House Bill No. 274
Introduced By vick, rose, bohlinger, walters, mills, barnett, boharski, molnar, wagner, prouse, arnott, stovall, bitney, curtiss, marshall, holland, orr, denny, bookout, ahner, ohs, beaudry, hayne, sliter, smith, jore, grinde, knox, debruycker, kasten, devaney, anderson, cobb
A Bill for an Act entitled: "An Act eliminating certain nuisance taxes by eliminating the $10 filing fees for small business
corporations, ELIMINATING THE RURAL COOPERATIVE UTILITIES ANNUAL FEE, and repealing the license tax
on sales of cement and byproducts; amending section SECTIONS 15-31-202 AND 35-18-503, MCA; repealing sections
15-31-204, 15-59-201, 15-59-203, 15-59-204, 15-59-205, 15-59-206, 15-59-207, 15-59-208, 15-59-209, 15-59-210,
15-59-212, 15-59-213, 15-59-214, and 15-59-221, 35-18-504, 35-18-505, 35-18-506, AND 35-18-510, MCA; and
providing an effective date and applicability dates."
Be it enacted by the Legislature of the State of Montana:
Section
Section 15-31-202, MCA, is amended to read:
"15-31-202. Small business corporation not subject to chapter. (1) A small business corporation is not subject to the
taxes imposed by this chapter. The corporate net income or loss of the corporation is included in the stockholders' adjusted
gross income as defined in 15-30-111.
(2) Each small business corporation is required to pay the minimum fee of $10 required by 15-31-204."
SECTION
SECTION 35-18-503, MCA, IS AMENDED TO READ:
"35-18-503. Annual fee to department of revenue -- exemption Exemption from other taxes. Cooperatives and
foreign corporations transacting business in this state pursuant to the provisions of this chapter shall pay annually on or
before July 1, to the department of revenue a fee of $10 for each 100 persons or fractions thereof to whom electricity or
telephone service was supplied during the previous calendar year within the state and, except as provided in 10-4-201, shall
be are exempt from all other excise and income taxes of whatsoever kind or nature."
NEW SECTION. Section
(1) Section 15-31-204, MCA, is repealed.
(2) Sections 15-59-201, 15-59-203, 15-59-204, 15-59-205, 15-59-206, 15-59-207, 15-59-208, 15-59-209, 15-59-210, 15-59-212, 15-59-213, 15-59-214, and 15-59-221, MCA, are repealed.
(3) SECTIONS 35-18-504, 35-18-505, 35-18-506, AND 35-18-510, MCA, ARE REPEALED.
NEW SECTION. Section
[This act] is effective July 1, 1997.
NEW SECTION. Section
(1) [Sections 1 and
2(1) 3(1)] apply retroactively, with WITHIN the meaning of 1-2-109, to tax
periods beginning after December 31, 1996.
(2) [Section 2(2) 3(2) AND (3)] applies to tax periods beginning after June 30, 1997.
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