Affidavit of Inactivity


This affidavit may be completed in lieu of a tax or information return if the taxpayer has no activity in Montana.

Complete a separate form for each tax period. When filing with the TransAction Portal (TAP), you will be able to add multiple filing periods to submit together.

Required Information

When you are completing the Affidavit of Inactivity, you will be asked to answer the following questions or provide the requested information:

Tax Period End Date

Your Montana tax period is the same as your federal income tax period.

You will need to fill out a separate Affidavit of Inactivity for each tax period.

When filing with the TransAction Portal (TAP), you will be able to add multiple filing periods to submit together.

Is this your entity's final period?

If you are dissolving this entity or withdrawing it with the Montana Secretary of State, select "Yes."

Do you have any type of income from sources in Montana?

If you have any income in Montana, you must mark "Yes" and file a return.

You are not eligible to file this form if you have the following:

If you believe your Montana sales are protected under Public Law 86-272 (ARM 42.26.501 through 42.26.505), you must mark "Yes" and file a return. You are not eligible to file this affidavit.

Do you have any employees or other representatives who perform work in Montana?

If you have any employees or other representatives who perform work in Montana, you must mark "Yes" and file a return.

You are not eligible to file this form if your employees or other representatives do the following in Montana:

If you believe your Montana payroll is protected under Public Law 86-272 (ARM 42.26.501 through 42.26.505), you must mark "Yes" and file a return. You are not eligible to file this affidavit.

Do you have any property or rents in Montana?

If you have any property or rents in Montana, you must mark "Yes" and file a return.

You are not eligible to file this form if you own the following property located in Montana:

If your business is a freight carrier who travels through Montana, you must file a return. (ARM 42.26.264 and 42.26.601 through 42.26.706)

Did you receive any distributive shares of Montana source items from a pass-through entity?

If you receive any distributive shares of any Montana source item, you must mark "Yes" and file a return.

You are not eligible to file this form if a Montana Schedule K-1 should be completed on your behalf.

Montana source items from a pass-through entity may include:

Entity Information

You will need to provide:

Entity Name

This is the name of your business.

Entity Identification Number

This will be your Federal Employer Identification Number (FEIN) or Social Security Number (SSN).

Contact Information

Please provide the name and phone number for a person we may contact if we have questions regarding your submission.

Montana Secretary of State ID

This number is referred to as the Certified File Number or Filing Number on all correspondence issued by the Secretary of State's office and begins with a letter followed by six to eight digits.

It was originally provided with the certificate of authority to do business in Montana or when the corporation was incorporated in Montana.

Example: If you Certified File Number is D-123456, enter D123456 in the field.

If you do not have your Montana Secretary of State ID number, you can find it using the Montana Business Search provided by the Montana Secretary of State.

Authorized Representative

Please provide the name and title for the authorized representative submitting this affidavit.

Entity Type

Select the appropriate entity type based on your filing information.

If you are submitting this affidavit for a Limited Liability Company (LLC), please select the option that matches your federal tax filing election.

If you are submitting this affidavit for an LLC which has not yet made a federal tax election, please select the option which corresponds to your anticipated election.

Please Note:

Disregarded Entities who are owned by a sole proprietor are not eligible to file this form.