Montana Code Annotated 2023



Part 25. Estimated Tax and Withholding

Violations By Remitter -- Penalties -- Interest -- Remedies -- Waivers -- Rulemaking

15-30-2546. Violations by remitter -- penalties -- interest -- remedies -- waivers -- rulemaking. (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, a remitter that fails to furnish the royalty and tax statement required by 15-30-2544 is subject to a penalty of $150 for each failure, with a minimum of $1,000.

(a) If the department has not previously imposed a penalty authorized by this section on the remitter, the penalty must be waived if the royalty and tax statement is furnished within 30 days of the department's notice that the statement is delinquent.

(b) If the department has previously imposed a penalty authorized by this section on the remitter, the penalty may only be waived if the remitter:

(i) submits the royalty and tax statement within 15 calendar days of the due date of the royalty and tax statement; or

(ii) demonstrates there is reasonable cause for the failure to furnish the required royalty and tax statement.

(c) Penalties imposed by the department for failing to timely file a royalty and tax statement occurring before May 22, 2023, are not relevant when making a determination under subsections (2)(a) and (2)(b).

(d) The department is authorized to adopt rules to administer and enforce the provisions of this section.

(3) All remedies available to the state for the administration, enforcement, and collection of income taxes are available and apply to the tax required to be deducted and withheld under the provisions of 15-30-2536 through 15-30-2547 unless otherwise specifically provided for in this part.

History: En. Sec. 11, Ch. 468, L. 2007; Sec. 15-30-271, MCA 2007; redes. 15-30-2546 by Sec. 1, Ch. 147, L. 2009; amd. Sec. 2, Ch. 753, L. 2023.