Form Der-1 - Montana Disregarded Entity Information Return - 2012 Page 6
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6behalf of the nonresident owner(s), foreign C corporations, and
is 6.75% of the Montana source income. For a nonresident
second-tier pass-through entity owners. The owner(s) will claim
individual or a second tier pass-through entity, the amount
this amount on their own Montana tax returns.
remitted is 6.9% of the Montana source income. Transfer the
amount(s) of these columns to page 1, line 7, of the Form DER-1.
Line 8 – Late Filing Penalty. A late fi ling penalty is charged if
Form DER-1 is fi led after the due date, including the automatic
Column G – PT-AGR or PT-STM. There are two types of
extension. The penalty is $10 multiplied by the number of months
documents that are reported here, depending on the type of
or fractions of a month that the entity does not fi le the disregarded
owner.
entity information return. This penalty is calculated for up to fi ve
If the owner is an individual, trust, estate or foreign C corporation,
months. For example, if a disregarded entity fi les the Form DER-
the owner must provide a Form PT-AGR to the disregarded
1 six months after its due date, the late fi le penalty would be $50
entity if the disregarded entity does not pay tax on behalf of the
($10 x 5 months).
owner for the owner’s share of Montana source income. If the
Please Note: A late fi ling penalty is not imposed on an entity that
disregarded entity is fi ling the agreement to the department this
has ten or fewer owners each of whom is an individual, an estate
year, enter “2012.”
of a deceased individual, or a C corporation and if the owners
If the owner is a pass-through entity, the owner must provide a
have fi led the required tax returns or other required reports timely
Form PT-STM to the disregarded entity if the disregarded entity
and have paid all taxes when due.
does not pay tax on behalf of the owner for the owner’s share of
Line 9 – Late Payment Penalty. If the entity hasn’t paid the tax
Montana source income. If the disregarded entity is providing the
liability (line 7) by the due date of the return, it will have to pay a
statement to the department this year, enter “2012.”
late payment penalty. This penalty is 1.2% per month or fraction
of a month on the tax liability that was not paid by the original due
date. This penalty cannot exceed 12% of the tax liability on line 7.
Line 10 – Interest. Compute interest on any tax liability (line 7)
that has not been paid by the due date of the tax return and enter
the total on this line.
If 100% of the tax liability is not paid by the original due date,
interest is due at a rate of 8% per year, computed daily on the
unpaid balance.
To calculate the interest, multiply line 7 by 0.02192% (0.0002192)
times the number of days after the unextended due date.
Line 11 – Total Tax, Penalties and Interest. Add lines 7 through
10; enter the result on this line.
Pay the amount due to the Montana Department of Revenue and
include the FEIN or SSN and “FORM DER-1” in the memo section
of the payment. Send your payment and Form DER-1 to:
Montana Department of Revenue
PO Box 8021
Helena, MT 59604-8021
Schedule I Instructions
Include all owners on this form. Except for an IRC § 761
partnership, or when spouses are considered a single taxpayer,
the disregarded entity should have only one owner who owns
100% of the entity.
Column A – Name and Address of Owner. Enter the name and
complete mailing address of each owner.
Column B – Identifi cation Number. If the owner is an individual
or an individual fi ling federal Schedule C, enter the individual’s
social security number (SSN).
If the owner is any other entity type listed on page 1, line 6A, enter
the federal employer identifi cation number (FEIN).
Column C – Percentage of Ownership. Enter each owner’s
percentage of ownership in the disregarded entity that is used to
calculate the owner’s share of income (loss). Generally, this is
100% unless the disregarded entity is an IRC § 761 partnership.
Column D – Montana Source Income. Enter each owner’s share
of the disregarded entity’s Montana source income (loss).
Column E and Column F. Enter the amount remitted on behalf
of each owner. For a foreign C corporation, the amount remitted
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