Incorporate in Montana

A Montana corporation is a business entity that is separate from its owner—meaning, your personal assets won’t be affected by the company’s debts or legal actions. However, during tax season, you’ll most likely be subject to double-taxation—unless you elect to be taxed as an S-corp.

Corporations in Montana have access to several tax incentives not offered in other states. Some of the credits and deductions include: job credits, research and development deductions, investment credits, and deductibles for the cost of goods sold by the business. In addition, the state doesn’t asses a gross receipts tax—further decreasing a Montana corporation’s taxable income. Sign up for our business formation service, and you can start benefiting from the perks of a Montana corporation.

How do I start a corporation in Montana?

  1. Choose a company name. State law requires all businesses to have a unique name—meaning, your corporation can’t have the same name as another existing Montana business OR one too similar/easily confused with another corporation. To see if your chosen business name is available, search the Montana Business Database.
  2. Hire a Montana registered agent. All Montana businesses must have a registered agent—an individual or other business entity that accepts service of process on behalf of your Montana corporation. For just $49 a year, we’ll provide professional, quality registered agent service for your corporation.
  3. File Articles of Incorporation. This form must be submitted online through the Montana Secretary of State website. You’ll need to include the following information:
    • Name of your corporation
    • Duration—indicate whether your corporation will exist indefinitely or only for a specific time period
    • Purpose
    • Shares—a minimum of one share is required
    • Montana registered agent information
    • Incorporator’s name. An incorporator is simply the person who files and signs your Articles of Incorporation—this can be anyone and is not required to be an owner or anyone associated with the corporation.
    • Optional information:
      • Mailing/principal address
      • Officer information

Please note that listing your mailing/principal address and officer information is optional on your initial filing documents; however, this information will be required when you file your Montana annual report.

Our Montana Incorporation Service

Get the best and most reliable Montana incorporation service to support your new business. Deciding to start a Montana corporation is a big decision. Let us provide you with superior service at a low, fair price. You’ll get:

  • One full year of professional Montana registered agent service
  • Articles of Incorporation filing
  • Annual report reminders—for an additional $70 (including state fees), we’ll file it for you
  • Corporate bylaws written by our in-house attorneys—you can customize them to fit your needs
  • A secure online account you can use to store important documents
  • Free mail forwarding that includes 5 scans per year
  • A low, fair price: $219—includes all of your initial state filing fees

How much does it cost to register a business in Montana?

For domestic corporations, the Articles of Incorporation costs $35 to file with the Montana Secretary of State, Business Services Division ($70 for foreign corporations). Your form will be processed in 7-10 business day unless you pay for expedited service—$90 for 24 hours or $170 for 1 hour.

When you sign up for our services, we’ll file your Montana Articles of Incorporation for you. We’ll also provide registered agent service—offering real solutions and support to help maintain your Montana corporation.

Can a Montana corporation own vehicles?

Absolutely! In fact, Montana corporations have the same privileges as state residents. So, your Montana corporation can purchase and own any type of personal property—such as RVs, airplanes, cars, or trucks.

Does Montana assess a sales tax?

Nope. So, lets say you want to purchase a travel trailer that costs $50,000. However, the state you currently live in charges an 8% sales tax that will increase your total amount by about $4,000. Because your Montana corporation is considered a state resident, it can purchase the travel trailer without paying the additional sales tax—saving you thousands.

Is my Montana corporation required to have corporate bylaws?

Yes. Montana state law requires all Montana corporations to create and maintain corporate bylaws. When you hire us to form your Montana corporation, we’ll provide corporate bylaws written by our in-house attorneys. You can customize the bylaws to fit your specific needs.

Our corporate bylaws cover all the important information such as registered agent information, shareholder’s meetings, stock information, board of directors, officers, dividends and finances, notices, corporate seal, books/records, special corporate acts, and amendments.

Is my Montana corporation required to file a Beneficial Ownership Information Report?

Yes. Starting January 1, 2024, Montana companies have a new federal reporting requirement: file a Beneficial Ownership Information (BOI) report to the Financial Crimes Enforcement Network (FinCEN) within 30 days of incorporation.* Businesses incorporated before January 1, 2024 have until December 31, 2024 to file the report.

What’s the purpose of this report? The BOI report indicates who is actually controlling and financially benefiting from your Montana corporation. No need to worry—the information you submit is not public, and there is no filing fee.

We know. More bureaucracy. But we’ve got you covered: If you’re hiring us to form your company or to serve as your registered agent, just add BOI report filing at checkout for an additional $25 and our MT filing experts can take care of this mandatory federal filing for you.

*  FinCEN has temporarily extended the BOI report deadline for companies created or registered in 2024 from 30 days to 90 days after formation. Companies formed in 2025 and thereafter will return to the typical 30-day window.

What information is included in the BOI report?

Unless you have been exempt from filing, you must submit specific details about your company, its beneficial owners, and its company applicants. This includes basic information about your company:

  • Legal business name and any trade names or DBAs
  • US business street address
  • Formation jurisdiction
  • Tax ID number

The BOI report also requires basic information about beneficial owners and company applicants:

  • Full legal name
  • Date of birth
  • Residential address
  • Copy of non-expired ID (e.g., license or passport)

A beneficial owner is anyone who exercises substantial control over the business (e.g., CEO), owns 25% or more of the company, and/or receives substantial economic benefits from business assets. A company applicant is the person who formed the company (and if different, the person who directed it be formed). Only companies formed in 2024 or after submit company applicant information.

Do I need to file an annual report?

Yes. Montana annual reports must be filed ($20*) between January 1 and April 15—otherwise, your business will be assessed a $15 penalty fee. If your annual report is not filed by November 30, the state will administratively dissolve your company.

For an additional $70 (including state filing fees), we’ll automatically file your annual report, so you won’t have to worry about it.

* Note: The Annual Report filing fee has been waived for the year 2024.

Does Montana have a corporate income tax?

Yes. The standard corporate income tax rate is 6.75%. Your tax return will be due May 15th each year and must be filed with the Montana Department of Revenue. The minimum payment is $50.

Do I need an Employer Identification Number (EIN)?

Yes. The IRS requires corporations to get an EIN. You may request one through the IRS website. There is no filing fee.

Does Montana require a business license?

The state of Montana doesn’t have a general business license requirement. However, some businesses will be required to obtain a license. For example, athletic trainers, chiropractors, barbers, dentists, electricians, nutritionists, and massage therapists are required to get a Montana business license prior to opening. Check out out occupational licensing page for more information.

Ready to form your Montana corporation? Sign up now!

Corporate Kits with free shipping

Do you need a professional, high quality binder to store your formation documents, bylaws/operating agreement, and other important business information? For $90 (includes free shipping), you’ll receive a black binder with your business’s  name embossed on the spine in gold to use for storing membership certificates, minutes from shareholder’s meetings, or IRS forms. Our Corporate Kits are just what your Montana business needs to stay organized.

Does my Montana corporation need an assumed name (DBA)?

Many Montana corporations choose to operate under an assumed name (often called a DBA) because it allows for more branding and franchising opportunities. We can easily register your corporation’s assumed name. Select our Trade Name Service inside your account after purchasing our business formation service. We have three pricing options, all of which include state fees: Standard – $145.00, Expedited – $165.00, or Ultra Expedited $245.00.