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No sales tax, a receipts-only income tax, and the only state without at-will employment

Setting up a startup in Montana

Montana has no sales tax, a 6.75% corporate income tax apportioned by receipts alone from 2025, and an April 15 annual report that is free if filed on time. What sets it apart is employment law: Montana is the one state where employees can’t be fired at will once a probationary period ends.

Areas
6
Setup steps
7
Checked
October 12, 2026
Montana, raised. Point at a neighbor to compare; click to open its guide.

At a glance

Corporate tax
6.75% (7% water’s edge), $50 minimum
Tax on wages
4.7% / 5.65% (2026)
Sales tax
None (local resort taxes)
Economic nexus
No sales tax
Minimum wage
$10.85/hr
UI wage base
$47,300
New-employer UI rate
1.00%–2.00% by industry + 0.18% AFT
Paid leave program
None
Annual report
Apr 15; fee waived if on time

2026 figures, each explained with its source on the area’s page. On top of the federal baseline.

Setup, in order

  1. Register with the Secretary of State

    Before transacting business in Montana

    File a Foreign Registration Statement for a profit corporation ($70) with the Secretary of State.

  2. Open a withholding account

    Before the first Montana payroll

    Open a withholding account with the Department of Revenue through the TransAction Portal.

  3. Open a UI account

    Before the first Montana payroll

    Register with DLI for unemployment insurance; new employers get their industry’s average rate plus the 0.18% AFT.

  4. Get workers’ compensation coverage

    Before the first employee starts

    Elect Plan 1 (self-insurance), Plan 2 (private insurer) or Plan 3 (Montana State Fund).

  5. Report new hires

    Within 20 days of hire

    Report new and rehired employees to the state’s new hire program.

  6. Put the probationary period in writing

    Before the first Montana employee starts

    Set a probationary period in the offer letter and keep written personnel policies the company follows, because of the Wrongful Discharge from Employment Act.

  7. File the annual report

    By April 15 each year

    File the annual report with the Secretary of State; the fee is waived if filed on time.

Common questions

Can we carry back a Montana loss?

Yes, and it is unusual: Montana still allows a net operating loss from a tax period after 2017 to be carried back three years (up to $500,000 per period) as well as forward 10 years. A company that paid Montana tax in a good year and then loses money can recover some of it; the trade-off is a 10-year carryforward instead of the federal indefinite one.

Do we collect sales tax from Montana customers?

No. Montana has no general sales tax, so there is no seller’s permit, no economic nexus threshold and nothing to collect on SaaS or other sales to Montana customers. Local resort taxes in some communities apply to goods and services sold there, not to remote SaaS subscriptions.

Do we send 1099s to Montana?

Yes. Montana follows federal due dates for Forms 1099 without withholding — January 31 for 1099-NEC — filed with a federal Form 1096, and you don’t need a Montana withholding account if nothing was withheld. DOR is moving electronic submissions to the IRS IRIS XML format.

When is a final paycheck due in Montana?

When an employee quits, by the earlier of the next regular payday or 15 days. When the employer discharges for cause or lays someone off, immediately — unless the employer has a written personnel policy that extends it to the next regular payday or 15 days, whichever is first.

When is the Montana annual report due?

April 15 for every corporation, whatever month it registered. Filed on time the fee is waived; after April 15 it is $35, and a corporation that lets reports lapse pays $35 for each delinquent year to reinstate.

Can we fire a Montana employee at will?

No — Montana is the one state where employment is not at-will after a probationary period. Under the Wrongful Discharge from Employment Act, once an employee completes the probationary period (12 months if the employer sets none), a discharge without good cause is wrongful. Startups hiring in Montana should set the probationary period in writing before the start date.

Works in your QuickBooks Online or Xero file

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Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.