A. File Artcles of incorporation for Montana Corporation with the Secretary of State
After choosing which entity is right for you, your next step is to go to the Montana Secretary of State's website and download the appropriate incorporation form that may be available. Or, if you don't want to do the work yourself, we can help you incorporate a business in Montana. Click here for a free quote on our Montana business incorporation services.
B. S Corporation Filings for Your New Montana Corporation
1. Federal S-Corporation Election Form
If you have Clickandinc.com incorporate a business for you in Montana, and you choose to be treated as an s-corporation for federal income tax purposes, we can draft that form for you (IRS form 2553). If you choose to draft it on your own, you can download it from the IRS website.
NOTE: You have 75 days from the date you incorporate a business in Montana to file your form 2553 with the IRS. If you fail to file in that time period, you will not be granted s-corporation status for the year in which you incorporate.
2. Montana S-Corporation Election form
Montana does not require s-corporations file a separate s-corporation election form with the state.
C. Get Your Montana Tax ID Number and Or Other State Required Documentation
Have your Federal Tax ID Number (EIN) handy; most states require it on their state tax ID number forms and other forms that you may need to complete after you incorporate a business in Montana.
1. State Specific Information
For all downloadable forms for taxes, licenses, fees & permits for Montana businesses, go to http://mt.gov/revenue/formsandresources/forms.asp
To sign up online for the Montana Business Tax Express, go to https://app.mt.gov/bustax/
The state of Montana’s Department of Revenue has a Employer’s Tax Guide. You can download it at http://mt.gov/revenue/formsandresources/forms/WithholdingGuide.pdf
To apply for a state unemployment insurance tax ID number, contact the Montana Department of Labor and Industry at (406) 444-3834, or go to http://uid.dli.mt.gov/tax/uitaxforms.asp
2. Apply for Professional Licenses
Under state law, some professions -- such as architects, barbers, chiropractors, and dentists -- must be licensed. To determine whether you need a professional license, contact the Business and Occupational Licensing Bureau of the state Department of Labor and Industry at (406) 841-2333.
3. Apply for Workers' Compensation
If you are planning to hire employees, find out what kind of insurance coverage you are required to provide under state Workers' Compensation laws. You can get this information from Montana State Fund at (406) 444-6500 and the state Department of Labor and Industry.
If you have questions on workers' compensation please contact the Department of Labor (406) 444-6532.
4. Annual Reports
If you have a corporation or limited liability company, you must file an Annual Report to stay in good standing with the Secretary of State's Office. The report is due each year by April 15 and must be accompanied by a $15 filing fee. Businesses that file after that date will be charged a penalty.
If you have a Montana corporation or limited liability company and fail to file an Annual Report by December 1, your company will be involuntarily dissolved. You will have the option of filing an Application for Reinstatement for up to five years after dissolution.
If you have a foreign corporation or limited liability company (located outside Montana), you must file your Annual Report by November 1 or your Certificate of Authority will be involuntarily revoked with no possibility of reinstatement. You would need to register again to do business in Montana.
You may file online at https://app.mt.gov/bear/
5. Amendments
Throughout the life of your business, it may become necessary to change your business name, ownership information, registered agent, or registered address, or to amend your articles, or to merge with another entity. It is very important that you notify the Secretary of State's Office of any changes. You can get forms and fee information from the Business Services Bureau, (406) 444-3665.
In your Annual Report, you can report changes in your principal officers or directors, as well as information about shareholders. However, if you need to remove a member from a Montana limited liability company, you must file a Statement of Dissociation.
Surely, the list above is not everything you will need to do once you incorporate a business in Montana. You should always check with your accountant or attorney in order to make sure you are compliant with all state laws. Clickandinc.com is not a law firm and nothing on this page can be considered legal advice on which you can rely. If you’d like Clickandinc.com to help you incorporate a business in Montana, we’d love to help.
