Rule Chapter: 42.15
	Chapter Title: INCOME TAX

REVENUE		View as eBook	Add to Favorites
	42.15 : INCOME TAX

Click on the Rule No. to see Rule text.

Press Ctrl-F to search by text.

Rule No. Rule Title Latest Version Effective Date Subchapter 1 General Provisions 42.15.101 DEFINITIONS REP 12/27/2002 42.15.102 CHANGE OF DOMICILE REP 12/17/2004 42.15.103 DOMICILE OF WIFE AND CHILDREN REP 4/16/1993 42.15.104 PERMANENT PLACE OF ABODE REP 8/20/2004 42.15.105 INSPECTION OF INFORMATION RETURNS REP 12/17/2004 42.15.106 INCOME TAX SURCHARGE REP 8/20/2004 42.15.107 DEFINITIONS 2/1/2013 42.15.108 DETERMINING TAX LIABILITY 1/9/2016 42.15.109 RESIDENCY 4/30/2010 42.15.110 TAXATION OF PART-YEAR RESIDENTS AND NONRESIDENTS 12/12/2014 42.15.111 MONTANA MILITARY PERSONNEL TRANS 12/17/2004 42.15.112 NONRESIDENT MILITARY PERSONNEL 4/30/2010 42.15.113 INTEREST INCOME EXCLUSION TRANS 12/17/2004 42.15.114 TAX STATUS OF FEDERAL OBLIGATIONS TRANS 12/17/2004 42.15.115 DISABILITY INCOME EXCLUSION TRANS 12/17/2004 42.15.116 SPECIAL MONTANA NET OPERATING LOSS COMPUTATIONS TRANS 12/17/2004 42.15.117 CAPITAL GAIN EXCLUSION TRANS 12/17/2004 42.15.118 EXEMPT RETIREMENT LIMITATION TRANS 12/17/2004 42.15.119 ALTERNATIVE TAX 4/30/2010 42.15.120 APPORTIONABLE AND NONAPPORTIONABLE INCOME - APPORTIONMENT OR ALLOCATION - INDIVIDUALS, ESTATES, AND TRUSTS 4/28/2018 42.15.121 TAX STATUS OF INDIANS TRANS 12/17/2004 Subchapter 2 Montana Additions and Subtractions 42.15.201 ACCOUNTING PERIODS REP 12/17/2004 42.15.202 TAXABLE YEAR DEFINED REP 12/27/2002 42.15.203 YEARS DEFINED REP 12/27/2002 42.15.204 DEFINITIONS 12/28/2019 42.15.205 REFUNDS OF FEDERAL INCOME TAX 4/30/2010 42.15.206 ADDITIONS AND SUBTRACTIONS FOR MARRIED TAXPAYERS FILING SEPARATE RETURNS 4/30/2010 Rules 42.15.207 through 42.15.210 reserved 42.15.211 ACCOUNTING METHODS TRANS 8/20/2004 42.15.212 PAID AND RECEIVED DEFINED REP 12/27/2002 42.15.213 SMALL BUSINESS CORPORATION DIVIDEND AND CAPITAL GAIN EXCLUSION 2/1/2013 42.15.214 RESIDENT MILITARY SALARY EXCLUSION 9/23/2017 42.15.215 SENIOR INTEREST INCOME EXCLUSION 4/30/2010 42.15.216 EXCLUSION OF INTEREST ON OBLIGATIONS 12/28/2019 42.15.217 DISABILITY INCOME EXCLUSION 4/30/2010 42.15.218 CAPITAL GAIN EXCLUSION FOR PRE-1987 SALES 4/30/2010 42.15.219 PENSION AND ANNUITY INCOME EXCLUSION 4/28/2018 42.15.220 EXEMPTION OF CERTAIN INCOME OF ENROLLED TRIBAL MEMBERS 4/30/2010 42.15.221 DEPENDENT CHILD UNEARNED INCOME EXCLUSION 4/30/2010 42.15.222 RAILROAD RETIREMENT AND SOCIAL SECURITY BENEFIT EXCLUSION 4/30/2010 Subchapter 3 Tax Returns 42.15.301 WHO MUST FILE RETURNS 1/9/2016 