| of Revenue. For the department to grant tax-exempt status, an entity generally must provide copies of the following: 1. Affidavit showing the character of the organization, the purposes for which it was organized, its actual activities, the sources and disposition of its income, and whether any of its income may inure to the benefit of any private shareholder or individual. ( The affidavit does not need to be notarized.) 2. Articles of Incorporation 3. By-laws 4. Latest financial statement showing assets, liabilities, receipts and disbursements ( for example, current bank statement or spreadsheet showing income and expenses) This list is by no means all inclusive and applicability will vary based on your entity type. For a specific listing of required items for special types of entities, please refer to the instructions. Filing Requirement: If you have unrelated business taxable income, currently or in the future, you may have an income tax filing requirement pursuant to section 15-31-102( 3), MCA . Print Name Title Signature Date Mail application to Montana Department of Revenue, Corporate Income Tax Unit, PO Box 5805, Helena, MT 59604-5805. Fax application to ( 406) 444-2900. Form EXPT Instructions Property Tax Exemption Employee stock ownership plans are also not always required Do not complete this form for the Montana Department to have an FEIN, or they may use the FEIN of the business of Revenue property tax exemption. Instead complete that owns the plan. For IRAs, do not enter your institutions, form AB-30R - Real Property Tax Exemption. For more trusties or custodian’s FEIN. You must enter your FEIN. If your information about the property tax exemption, visit our entity does not have an FEIN, you may leave this field blank. website at MTRevenue. gov or call us at ( 406) 444-6900. Please note if you are requesting a refund due to a withholding made on your behalf, you are required to have an FEIN. Certain Religious Organizations Religious organizations that do not have an IRS exemption Secretary of State Identification Number letter, or that have applied for one and have not yet received Enter the corporation’s Montana Secretary of State it, may still qualify as tax-exempt in Montana. These entities Identification number. This number is referred to as the need to state this fact in their application and should include Certified File Number or Filing Number on all correspondence a copy of their federal Form 990 if they file one, in addition issued by the Secretary of State’s office and begins with a to the items required on page 1. The department will then letter followed by six to eight digits. It was originally provided determine whether they qualify for tax-exempt status. with the certificate of authority to do business in Montana or when the corporation was incorporated in Montana. Enter the Homeowners Associations ( HOAs) letter, followed by the next six to eight digits of the number. While Homeowners Associations are not considered For example, if your Certified File Number is D-123456, tax-exempt by the IRS, they are generally considered enter D123456 in the spaces provided. Leave any extra tax-exempt in Montana. In addition to the items required on boxes blank. A company’s Secretary of State Identification page 1, an HOA must submit a copy of their federal Form Number can also be found at sos. mt. gov by searching for the 1120-H with this application. Note that an HOA that files business’ name under the Business Services section. federal Form 1120 instead of Form 1120-H may not qualify as tax-exempt in Montana. An HOA filing Form 1120 may IRS Exemption Certificate/Letter still submit its tax-exempt application with its Form 1120 If an entity makes a specific election with the IRS to be attached, and the department will determine whether considered tax-exempt, they should receive a certificate it qualifies. Also note that Commercial Homeowners or letter from the IRS confirming the election. If you have Associations do not qualify as tax-exempt. received such a letter, attach a copy to this application. Please note that this letter is not the same as the letter Certain Unincorporated Entities ( ESOP/ESOTs, IRAs, confirming your federal Employer Identification Number Pensions and Annuities) ( EIN/FEIN). If you have submitted your election to be Some unincorporated entities such as employee stock considered tax-exempt with the IRS but have not yet ownership plans, individual retirement accounts, pensions received the exemption certificate, indicate the date your and annuities may also qualify as tax-exempt in Montana. election was submitted and provide a copy of the exemption These entities are required to file the following information certificate upon receipt. with their application in lieu of items 1 and 4 from page 1. When a Tax-Exempt Entity Is Required To File a Tax Return Documents relevant to the adoption and administration of the plan. In some situations, an entity who has been granted tax- exempt status by the department may still be required to file A copy of any form the unincorporated entity is required to a corporate income tax return. If a tax-exempt entity receives file with the IRS ( e. g., Form 5309 or Form 5500). any unrelated business taxable income, as defined by Other Entities That Are Organized for “Exempt Purposes” sections 511 through 514 of the Internal Revenue Code, as If your entity type does not fall under any of the above amended, that results in a federal unrelated business income categories, did not file an application with the IRS to be tax liability of more than $100 in a particular tax period, that considered tax-exempt, does not file an annual federal tax return entity is required to file Form CIT, Montana Corporate Income but is listed in MCA 15-31-102 as an exempt organization, you Tax Return, for that period and pay tax on that income. Refer may still apply for tax-exempt status in Montana. Your entity to MCA 15-31-102( 3) for more information. must be organized for “exempt purposes” as defined in section Requirements for a Tax-Exempt Owner of a 501( c)( 3) of the Internal Revenue Code, and must provide the Pass-Through Entity items required on page 1 with your application. If any of these A partnership with a tax-exempt owner is required to withhold tax items do not apply to you, provide an explanation. for that owner even if they have been approved for tax-exempt Federal status by the department. To waive the withholding requirement, Employer Identification Numbers ( FEINs) Generally, entities who incorporate receive an identification the tax-exempt entity needs to file a Montana Form PT-AGR, number from the IRS known as a Federal Employer Pass-Through Entity Owner Tax Agreement. This form can be Identification Number ( FEIN). However, this is not true in submitted online through our TransAction Portal ( TAP) or with all cases. Entities who are tax-exempt but have not made this form. Refer to the Form PT-AGR for more information. a specific election with the IRS to be tax-exempt may not Questions? Call us at ( 406) 444-6900, or Montana Relay at have an FEIN ( for example, certain religious organizations 711 for hearing impaired. and exempt entities with gross receipts less than $5, 000). PDF file checksum: 4179792201 | |