Montana Code Annotated — Title 15 (Taxation)
Mont. Code Ann. § 15-30-2546
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.
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In this chapter (40 sections)
- 15-30-2511 · Voluntary State Withholding From Federal Annuity --…
- 15-30-2512 · Estimated Tax -- Payment -- Exceptions -- Interest
- 15-30-2513 · Withholding From Compensation -- Exception
- 15-30-2514 · Through 15-30-2520 Reserved
- 15-30-2521 · Policy And Purpose
- 15-30-2522 · Withholding Of Lottery Winnings
- 15-30-2523 · Determination Of Employer Status
- 15-30-2524 · Through 15-30-2530 Reserved
- 15-30-2531 · Credits And Refunds -- Period Of Limitations
- 15-30-2532 · Through 15-30-2535 Reserved
- 15-30-2536 · Short Title
- 15-30-2537 · Definitions
- 15-30-2538 · Withholding Required On Mineral Royalty Payments
- 15-30-2539 · Withholding -- No Application Under Certain Conditions
- 15-30-2540 · Remitter Liable For Withholding Taxes And Statements --…
- 15-30-2541 · Royalty Withholding Tax Remittance Schedule -- Alternative…
- 15-30-2542 · Amount Of Royalty Payment Withheld Considered Taxes…
- 15-30-2543 · Annual Withholding Statement To Royalty Owner
- 15-30-2544 · Remitter To Furnish Annual Statement To Department
- 15-30-2545 · Withheld Taxes Held In Trust For State
- 15-30-2546 · Violations By Remitter -- Penalties -- Interest --…
- 15-30-2547 · Rulemaking Authority
- 15-30-2601 · Tax As Personal Debt
- 15-30-2602 · Returns And Payment Of Tax -- Penalty And Interest --…
- 15-30-2603 · Return Of Fiduciary
- 15-30-2604 · Time For Filing -- Extensions Of Time
- 15-30-2605 · Revision Of Return By Department -- Statute Of Limitations…
- 15-30-2606 · Tolling Of Statute Of Limitations -- Consent To Extend…
- 15-30-2607 · Application For Revision -- Appeal
- 15-30-2608 · Judicial Review
- 15-30-2609 · Credits And Refunds -- Period Of Limitations
- 15-30-2610 · Through 15-30-2615 Reserved
- 15-30-2616 · Information Agents' Duties
- 15-30-2617 · Oaths Administered By Director Of Revenue And Designated…
- 15-30-2618 · Confidentiality Of Tax Records
- 15-30-2619 · Furnishing Copy Of Federal Return -- Copy Of Share Of…
- 15-30-2620 · Department Rules -- Conformance With Internal Revenue Code
- 15-30-2621 · Agreements With Contiguous States
- 15-30-2622 · Closing Agreements
- 15-30-2623 · Through 15-30-2628 Reserved