42.15.302 FILING DATE ON HOLIDAY OR WEEKEND REP 8/20/2004 42.15.303 RETURNS FOR THOSE UNABLE TO MAKE OWN RETURN 4/30/2010 42.15.304 PARTNERSHIP RETURN REP 12/27/2002 42.15.305 TRUST AND ESTATE RETURNS REP 12/17/2004 42.15.306 SUB "S" CORPORATION AND PARTNERSHIP LOSSES REP 12/27/2002 42.15.307 SUBCHAPTER "S" ADDITION TO MONTANA ADJUSTED GROSS INCOME TRANS 12/27/2002 42.15.308 MONTANA ADJUSTED GROSS INCOME TRANS 12/17/2004 42.15.309 MONTANA MODIFIED ADJUSTED GROSS INCOME TRANS 12/17/2004 42.15.310 DEFINITIONS 4/30/2010 42.15.311 INFORMATION RETURN TRANS 12/27/2002 42.15.312 ACCEPTANCE OF REPRODUCED TAX FORMS 4/30/2010 42.15.313 FEDERAL RETURNS REP 12/17/2004 42.15.314 CHANGES IN FEDERAL TAXABLE INCOME 9/10/2022 42.15.315 ORIGINAL AND AMENDED RETURNS 11/11/2016 42.15.316 EXTENSIONS AND ESTIMATED PAYMENTS 11/11/2016 42.15.317 FILING DATE 4/30/2010 42.15.318 MONTANA NET OPERATING LOSSES 4/28/2018 42.15.319 DATE AND PLACE OF FILING AND PAYMENT 4/30/2010 42.15.320 DEFICIENCY NOTICES AND PAYMENTS REP 11/11/2016 42.15.321 JOINT RETURNS 4/30/2010 42.15.322 SEPARATE RETURNS FOR MARRIED TAXPAYERS 4/30/2010 42.15.323 VOLUNTARY REFUND CHECKOFF FOR NONGAME WILDLIFE FUND REP 11/1/1985 42.15.324 HANDLING OF ELDERLY HOMEOWNER CREDIT RETURNS TRANS 12/17/2004 42.15.325 FAILURE TO FURNISH REQUESTED INFORMATION OR FILE A DELINQUENT RETURN 4/30/2010 42.15.326 REQUEST FOR ADJUSTMENT OF JOINT RETURN 4/30/2010 42.15.327 STATEMENT REQUIRED FOR ADJUSTMENT OF JOINT RETURN 4/30/2010 42.15.328 FORM OF CLAIM FOR REFUND 4/30/2010 42.15.329 APPROVAL OF INNOCENT SPOUSE RELIEF 4/30/2010 Subchapter 4 Personal and Dependent Exemptions 42.15.401 DEFINITIONS 12/24/2010 42.15.402 PERSONAL EXEMPTIONS 4/30/2010 42.15.403 EXEMPTIONS FOR DEPENDENTS 4/28/2018 42.15.404 ADDITIONAL EXEMPTION FOR SENIOR CITIZENS REP 12/17/2004 42.15.405 ADDITIONAL EXEMPTION FOR BLINDNESS REP 12/17/2004 42.15.406 DEDUCTION FOR HEALTH INSURANCE PREMIUMS REP 2/1/2008 42.15.407 PERSONAL EXEMPTION FOR ESTATES AND TRUSTS REP 1/9/2016 Rules 42.15.408 through 42.15.410 reserved 42.15.411 EXEMPTIONS FOR NONRESIDENTS REP 8/20/2004 42.15.412 DEDUCTIONS FROM NET INCOME REP 8/20/2004 42.15.413 NONRESIDENT AND PART YEAR RESIDENT DEDUCTIONS FOR KEOGH AND I.R.A. PLANS REP 8/20/2004 42.15.414 DEDUCTIONS FOR SMALL BUSINESS DONATIONS OF COMPUTER EQUIPMENT TO SCHOOLS 4/30/2010 42.15.415 DEDUCTIONS FOR SALE OF LAND TO A BEGINNING FARMER 3/1/1984 42.15.416 ADDITIONAL DEDUCTION FOR PURCHASE OF RECYCLED MATERIAL TRANS 8/20/2004 Rules 42.15.417 through 42.15.420 reserved 42.15.421 STANDARD DEDUCTION TRANS 12/17/2004 42.15.422 