Form Der-1 - Montana Disregarded Entity Information Return - 2013 Page 6
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6Single Member Limited Liability Company (SMLLC). If
Pay the amount due to the Montana Department of Revenue and
6A.
you marked the box indicating the disregarded entity is
include the FEIN or SSN and “FORM DER-1” in the memo section
a SMLLC, the next step is to mark the appropriate box
of the payment. Please submit a voucher with your payment to
corresponding with the type of owner listed. For example,
ensure proper credit to your tax account. A voucher is available at
if the owner of the SMLLC is an S corporation, line 6A
revenue.mt.gov. Send your payment and Form DER-1 to:
would show one mark in box A and another mark in the S
Montana Department of Revenue
corporation box.
PO Box 8021
Entity Type Other than SMLLC. If you marked the box
Helena, MT 59604-8021
6B.
indicating an entity type other than SMLLC, please see
the instructions for “Who is required to fi le Form DER-1?”
Schedule I Instructions
to determine when the Form DER-1 is required to be fi led.
Include all owners on this form. Except for an IRC § 761
These particular entity types are not required to fi le the
partnership, or when spouses are considered a single taxpayer,
form unless certain events occur in order to “trigger” a fi ling
the disregarded entity should have only one owner who owns
requirement.
100% of the entity.
If you marked the box indicating that you are an IRC § 761
Column A – Name and Address of Owner. Enter the name and
partnership or an IRC § 1361(b)(3) qualifi ed subchapter S
complete mailing address of each owner.
subsidiary, enter the date of your federal election.
Column B – Identifi cation Number. If the owner is an individual
Line 7 – Owner Backup Withholding. Enter the total from
or an individual fi ling federal Schedule C, enter the individual’s
Schedule I, column E or F. This is the total amount withheld on
social security number (SSN).
behalf of the nonresident owner(s), foreign C corporations, and
second-tier pass-through entity owners. The owner(s) will claim
If the owner is any other entity type listed on page 1, line 6A, enter
this amount on their own Montana tax returns.
the federal employer identifi cation number (FEIN).
Line 8 – Late Filing Penalty. A late fi ling penalty is charged if
Column C – Percentage of Ownership. Enter each owner’s
Form DER-1 is fi led after the due date, including the automatic
percentage of ownership in the disregarded entity that is used to
extension. The penalty is $10 multiplied by the number of months
calculate the owner’s share of income (loss). Generally, this is
or fractions of a month that the entity does not fi le the disregarded
100% unless the disregarded entity is an IRC § 761 partnership.
entity information return. This penalty is calculated for up to fi ve
Column D – Montana Source Income. Enter each owner’s share
months. For example, if a disregarded entity fi les the Form DER-
of the disregarded entity’s Montana source income (loss).
1 six months after its due date, the late fi le penalty would be $50
($10 x 5 months).
Column E and Column F. Enter the amount remitted on behalf
of each owner. For a foreign C corporation, the amount remitted
Please Note: A late fi ling penalty is not imposed on an entity that
is 6.75% of the Montana source income. For a nonresident
has ten or fewer owners each of whom is an individual, an estate
individual or a second tier pass-through entity, the amount
of a deceased individual, or a C corporation and if the owners
remitted is 6.9% of the Montana source income. Transfer the
have fi led the required tax returns or other required reports timely
amount(s) of these columns to page 1, line 7, of the Form DER-1.
and have paid all taxes when due.
Column G – PT-AGR or PT-STM. There are two types of
Line 9 – Late Payment Penalty. If the entity hasn’t paid the tax
documents that are reported here, depending on the type of
liability (line 7) by the due date of the return, it will have to pay a
owner.
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
If the owner is a nonresident individual, nonresident estate,
date. This penalty cannot exceed 12% of the tax liability on line 7.
nonresident trust, or foreign C corporation, the owner must
provide a Form PT-AGR to the disregarded entity if the
Line 10 – Interest. Compute interest on any tax liability (line 7)
disregarded entity does not pay tax on behalf of the owner for the
that has not been paid by the due date of the tax return and enter
owner’s share of Montana source income. If the disregarded entity
the total on this line.
is fi ling the agreement to the department this year, enter “2013.”
If 100% of the tax liability is not paid by the original due date,
If the owner is a pass-through entity, the owner must provide a
interest is due at a rate of 8% per year, computed daily on the
Form PT-STM to the disregarded entity if the disregarded entity
unpaid balance.
does not pay tax on behalf of the owner for the owner’s share of
To calculate the interest, multiply line 7 by 0.02192% (0.0002192)
Montana source income. If the disregarded entity is providing the
times the number of days after the unextended due date.
statement to the department this year, enter “2013.”
Line 11 – Total Tax, Penalties and Interest. Add lines 7 through
10; enter the result on this line.
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