State or dissolving this entity.
If your business is a freight carrier who travels through
Part II. Qualifications
Montana, you must file a return. Please refer to Administrative
Rules of Montana 42.26.264 and 42.26.601 through
Do you have any type of income (sales, gains, etc.) from
42.26.706.
sources in Montana?
Did you receive any distributive shares of Montana source
If you have any income (sales, gains, etc.) in Montana, you
items from a pass-through entity?
must mark “Yes” and file a return. You are not eligible to file
this form if you have the following
If you receive any distributive shares of any Montana source
item, you must mark “Yes” and file a return. You are not
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Sales receipts
eligible to file this form if a Montana Schedule K-1 should be
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Fees for services
completed on your behalf. Montana source items from a pass-
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Franchise fees
through entity may include:
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Royalties (including mineral rights royalties in Montana)
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Income
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Licensing fees
Interest
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Rents
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Depreciation
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Sales of tangible personal or real property
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Rents
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Sales of services or intangible property
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Net capital or section 1231 gains or losses
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Services provided in Montana
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Royalties
If you believe your Montana sales are protected under Public
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Section 179 deduction
Law 86-272 (Administrative Rules of Montana 42.26.501
Part III. Entity Information
through 42.26.505), you must mark “Yes” and file a return. You
are not eligible to file this affidavit.
You will need to answer all of the questions. Please provide
the name and phone number of a person we may contact
Do you have any employees or other representatives who
if we have any questions regarding this form. Mark the
perform work in Montana?
C corporation box if you are a C corporation for tax filing
If you have any employees or other representatives who
purposes. Mark the S corporation box if you have a valid
perform work in Montana, you must mark “Yes” and file a
Subchapter S election for federal purposes. The Montana
return. You are not eligible to file this form if your employees or
Secretary of State ID is the number you received with the
other representatives do the following in Montana:
certificate of authority to do business in Montana or when the
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Solicit sales
corporation was incorporated in Montana. This identification
number begins with two zeros and a letter. Enter two zeros
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Perform services
(00) and the letter in the first three spaces provided. For
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Receive purchase orders
example, if your ID is D987654, enter 00D987654 in the space
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Train personnel or conduct training courses
provided. To find a company’s identification number, please
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Perform installation work
visit the Secretary of State’s website at sos.mt.gov and search
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Conduct lectures or hold meetings
for the business’ name under the Business Services section.
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Work on your behalf as independent contractors
Part IV. Affidavit and Signature
If you believe your Montana payroll is protected under Public
This form must be completed and signed by an authorized
Law 86-272 (Administrative Rules of Montana 42.26.501
representative of the designated entity.
through 42.26.505), you must mark “Yes” and file a return. You
Please send this form to:
are not eligible to file this affidavit.
Montana Department of Revenue
PO Box 5805
Helena, MT 59604-5805
Questions? Please call us at (866) 859-2254 (in Helena, 444-
6900).