Montana Form Pt-Agr - Pass-Through Entity Owner Tax Agreement Page 2
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1
2Form Pt-aGR Instructions
new! Beginning with tax year 2012, a copy of the Form
or foreign C corporation owner and has to retain the
PT-AGR (tax agreement) will no longer be submitted with
agreements of other owners as tax records.
a pass-through entity's information return. Now a pass-
types of pass-through entities. A pass-through entity
through entity will separately send the tax agreement to
is classified in Montana by its treatment for federal
the Department of Revenue by the due date of the pass-
income tax purposes. Partnerships include limited liability
through entity's return.
companies that are treated as partnerships. S corporations
include limited liability companies that are treated as S
Purpose of agreement. Each nonresident owner or foreign
corporations. Disregarded entities include single-member
C corporation owner of a pass-through entity that agrees
to file a Montana tax return and pay any applicable tax has
limited liability companies whose separate existence is
disregarded for federal income tax purposes, partnerships
to complete this form. If the owner does not 1) sign this
that have elected under IRC § 761 to be excluded from the
agreement or 2) participate in the pass-through entity’s
partnership tax rules, qualified subchapter S subsidiaries,
composite return, the pass-through entity has to pay tax to
and qualified REIT subsidiaries.
the Department of Revenue on behalf of the owner. This
agreement is not valid unless it is signed and dated by the
If the owner of the pass-through entity is also a pass-
owner.
through entity, the owner is a second-tier pass-through
entity. Second-tier pass-through entities do not complete
This agreement is completed by pass-through entity
this form. Instead, these owners must complete the Form
owners who are nonresidents or foreign C corporations.
PT-STM.
This agreement applies to foreign C corporation owners
that are not engaged in or doing business in Montana. If a
Failure of any owner to file a return or to pay taxes. If
C corporation owner does engage in or conduct business in
the owner does not file a Montana tax return or timely pay
Montana, then the C corporation owner does not complete
all taxes as required by the tax agreement, the Department
this agreement. The foreign C corporation should instead
of Revenue may notify the pass-through entity that the
file a Montana corporation license tax return.
tax agreement is no longer in effect. Following that notice,
A foreign C corporation is a corporation that:
the pass-through entity can no longer rely on the tax
• is not engaged in or doing business in Montana, and
agreement. The entity will then be required to remit tax on
behalf of the owner to the Department of Revenue for any
• is not an S corporation.
later tax year if that owner is not included in the entity’s
File an agreement. A pass-through entity can electronically
composite return.
file the Form PT-AGR through our website. Filing
Revoke an agreement. If the owner chooses to revoke
electronically is simple and secure. In addition, the pass-
the tax agreement, the owner must submit a letter to the
through entity will receive confirmation that the form was
Department of Revenue requesting revocation of the tax
filed. For more information, please visit revenue.mt.gov and
agreement. The letter must be signed, dated and include
check out Taxpayer Access Point (TAP).
the tax periods for which the agreement will be revoked. If
The Form PT-AGR can also be mailed to:
an owner revokes the tax agreement and then chooses to
reinstate a tax agreement for a future tax year, the owner
Montana Department of Revenue
will have to file a new Form PT-AGR. The owner must also
Attn: Form PT-AGR
submit the letter of revocation to the pass-through entity so
P.O. Box 5805
that the pass-through entity is aware that the agreement is
Helena, MT 59604-5805
no longer in effect.
The pass-through entity is not required to file a new
administrative Rules of Montana: 42.9.104 and 42.9.105
agreement each year, but does have to file currently
Questions? Please call us toll free (866) 859-2254 (in
effective agreements for each new nonresident individual
Helena, 444-6900).
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