TREATMENT OF INCOME TAXES PAID TO OTHER STATES OR COUNTRIES TRANS 8/20/2004 42.15.423 DEDUCTIONS WHEN MARRIED COUPLE FILE SEPARATELY TRANS 12/17/2004 42.15.424 DEDUCTIONS FOR EXPENSES TO ALLOW TAXPAYER TO BE EMPLOYED REP 11/1/1985 42.15.425 CONFORMANCE TO FEDERAL FILING STATUS REQUIRED IN CERTAIN CASES REP 12/17/2004 42.15.426 MONTANA ADJUSTED GROSS INCOME TO BE USED WHEN CALCULATING ITEMIZED DEDUCTIONS TRANS 12/17/2004 42.15.427 DEDUCTION FOR HOUSEHOLD AND DEPENDENT CARE EXPENSES 4/30/2010 42.15.428 PASSIVE ACTIVITY TREATMENT REP 8/20/2004 42.15.429 RECOVERY OF A TAX CREDIT REP 12/17/2004 Rule 42.15.430 reserved 42.15.431 CREDIT FOR INVESTMENT FOR ENERGY CONSERVATION TRANS 12/27/2002 42.15.432 DETERMINATION OF CAPITAL INVESTMENT FOR ENERGYCONSERVATION TRANS 12/27/2002 42.15.433 DEFINITIONS REP 8/20/2004 42.15.434 CONDITIONS FOR EXEMPTION FOR DIVIDENDS REP 12/17/2004 42.15.435 REPORTING REQUIREMENTS REP 12/17/2004 42.15.436 DETERMINATION OF QUALIFIED INVESTMENTS REP 12/17/2004 Subchapter 5 Deductions 42.15.501 CREDIT FOR INCOME TAXES PAID TO OTHER STATE ORCOUNTRY TRANS 8/20/2004 42.15.502 COMPUTATION OF CREDIT FOR TAX PAID OTHER STATEOR COUNTRY TRANS 8/20/2004 42.15.503 CREDIT FOR PUBLIC CONTRACTOR'S GROSS RECEIPTSTAX TRANS 8/20/2004 42.15.504 INVESTMENT CREDIT REP 11/26/1992 42.15.505 BUSINESS INVENTORY TAX CREDIT REP 11/26/1992 42.15.506 COMPUTATION OF RESIDENTIAL PROPERTY TAX CREDITFOR ELDERLY TRANS 8/20/2004 42.15.507 DEFINITIONS REP 8/20/2004 42.15.508 CREDIT FOR INVESTMENTS IN DEPRECIABLE EQUIPMENT OR MACHINERY TO COLLECT, PROCESS OR MANUFACTURE A PRODUCT FROM RECLAIMED MATERIAL, OR PROCESS SOILS CONTAMINATED BY HAZARDOUS WASTES TRANS 8/20/2004 42.15.509 PERIOD COVERED FOR THE RECLAMATION AND RECYCLING CREDIT TRANS 8/20/2004 42.15.510 DEFINITIONS 4/30/2010 42.15.511 CREDIT FOR NONFOSSIL ENERGY GENERATION SYSTEM TRANS 12/12/1986 42.15.512 DETERMINATION OF APPROPRIATE SYSTEMS REP 12/12/1986 42.15.513 ELIGIBILITY REQUIREMENTS TO HOLD A QUALIFIED ENDOWMENT TRANS 8/20/2004 42.15.514 TAX CREDIT AND DEDUCTION LIMITATIONS TRANS 8/20/2004 42.15.515 CREATING A PERMANENT IRREVOCABLE FUND TRANS 8/20/2004 42.15.516 REPORTING REQUIREMENTS TRANS 8/20/2004 42.15.517 APPLICABILITY DATES REP 12/27/2002 42.15.518 QUALIFIED ENDOWMENT CREDIT TRANS 8/20/2004 42.15.519 DETERMINING PRESENT VALUE FOR THE ENDOWMENT CREDIT TRANS 8/20/2004 42.15.520 COMPUTATION OF THE TAX CREDIT FOR THE PRESERVATION OF HISTORIC BUILDINGS TRANS 8/20/2004 42.15.521 MARRIED TAXPAYERS TRANS 8/20/2004 42.15.522 OWNERSHIP OF HISTORIC BUILDINGS TRANS 8/20/2004 42.15.523 STANDARD