Montana Form Pt-Agr - Pass-Through Entity Owner Tax Agreement Page 2
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1
2Instructions
Purpose of agreement. Each nonresident owner or foreign
types of pass-through entities. A pass-through entity
C corporation owner of a pass-through entity that agrees
is classified in Montana by its treatment for federal
to file a Montana tax return has to complete this form. If
income tax purposes. Partnerships include limited liability
the owner does not 1) sign this agreement or 2) participate
companies that are treated as partnerships. S corporations
in the pass-through entity’s composite return, the pass-
include limited liability companies that are treated as S
through entity has to remit amounts to the Department of
corporations. Disregarded entities include single-member
Revenue on behalf of the owner as provided in 15-30-3313,
limited liability companies whose separate existence is
Montana Code Annotated. This agreement is not valid
disregarded for federal income tax purposes, partnerships
unless it is signed and dated by the owner.
that have elected under IRC § 761 to be excluded from the
partnership tax rules, qualified subchapter S subsidiaries,
This agreement is completed by pass-through entity
and qualified REIT subsidiaries.
owners who are nonresidents or foreign C corporations.
This agreement applies to foreign C corporation owners
If the owner of the pass-through entity is also a pass
that are not engaged in or doing business in Montana. If a
through entity, the owner is a second tier pass-through
C corporation owner does engage in or conduct business in
entity. Second tier pass-through entities do not complete
Montana, then the C corporation owner does not complete
this form. Instead, these owners must complete the Form
this agreement. This C corporation should instead file a
PT-STM.
Montana corporation license tax return.
Failure of any owner to file a return or to pay taxes. If
A foreign C corporation is a corporation that:
the owner does not file a Montana tax return or timely pay
• is not engaged in or doing business in Montana, and
all taxes as required by the agreement, the Department
of Revenue may notify the pass-through entity. Following
• is not an S corporation
that notice, the pass-through entity can no longer rely
A copy of this tax agreement has to be included with the
on the tax agreement. The entity will then be required to
pass-through entity’s information return the first year that
remit amounts on behalf of the owner to the Department of
the agreement is in effect. The entity is not required to
Revenue for any later tax year if that owner is not included
include a new agreement each year but has to include
in the entity’s composite return.
currently effective agreements for each new nonresident
Questions? Please call us toll free (866) 859-2254 (in
individual or foreign C corporation owner and has to retain
Helena, 444-6900).
the agreements of other owners as tax records.
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