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Advisory: credits and decisions in Montana

Montana is the one state where employees can’t be fired at will after probation; it has no R&D credit but credits half of employer FICA on new jobs through 2028.

Jurisdiction
Montana
Reading time
2 min
Checked
October 12, 2026
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Key figures

Montana advisory

2026, with sources

Individual income tax (2026)
4.7% / 5.65%4.7% on the first $47,500 for single filers, 5.65% above; the top rate drops to 5.4% in 2027.
Jobs Growth Incentive credit
50% of employer FICAHalf of employer FICA on qualifying new employees; tax years 2022–2028; certified by DLI.
Jobs Growth credit carryforward
10 yearsNonrefundable.
Wrongful discharge
Not at-willAfter the probationary period, discharge must be for good cause.
Reciprocity
North DakotaMontana residents earning wages in North Dakota pay Montana tax, and vice versa.

Montana is not an at-will state

Montana’s Wrongful Discharge from Employment Act makes a discharge wrongful if it is not for good cause after the employee has completed the probationary period, if it retaliates for refusing to violate or reporting a violation of public policy, if it breaks the employer’s own written personnel policy, or if it is solely for the employee’s legal free speech. During probation, either side can end the job for any reason.

If the employer doesn’t set a probationary period before the employee starts, the law sets one of 12 months; it can be extended, but not beyond 18 months in total. For a startup this is a hiring-document question: an offer letter and handbook that set the probationary period, and personnel policies the company will actually follow.

Incentives and personal taxes

Montana has no general research credit. The Jobs Growth Incentive credit equals half of the employer’s Social Security and Medicare tax on qualifying new employees, for tax years 2022 through 2028, once DLI certifies the employer; it is nonrefundable and carries forward 10 years.

For founders, Montana’s individual rates are 4.7% and 5.65% in 2026 (the top rate falls to 5.4% in 2027, with wider brackets). North Dakota residents working in Montana can claim the reciprocity exemption on Form MW-4.

Common questions

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.

Does Montana have an R&D credit?

There is no general R&D credit on Montana’s list of income tax credits. The broadly available incentive is the Jobs Growth Incentive credit: half of the employer’s FICA on qualifying new Montana employees, for tax years through 2028, nonrefundable with a 10-year carryforward, after DLI certifies the employer.

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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.

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