Form Pt-Wh - Montana Income Tax Withheld For A Nonresident Individual, Foreign C Corporation, Or Second Tier Pass-Through Entity - 2011 Page 2
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1
2Pass-through Entity Instructions
owner Instructions
What is the purpose of Form Pt-WH?
What does a nonresident individual need to do with
this form?
As provided in Section 15-30-3313, Montana Code Annotated,
a pass-through entity that has a nonresident individual, foreign
We consider the amount of Montana income tax that is withheld
C corporation, or second tier pass-through entity owner at any
as a payment against your Montana individual income tax liability.
time during the tax year who (1) does not have a valid, currently
When you complete your Montana Individual Income Tax Return
effective tax agreement (Form PT-AGR) or statement (Form
(Form 2) you should claim the amount of Montana tax withheld
PT-STM) from the owner, or (2) does not participate in filing a
shown on line 2 as a withholding payment on line 57 of your
Montana Form 2. Form PT-WH or Montana Schedule K-1 has
composite return with the entity, is required to pay tax to the
Department of Revenue on behalf of the owner.
to be included with your Montana Form 2 when you claim this
payment.
How much tax should the pass-through entity pay on
behalf of it owners?
What does a foreign C corporation need to do with this
form?
For a nonresident individual and a second tier pass-through
entity, the amount that has to be paid is 6.9% of the Montana
We consider the amount of Montana income tax that is withheld
source income as reflected on your Montana return. For a foreign
as a payment against the foreign C corporation’s Montana
C corporation, the amount paid is 6.75% of the Montana source
corporation license tax liability. When the corporation completes
income as reflected on your Montana return.
its Montana Corporation License Tax Return (Form CLT-4) it
should claim the amount of Montana tax withheld shown on line 2
Where does a pass-through entity report the amount of
as a withholding payment on line 12e of its Montana Form CLT-4.
tax that was paid on behalf of the owners?
Form PT-WH has to be included with the corporation’s Montana
Form CLT-4 when it claims this payment.
Report the amounts from lines 1 and 2 on:
► Montana Schedule K-1
What does a second tier pass-through entity need to
► Form CLT-4S, Schedule III or Form PR-1, Schedule III
do with this form?
Send Form PT-WH to your owners. We do not require you to
We consider the amount of Montana income tax that is withheld
submit the Form PT-WH with your information return.
as a payment of the second tier partnership’s tax liability which
may be claimed by the owner who ultimately reports the Montana
source income as a refundable credit. The first tier pass-through
entity must give the second tier pass-through entity notice on the
Montana Schedule K-1 of the amount of refundable credit that
may be claimed by the owner who ultimately reports the Montana
source income on individual or corporation license income tax
returns.
Questions? Please call us toll free at (866) 859-2254 (in
Helena, 444-6900).
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