Form Der-1 - Montana Disregarded Entity Information Return - 2012 Page 4
Download a blank fillable Form Der-1 - Montana Disregarded Entity Information Return - 2012 in PDF format just by clicking the "DOWNLOAD PDF" button.
Open the file in any PDF-viewing software. Adobe Reader or any alternative for Windows or MacOS are required to access and complete fillable content.
Complete Form Der-1 - Montana Disregarded Entity Information Return - 2012 with your personal data - all interactive fields are highlighted in places where you should type, access drop-down lists or select multiple-choice options.
Some fillable PDF-files have the option of saving the completed form that contains your own data for later use or sending it out straight away.
ADVERTISEMENT
1
2
3
4
5
6Form DER-1 General Information
entity is fi ling its fi nal return, Form 1066 is due by the 15th day of
the 4th month following the date the REMIC ceased to exist.
What is a disregarded entity?
What is Montana Source Income?
A disregarded entity is a business entity that is disregarded as a
separate entity from its business owner for federal tax purposes. If
In general, Montana source income is the separately and non-
an entity is disregarded as a separate entity for federal income tax
separately stated income, gain, loss, deduction or credit, or items
purposes, it is also disregarded as a separate entity for Montana
of income, gain, loss, deduction or credit that you have derived
income tax purposes.
from a trade, business, occupation or profession carried on in
Montana or that was derived from the sale or other transfer, or the
Examples of disregarded entities include a domestic single
rental, lease, or other commercial exploitation of property located
member limited liability company (SMLLC) that does not elect
in Montana.
to be classifi ed as a corporation for federal tax purposes, a
corporation that is a qualifi ed REIT subsidiary, and a corporation
What is the due date of Form DER-1?
that is a qualifi ed subchapter S subsidiary.
If the Disregarded Entity is a:
Then the Form DER-1 is due:
Who is required to fi le Form DER-1?
Single Member Limited Liability Company whose single
member owner is a:
Single member limited liability company: A single member
limited liability company (SMLLC) treated as a disregarded
• C corporation,
On or before the 15th day of
entity, whether formed in Montana or in another state or country,
the third month following the
• S corporation,
is required to fi le Form DER-1, Montana Disregarded Entity
close of the owner’s annual
• Real Estate Investment
Information Return, if the entity is engaged in business in Montana
accounting period.
Trust (REIT)
or has Montana source income.
Qualifi ed Subchapter S
On or before the due date
Exception: Form DER-1 is not required to be fi led if the
Subsidiary
of the parent S corporation’s
disregarded entity is a single member limited liability company
information return.
whose sole member is an individual who has been a full-time
Qualifi ed REIT Subsidiary
On or before the due date of
Montana resident during the applicable reporting period.
the parent REIT’s information
return.
IRC § 761 Electing Partnership: Form DER-1 is required to be
fi led on or before 90 days after the date a partnership elects
• Individual
On or before the 15th day of
the fourth month following the
under section 761 of the Internal Revenue Code, to be excluded
• Estate
close of the owner’s annual
from the application of all or part of subchapter K of chapter 1 of
• Non-Grantor Trust
the Internal Revenue Code. A section 761 electing partnership
accounting period.
• Partnership
also has to fi le another Form DER-1 within 90 days after: (1)
• Real Estate
its 761 election is changed or revoked for federal tax purposes;
• Mortgage Investment
(2) any capital or profi t interest of any partner, member, or other
Conduit (REMIC)
owner is transferred, liquidated, or redeemed; (3) it is dissolved,
Electing IRC § 761 Partnership On or before April 15, 2013
liquidated, merged, or consolidated with another entity; (4) it
sells substantially all its assets; or (5) it fi les an application for a
Any other single member LLC
On or before August 31, 2013
certifi cate of withdrawal with the Montana Secretary of State.
not described above.
Qualifi ed Subchapter S Subsidiary as defi ned in IRC § 1361(b)(3):
If the Disregarded Entity is a:
Then the Form DER-1 is due:
Any corporation described in IRC § 1361(b)(3) whose parent
elects to have the subsidiary be treated as a qualifi ed subchapter
Entity Type Other than Single Member Limited Liability
S subsidiary and that has Montana source income or is engaged
Company
in business in Montana, must fi le Form DER-1 on or before 90
• IRC § 761 Electing
See “Who is required to fi le
days after the election is made. Another Form DER-1 must also
Partnership (Syndicate,
Form DER-1?” regarding due
be fi led within 90 days after the date: (1) its qualifi ed subchapter S
Group, Pool, Joint Venture,
dates.
subsidiary status is changed or revoked for federal tax purposes;
or other Unincorporated
(2) its stock is transferred or redeemed; (3) it is dissolved,
Organization)
liquidated, merged, or consolidated with another entity; (4) it
• Qualifi ed Subchapter S
sells substantially all its assets; or (5) it fi les an application for a
Subsidiary as defi ned in IRC
certifi cate of withdrawal with the Montana Secretary of State.
§ 1361(b)(3)
• Qualifi ed Real Estate
Qualifi ed Real Estate Investment Trust Subsidiary as defi ned in
IRC § 856(i)(2) (REIT): Any corporation defi ned as a qualifi ed
Investment Trust Subsidiary
REIT subsidiary in IRC § 856(i)(2) that has Montana source
as defi ned in IRC § 856(i)(2)
income and has assets, liabilities, and items of income,
(REIT)
deductions, and credits that are included in the federal income tax
• Real Estate Mortgage
return of its parent REIT, must fi le Form DER-1 on or before the
Investment Conduit as
due date of its parent REIT’s information return.
defi ned in IRC § 860D
(REMIC)
Real Estate Mortgage Investment Conduit as defi ned in IRC §
860D (REMIC): Every unincorporated Real Estate Mortgage
► If the due date falls on a holiday that defers a fi ling date as
Investment Conduit (REMIC) described in IRC § 860D, that has
recognized by the IRS, the return may be fi led on the fi rst
Montana source income, must fi le a copy of its federal Form 1066
business day after the holiday.
(Real Estate Mortgage Investment Conduit Income Tax Return) on
or before the federal due date (including extensions). Generally,
REMICs must fi le the Form 1066 by April 15th. However, if the
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Financial