Montana § 15-30-3327 - Making Pass-Through Entity Tax Election

§ 15-30-3327. Making Pass-Through Entity Tax Election

Making pass-through entity tax election. (1) The election must be made annually no later than the due date, including extensions, of the pass-through entity's tax return as prescribed by 15-30-3302 . The election for a tax year is irrevocable for the year it is made. (2) The pass-through entity must designate a Montana pass-through entity representative who is authorized to make the election to subject the pass-through entity to the tax provided for in 15-30-3325 through 15-30-3328 . (a) The Montana pass-through entity representative acts on behalf of the pass-through entity for the applicable tax year. (b) With respect to an action required or permitted to be taken by a pass-through entity under 15-30-3325 through 15-30-3328 and a proceeding under 15-1-211 with respect to the action, the Montana pass-through entity representative for the tax year has the sole authority to act on behalf of the pass-through entity, and the pass-through entity's direct owners and indirect owners are bound by those actions. (c) The department may establish reasonable qualifications and procedures for designating a person to be the Montana pass-through entity representative. (3) Nothing in this section prevents a pass-through entity that does not have business activity in the state during the tax year but that does have resident owners from electing to pay the entity tax.