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15-30-2501. Definitions

15-30-2501. (Temporary) Definitions. When used in 15-30-2501 through 15-30-2509, the following definitions apply: (1) ”Agricultural labor” means all services performed on a farm or ranch in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, […]

15-30-2502. Withholding of tax from wages

15-30-2502. Withholding of tax from wages. (1) Each employer making payment of wages shall withhold from wages a tax determined in accordance with the withholding tax tables prepared and issued by the department. (2) An employer who maintains two or more separate establishments within this state is considered to be a single employer for the purposes of […]

15-30-2503. Employer liable for withholding taxes and statements

15-30-2503. Employer liable for withholding taxes and statements. (1) Each employer is liable for the payments required by 15-30-2504, the amounts required to be deducted and withheld under this part, and the annual statements required by 15-30-2506 and 15-30-2507. The payments required by 15-30-2504 and the amounts required to be deducted and withheld, plus interest due, […]

15-30-2504. Schedules for remitting income withholding taxes — records

15-30-2504. Schedules for remitting income withholding taxes — records. (1) Subject to the due date provision in 15-30-2604(1)(b), an employer shall remit the taxes withheld from employee wages as follows: (a) An employer whose total liability for state income tax withholding during the preceding lookback period was $12,000 or more shall remit on an “accelerated schedule”, which […]

15-30-2505. Amount withheld considered as tax collected

15-30-2505. Amount withheld considered as tax collected. All amounts deducted and withheld must be considered as a tax collected under the provisions of 15-30-2501 through 15-30-2509, and an employee does not have any right of action against the employer in respect to any money deducted and withheld from the employee’s wages and paid to the state […]

15-30-2506. Annual withholding statement

15-30-2506. Annual withholding statement. Every employer shall, prior to January 31 in each year, furnish to each employee a written statement showing the total wages paid by the employer to the employee during the preceding calendar year and showing the amount of the federal income tax deducted and withheld from the wages and the amount of […]

15-30-2507. Annual statement by employer

15-30-2507. Annual statement by employer. (1) Every employer shall, on or before January 31 in each year, file with the department a wage and tax statement for each employee in the form and summarizing information as the department requires, including the total wages paid to the employee during the preceding calendar year or any part of […]

15-30-2508. Withheld taxes held in trust for state

15-30-2508. Withheld taxes held in trust for state. Every employer who deducts and withholds any amounts under the provisions of 15-30-2501 through 15-30-2509 shall hold the amounts in trust for the state of Montana. History: En. Sec. 10, Ch. 246, L. 1955; amd. Sec. 190, Ch. 516, L. 1973; R.C.M. 1947, 84-4951; amd. Sec. 10, Ch. 439, […]

15-30-2509. Violations by employer — penalties, interest, and remedies

15-30-2509. Violations by employer — penalties, interest, and remedies. (1) The department shall, as provided in 15-1-216, add penalty and interest to the amount of all delinquent withholding taxes. (2) In addition to the penalties imposed by 15-1-216, the failure of an employer to furnish a wage and tax statement, as required by 15-30-2507(1), subjects the employer […]

15-30-2510. Remitting withholding taxes electronically — employer option — timely remittance

15-30-2510. Remitting withholding taxes electronically — employer option — timely remittance. (1) Subject to subsection (2), an employer may remit and file state income tax withholding electronically in any format established and approved by the department. (2) An employer shall obtain the department’s prior approval before the employer may remit withholding taxes by electronic funds transfer. (3) If […]

15-30-2511. Voluntary state withholding from federal annuity — agreement with federal government

15-30-2511. Voluntary state withholding from federal annuity — agreement with federal government. (1) The director of revenue shall enter into an agreement with the federal office of personnel management to allow voluntary state tax withholding from federal annuity payments as provided in 5 U.S.C. 8345. (2) The department of revenue may adopt administrative rules necessary to implement […]

15-30-2512. Estimated tax — payment — exceptions — interest

15-30-2512. (Temporary) Estimated tax — payment — exceptions — interest. (1) (a) Each individual subject to tax under this chapter, except farmers or ranchers as defined in subsection (6), shall pay for the tax year, through employer withholding, as provided in 15-30-2502, through payment of estimated tax in four installments, as provided in subsection (2) of […]

15-30-2521. Policy and purpose

15-30-2521. Policy and purpose. (1) It is the policy and intent of the legislature that lottery proceeds received by a person who redeems a ticket or chance to win a prize on a ticket or chance purchased in Montana under the provisions of Title 23, chapter 7, is Montana source income, notwithstanding the residence of the […]

15-30-2522. Withholding of lottery winnings

15-30-2522. Withholding of lottery winnings. (1) When making any payment of winnings that are subject to withholding, the state lottery and sports wagering commission, created under Title 23, chapter 7, part 2, shall deduct and withhold from the payment a tax in an amount equal to 6.9% of the payment. (2) For the purposes of this section, […]

15-30-2523. Determination of employer status

15-30-2523. Determination of employer status. A final determination by either the department of labor and industry or the workers’ compensation court that an employer-employee relationship existed between the taxpayer and certain individuals subjecting the taxpayer to the requirements of this chapter is not subject to any further administrative or judicial challenge in any proceeding before or […]

15-30-2531. Credits and refunds — period of limitations

15-30-2531. Credits and refunds — period of limitations. (1) If the department determines by examination of an employer’s account, or upon claim filed by an employer, that the employer has overpaid the amount of tax, penalty, or interest, the amount of the overpayment may be refunded to the employer or applied to current or future obligations […]

15-30-2536. Short title

15-30-2536. Short title. Sections 15-30-2536 through 15-30-2547 may be cited as the “Mineral Royalty Backup Withholding Act”. History: En. Sec. 1, Ch. 468, L. 2007; Sec. 15-30-261, MCA 2007; redes. 15-30-2536 by Sec. 1, Ch. 147, L. 2009.