Making Pass-Through Entity Tax Election

15-30-3327 . Making pass-through entity tax election. (1) The election must be made annually no later than the due date, including extensions, of the pass-through entity's tax return as prescribed by 15-30-3302 . The election for a tax year is irrevocable for the year it is made.

(2) The pass-through entity must designate a Montana pass-through entity representative who is authorized to make the election to subject the pass-through entity to the tax provided for in 15-30-3325 through 15-30-3328 .

# (a)

The Montana pass-through entity representative acts on behalf of the pass-through entity for the applicable tax year.

# (b)

With respect to an action required or permitted to be taken by a pass-through entity under 15-30-3325 through 15-30-3328 and a proceeding under 15-1-211 with respect to the action, the Montana pass-through entity representative for the tax year has the sole authority to act on behalf of the pass-through entity, and the pass-through entity's direct owners and indirect owners are bound by those actions.

# (c)

The department may establish reasonable qualifications and procedures for designating a person to be the Montana pass-through entity representative.

(3) Nothing in this section prevents a pass-through entity that does not have business activity in the state during the tax year but that does have resident owners from electing to pay the entity tax.

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