DEDUCTION 4/30/2010 42.15.524 ITEMIZED DEDUCTIONS OF MARRIED TAXPAYERS 4/30/2010 42.15.525 MONTANA ADJUSTED GROSS INCOME TO BE USED WHEN CALCULATING ITEMIZED DEDUCTIONS 4/30/2010 42.15.526 SMALL BUSINESS LIABILITY FUNDS 11/11/2016 42.15.527 DEDUCTION PROVIDED UNDER INTERNAL REVENUE CODE SECTION 199A NOT ALLOWED 11/17/2018 Subchapter 6 Medical Care Savings Accounts 42.15.601 MEDICAL CARE SAVINGS ACCOUNT ADMINISTRATOR REGISTRATION 4/28/2018 42.15.602 MEDICAL CARE SAVINGS ACCOUNT REPORTING AND PAYMENTS 4/28/2018 42.15.603 MEDICAL CARE SAVINGS ACCOUNT - WITHDRAWALS, PENALTIES, AND TRANSFERS 4/28/2018 42.15.604 INDIVIDUAL LIABILITY 4/30/2010 42.15.605 DEFINITIONS 4/28/2018 Subchapter 7 Composite Returns 42.15.701 DEFINITIONS TRANS 12/27/2002 42.15.702 COMPOSITE RETURN TRANS 12/27/2002 42.15.703 ELIGIBILITY REP 12/27/2002 42.15.704 FILING REQUIREMENT TRANS 12/27/2002 42.15.705 COMPUTATION OF TAX TRANS 12/27/2002 42.15.706 RESPONSIBILITY OF ENTITY REP 8/20/2004 Subchapter 8 Family Education Savings Act 42.15.801 FAMILY EDUCATION SAVINGS PROGRAM ACCOUNT OWNERS AND DESIGNATED BENEFICIARIES REP 4/23/2004 42.15.802 CONTRIBUTIONS TO FAMILY EDUCATION SAVINGS PROGRAM ACCOUNTS 1/16/2021 42.15.803 WITHDRAWALS FROM FAMILY EDUCATION SAVINGS PROGRAM ACCOUNTS AND RECAPTURE TAX 1/16/2021 42.15.804 VERIFICATION OF FAMILY EDUCATION SAVINGS PROGRAM ACCOUNT CONTRIBUTIONS AND WITHDRAWALS 9/24/2022 42.15.805 DEFINITIONS 1/16/2021 42.15.806 TAXATION OF FAMILY EDUCATION SAVINGS PROGRAM ACCOUNT EARNINGS 9/24/2022 42.15.807 EFFECTIVE DATE OF CONTRIBUTION FOR TAX PURPOSES 4/30/2010 42.15.808 DEDUCTIONS FOR CONTRIBUTIONS TO OTHER STATES' 529 PLANS REP 9/24/2022 Subchapter 9 First-Time Home Buyer Deductions 42.15.901 DEFINITIONS 2/1/2013 42.15.902 FIRST-TIME HOME BUYER ACCOUNT ADMINISTRATOR REGISTRATION 2/1/2013 42.15.903 ACCOUNT ADMINISTRATOR REPORTING AND PAYMENTS 2/1/2013 42.15.904 FIRST-TIME HOME BUYER ACCOUNT - WITHDRAWALS 4/23/2004 42.15.905 INDIVIDUAL LIABILITY 4/23/2004 42.15.906 TAX EXEMPTION FOR FIRST-TIME HOME BUYER 4/30/2010 42.15.907 FIRST-TIME HOME BUYER ACCOUNT - NON-ELIGIBLE WITHDRAWAL FOR NONRESIDENT 4/23/2004 Subchapter 10 Montana Achieving a Better Life Experience (ABLE) Accounts 42.15.1001 DEFINITIONS 1/16/2021 42.15.1002 DEDUCTION FOR CONTRIBUTIONS TO AN ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) ACCOUNT 1/16/2021 42.15.1003 ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) ACCOUNT RECAPTURE TAX 1/16/2021 42.15.1004 VERIFICATION OF ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) ACCOUNT CONTRIBUTIONS AND WITHDRAWALS 1/16/2021