Form Nr-1 - North Dakota Reciprocal Affidavit Page 2
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2Form NR-1 Instructions
General. Montana and North Dakota have a reciprocal
Joint Affidavit. If both spouses have income that is exempt
agreement where neither state will tax residents of the other
from Montana tax and withholding under the reciprocity
state on certain income from personal services.
agreement, they may file a joint affidavit on Form NR-1.
Therefore, compensation is not considered to be
How to obtain Forms. You may download our forms and
Montana source income if it contains all of the following
instructions at revenue.mt.gov. You may also call us toll free
characteristics:
at (866) 859-2254 (in Helena, 444-6900) or mail requests
• It is subject to federal income tax withholding;
to the Montana Department of Revenue, P O Box 5805,
Helena, MT 59604-5805.
• It is received for personal or professional services
performed in Montana; and
Questions? Please call us toll free at (866) 859-2254 (in
Helena, 444-6900).
• It is received by a North Dakota resident.
During the year, I was a North Dakota resident and:
• I had Montana income tax withheld.
If Montana income tax has been withheld by your
employer, you will need to file a Montana individual
income tax return (Form 2) to receive a refund. You
should file as a nonresident. Do not report the wages
that you earned in Montana as “Montana source
income” on Schedule IV.
Include the following items with your Montana tax
return:
• Form NR-1;
• Wage and tax statements (W-2s) from your Montana
employer; and
• A copy of your North Dakota income tax return.
Also, you may want to file Form NR-2 (Employee’s
Certificate of North Dakota Residence) with your
employer to stop withholding of Montana Income Tax
on such exempt income in the future.
• I did not have Montana income tax withheld.
If Montana income tax was not withheld by your
employer and your only Montana income is
compensation for personal or professional services
that are exempt from Montana tax and Montana
withholding under the reciprocity agreement, you do
not have to file a Montana income tax return (Form
2) or complete this affidavit (Form NR-1). If you filed
Form NR-2 (Employee’s Certificate of North Dakota
Residence) with your employer, you should have also
mailed a copy of that form to the Montana Department
of Revenue. Please check your records to confirm that
this form was submitted.
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