Form Der-1 - Montana Disregarded Entity Information Return - 2013 Page 5
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6• Form PT-STM (Montana Second Tier Pass-Through Entity
If the Disregarded Entity is a:
Then the Form DER-1 is due:
Owner Statement) is fi led by either the fi rst-tier pass-through
Entity Type Other than Single Member Limited Liability
entity or the second-tier pass-through entity. This form
Company
identifi es the owners of the second-tier pass-through entity
• IRC § 761 Electing
See “Who is required to fi le
and additional tiers if applicable and establishes that the
Partnership (Syndicate,
Form DER-1?” regarding due
second-tier pass-through entity’s distributive share of Montana
Group, Pool, Joint Venture,
dates.
source income will be fully accounted for in Montana individual
or other Unincorporated
or corporation tax returns. We require Form PT-STM to be
Organization)
fi led each year that the disregarded entity has an owner that
• Qualifi ed Subchapter S
is a pass-through entity unless the disregarded entity had
Subsidiary as defi ned in IRC
previously obtained a multiple year waiver. The Form PT-STM
§ 1361(b)(3)
must be submitted 45 days before the original due date of the
disregarded entity’s return.
• Qualifi ed Real Estate
Investment Trust Subsidiary
The entity is unable to obtain a signed Form PT-AGR or
as defi ned in IRC § 856(i)(2)
(REIT)
Form PT-STM from the owner of the disregarded entity.
• Real Estate Mortgage
What does it have to do?
Investment Conduit as
If the entity is unable to obtain a signed Form PT-AGR or Form
defi ned in IRC § 860D
PT-STM, the entity is required to remit an amount based on the
(REMIC)
owner’s share of Montana source income reported on Schedule I,
Column D.
► If the due date falls on a holiday that defers a fi ling date as
recognized by the IRS, the return may be fi led on the fi rst
If the owner is a foreign C corporation, multiply the foreign C
business day after the holiday.
corporation’s Montana source income by 6.75% to determine the
amount of the remittance.
Where to File
If the owner is a nonresident individual, nonresident estate,
Please mail the Form DER-1 to:
nonresident trust, or a second-tier pass-through entity, multiply
the owner’s Montana source income by 6.9% to determine the
Montana Department of Revenue
amount of the remittance.
P.O. Box 8021
Helena, MT 59604-8021
What happens if the disregarded entity is late in fi ling
Extension of Time to File
Form DER-1?
The entity is charged a late fi ling penalty if Form DER-1 is fi led
The disregarded entity can obtain an automatic extension of
time to fi le its information return if its owner has a valid extension
after the due date, including the automatic extension, unless the
of time. The extended due date is the same as the owner’s
entity can show reasonable cause for not fi ling on time. For a
federal extended due date. The disregarded entity is allowed
disregarded entity that does not have a tax year, the penalty is
an automatic extension to fi le its information return of up to six
based on the number of owners on December 31 of the preceding
months if the owner is not required to fi le a federal information
year. This penalty is calculated for up to fi ve months.
return.
Form DER-1 Instructions
What forms have to be fi led?
Heading
Additional fi ling requirements are listed below for a disregarded
Name and Address. Enter the entity’s true name (as set forth
entity that has a nonresident individual, nonresident estate,
in the charter or other legal document creating it) and mailing
nonresident trust, foreign C corporation or a partnership, S
address.
corporation or disregarded entity as its owner during the year.
These fi ling requirements are:
FEIN or SSN. Enter the FEIN (Federal Employer Identifi cation
Number) or SSN (Social Security Number) of the disregarded
• Schedule I (Montana Disregarded Entity Owner Information)
entity. If the FEIN or SSN is the same as the owner’s FEIN or SSN
identifi es the owner or owners of the disregarded entity. If one
reported on Schedule I, mark the box.
of the owners is a nonresident individual, nonresident estate,
nonresident trust, foreign C corporation, or second tier pass-
Lines 1 through 5 – Complete lines 1 through 5 as they relate to
through entity, the entity may be required to pay tax to the
the disregarded entity and not the owner of the disregarded entity.
Montana Department of Revenue on behalf of the owner as
Lines 2 and 3 – Complete either line 2 or 3. If the disregarded
provided in Montana Code Annotated, 15-30-3313.
entity was incorporated or formed in Montana (a domestic entity)
• Form PT-AGR (Montana Pass-Through Entity Owner Tax
complete line 2. If the disregarded entity was incorporated or
Agreement) is completed by the nonresident individual,
formed in a jurisdiction other than Montana (a foreign entity)
nonresident estate, nonresident trust or foreign C corporation
complete line 3.
that agrees to timely fi le a Montana tax return, pay all taxes
Line 4 – Enter the letter and number of the organizational ID
and be subject to the personal jurisdiction of Montana. A new
assigned by the Montana Secretary of State.
Form PT-AGR is not required to be fi led each year. The Form
PT-AGR must be fi led by the due date of the disregarded
Line 6 – Disregarded Entity Type. First determine if the
entity’s return. The Form PT-AGR is fi led separately; it is not
disregarded entity is a single member limited liability company
attached to the Form DER-1. A disregarded entity needs to
(mark box 6A) OR another entity type (mark box 6B).
retain the agreements as part of its tax records.
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