Form Der-1 - Montana Disregarded Entity Information Return - 2013 Page 4
Download a blank fillable Form Der-1 - Montana Disregarded Entity Information Return - 2013 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 - 2013 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
6entity is engaged in business in Montana or has Montana source
Form DER-1 General Information
income.
What is a disregarded entity?
Qualifi ed real estate investment trust subsidiary as defi ned in IRC
A disregarded entity is a business entity that is disregarded as a
§ 856(i)(2) (REIT): Any corporation defi ned as a qualifi ed REIT
separate entity from its business owner for federal tax purposes. If
subsidiary in IRC § 856(i)(2) that has Montana source income
an entity is disregarded as a separate entity for federal income tax
and has assets, liabilities, and items of income, deductions, and
purposes, it is also disregarded as a separate entity for Montana
credits that are included in the federal income tax return of its
income tax purposes.
parent REIT, must fi le Form DER-1 on or before the due date of
its parent REIT’s information return.
Examples of disregarded entities include a domestic single
member limited liability company (SMLLC) that does not elect
Real estate mortgage investment conduit as defi ned in IRC §
to be classifi ed as a corporation for federal tax purposes, a
860D (REMIC): Every unincorporated Real Estate Mortgage
corporation that is a qualifi ed REIT subsidiary, and a corporation
Investment Conduit (REMIC) described in IRC § 860D, that has
that is a qualifi ed subchapter S subsidiary.
Montana source income, must fi le a copy of its federal Form 1066
(Real Estate Mortgage Investment Conduit Income Tax Return) on
Who is required to fi le Form DER-1?
or before the federal due date (including extensions). Generally,
Single member limited liability company: A single member
REMICs must fi le the Form 1066 by April 15th. However, if the
limited liability company (SMLLC) treated as a disregarded
entity is fi ling its fi nal return, Form 1066 is due by the 15th day of
entity, whether formed in Montana or in another state or country,
the 4th month following the date the REMIC ceased to exist.
is required to fi le Form DER-1, Montana Disregarded Entity
Information Return, each year the entity is engaged in business in
What is Montana Source Income?
Montana or has Montana source income.
In general, Montana source income is the separately and non-
separately stated income, gain, loss, deduction or credit, or items
Exception: Form DER-1 is not required to be fi led if the
of income, gain, loss, deduction or credit that you have derived
disregarded entity is a single member limited liability company
from a trade, business, occupation or profession carried on in
whose sole member is an individual, estate or trust who has
Montana or that was derived from the sale or other transfer, or the
been a full-time Montana resident during the applicable reporting
rental, lease, or other commercial exploitation of property located
period.
in Montana.
IRC § 761 electing partnership: Form DER-1 is required to be
fi led on or before 90 days after the date a partnership elects
What is the due date of Form DER-1?
under section 761 of the Internal Revenue Code, to be excluded
If the Disregarded Entity is a:
Then the Form DER-1 is due:
from the application of all or part of subchapter K of chapter 1 of
Single Member Limited Liability Company whose single
the Internal Revenue Code. A section 761 electing partnership
member owner is a:
also has to fi le another Form DER-1 within 90 days after: (1)
its 761 election is changed or revoked for federal tax purposes;
• C corporation,
On or before the 15th day of
(2) any capital or profi t interest of any partner, member, or other
the third month following the
• S corporation,
owner is transferred, liquidated, or redeemed; (3) it is dissolved,
close of the owner’s annual
• Real Estate Investment
liquidated, merged, or consolidated with another entity; (4) it
accounting period.
Trust (REIT)
sells substantially all its assets; or (5) it fi les an application for a
Qualifi ed Subchapter S
On or before the due date
certifi cate of withdrawal with the Montana Secretary of State. A
Subsidiary
of the parent S corporation’s
section 761 electing partnership is required to fi le Form DER-1,
information return.
Montana Disregarded Entity Information Return, each year the
Qualifi ed REIT Subsidiary
On or before the due date of
entity is engaged in business in Montana or has Montana source
the parent REIT’s information
income.
return.
Qualifi ed subchapter S subsidiary as defi ned in IRC § 1361(b)(3):
• Individual
On or before the 15th day of
Any corporation described in IRC § 1361(b)(3) whose parent
the fourth month following the
• Estate
elects to have the subsidiary be treated as a qualifi ed subchapter
close of the owner’s annual
• Non-Grantor Trust
S subsidiary and that has Montana source income or is engaged
accounting period.
• Partnership
in business in Montana, must fi le Form DER-1 on or before 90
• Real Estate
days after the election is made. Another Form DER-1 must also
• Mortgage Investment
be fi led within 90 days after the date: (1) its qualifi ed subchapter S
subsidiary status is changed or revoked for federal tax purposes;
Conduit (REMIC)
(2) its stock is transferred or redeemed; (3) it is dissolved,
Electing IRC § 761 Partnership On or before April 15, 2014
liquidated, merged, or consolidated with another entity; (4) it
Any other single member LLC
On or before August 31, 2014
sells substantially all its assets; or (5) it fi les an application for a
not described above.
certifi cate of withdrawal with the Montana Secretary of State. A
qualifi ed subchapter S subsidiary is required to fi le Form DER-1,
Montana Disregarded Entity Information Return, each year the
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Financial