Montana S-Corporation Status – Kit

Bahman Eslamboly

Form reviewed by Bahman Eslamboly, Attorney at FindLegalForms

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An S-corporation is recognized by the Internal Revenue Service but is treated differently than other corporations in terms of federal taxation. S-corporations are taxed in the same way as partnerships and the corporation itself does not pay a corporate tax. Any taxable profits of an S corporation fall to the individuals who own shares in the corporation. This S-Corporation Status Kit contains important information regarding S Corporations.

This S-Corporation Status Kit for Montana includes the following:
  • Notes and Requirements for S-Corporation Status
  • S-Corporation Checklist
  • Notice of Special Shareholders Meeting Regarding S-Corporation Status
  • Affidavit of Mailing of Notice of Special Shareholders Meeting Regarding S-Corporation Status
  • Waiver of Notice of Special Shareholders Meeting Regarding S-Corporation Status
  • Minutes of Special Shareholders Meeting Regarding S-Corporation Status
  • Resolution of Shareholders Regarding S-Corporation Status

Protect Yourself and your Business by using our professionally prepared up-to-date forms.

This attorney-prepared packet contains:
  1. General Information
  2. S-Corporation Status Kit for use in Montana
State Law Compliance: This form complies with the laws of Montana

Montana S-Corporation Status – Kit

Product Details

Product Montana S-Corporation Status – Kit
Country United States
Pages 11
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Adobe PDF
WordPerfect
Rich Text Format
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category S-Corporation Status
Product number #40211
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

An S-Corporation is a special type of corporation that meets specific Internal Revenue Code requirements, allowing it to pass income directly to shareholders, thus avoiding double taxation.

To qualify, your corporation must meet certain criteria, including having no more than 100 shareholders, all of whom must be U.S. citizens or residents, and having only one class of stock.

The kit includes essential documents such as a checklist, notice of special shareholders meeting, affidavit of mailing, waiver of notice, minutes of the meeting, and a resolution of shareholders.

No, this kit is specifically designed for use in Montana and complies with Montana state laws regarding S-Corporation status.

If you do not file for S-Corporation status, your corporation will be taxed as a regular C-corporation, which may result in higher overall tax liabilities due to double taxation.

Is This Form Right For You?

Use This Form If:

  • Individuals who are forming a new corporation in Montana may need this S-Corporation Status Kit to ensure they meet the necessary requirements for S-corporation status, allowing them to benefit from pass-through taxation.
  • For those who have an existing corporation and wish to change their tax status to that of an S-corporation, this kit provides the essential documents and guidelines needed to facilitate this transition smoothly.
  • Situations requiring compliance with state laws regarding corporate taxation can benefit from this kit, as it includes all necessary forms and instructions to help corporations adhere to Montana's legal standards.
  • Business owners looking to hold a special shareholders meeting to discuss S-corporation status will find this kit invaluable, as it contains templates for notices, waivers, and minutes that are crucial for proper documentation.
  • Entrepreneurs seeking to protect their personal assets while maximizing tax benefits will utilize this kit to understand the implications of S-corporation status and to prepare the required legal documents.

Do Not Use If:

  • This form is not appropriate for corporations that do not meet the eligibility requirements for S-Corporation status, such as those with more than 100 shareholders or foreign shareholders.
  • If your business is structured as a sole proprietorship or partnership, this kit will not be applicable, as it is specifically designed for corporations seeking S-Corporation status.
  • In situations where a corporation is already classified as a C-Corporation and does not wish to change its tax status, this kit is unnecessary and irrelevant.
  • Businesses that operate in states other than Montana should not use this kit, as it is tailored to comply with Montana's specific legal requirements and regulations.

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Package of the most frequently used forms to start a corporation for use in all states.

Product Laws

S-Corp Information - Montana

Address of state corporation department:
Secretary of State
PO Box 202801
Helena MT 59620-2801
Telephone: 406-444-3665
State web address: http://leg.mt.gov/css/
State law reference: Montana Code Annotated, Title 35, Chapter 1.
Title of filing: Articles of Incorporation.
Filing Fees: $70
Other fees: None.
Name reservation: Reservable for 120 days for $10 fee. (Section 35-1-309).
Name requirements: Corporation, Incorporated, Company, Limited, or abbreviation. (Section 35-1-308).
Incorporator requirements: One or more persons or entities. (Sections 35-1-215, 35-1-113).
Corporate purpose requirements: General “all purpose” clause (see instructions). (Section 35-1-114).
Director requirements: One or more (may be nonresidents). (Sections 35-1-417, 35-1-419).
Paid-in capital requirements: None.
Annual report requirement: Yes, to Secretary of State. (Section 35-1-1104). $15 filing fee.
Publication requirements: None.
Other provisions: Registered agent must deliver to the Secretary of State a written statement accepting the appointment. (Section 35-1-313). The state provides a form for this purpose.

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