42.30.103    FIDUCIARY - INCOME TAX RETURN EXTENSIONS

(1) For tax periods beginning before January 1, 2017, a fiduciary is allowed an automatic six-month extension to file a Montana Income Tax Return for Estates and Trusts (Form FID-3) if:

(a) the current year's tax liability is $200 or less and the entire tax liability is paid by the extended due date of the return; or

(b) the fiduciary has paid, through withholding, estimated tax payments or a combination of withholding and estimated tax payments, at least:

(i) 90 percent of the current year's tax liability by the due date of the return; or

(ii) 100 percent of the prior year's tax liability by the due date of the return.

(2) For tax years beginning on or after January 1, 2017, a six-month extension of time to file an individual income tax return is automatically allowed a taxpayer if the tax, penalty, and interest are paid when the return is filed.

(3) For purposes of this rule the tax liability and amount of payment are determined as provided in ARM Title 42, chapter 17, subchapter 3.

(4) If a fiduciary is required to file Form FID-3, then the fiduciary is considered to have paid 100 percent of the previous year's tax for purposes of (1) if the estate or trust is a first-time filer or the estate or trust had zero or negative taxable income the previous year.

(5) If a fiduciary is required to file a return other than Form FID-3, then the extension rules for the return that the fiduciary is filing must apply. For example, if the fiduciary is required to file a Montana Partnership Information and Composite Tax Return (Form PR-1), then the extension rules that apply to filers of Form PR-1 will also apply to the fiduciary that is required to file a Form PR-1.

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History: 15-1-201, 15-30-2104, 15-30-2603, MCA; IMP, 15-30-2154, 15-30-2604, MCA; NEW, 2016 MAR p. 22, Eff. 1/9/16; AMD, 2016 MAR p. 2073, Eff. 11/11/16.