Form a S-Corp in Montana
Everything you need to know about forming a S-Corp in Montana. Filing fees, requirements, timeline, and step-by-step guidance.
How to File
Choose Corporate Name
Select an available name that includes 'Corporation,' 'Incorporated,' 'Company,' or abbreviations. Check availability through Montana SOS database.
30 minutes
Appoint Registered Agent
Designate a Montana resident or entity authorized to conduct business in Montana to receive legal documents.
15 minutes
File Articles of Incorporation
Submit Articles of Incorporation to Montana Secretary of State with required information and filing fee.
45 minutes
Obtain EIN from IRS
Apply for federal Employer Identification Number online through the IRS website for tax purposes.
20 minutes
What's Next After Filing
Once your S-Corp is officially formed, you'll want to complete these important steps:
- •File Form 2553 for S-Corp Election — Submit IRS Form 2553 within 75 days of incorporation to elect S-Corporation tax treatment.
- •Create Corporate Bylaws — Draft internal governing documents outlining corporate procedures, though not required to file with the state.
- •Issue Stock Certificates — Issue shares to initial shareholders and maintain proper stock records as required for S-Corp status.
Advantages
- ✓Pass-through taxation eliminates double taxation
- ✓Limited liability protection for shareholders
- ✓Enhanced credibility with customers and vendors
- ✓Ability to have employee-shareholders receive tax-free benefits
Considerations
- •Strict IRS requirements including 100 shareholder limit
- •Required payroll taxes on owner-employee wages
- •Less operational flexibility than LLCs
- •Potential loss of S-Corp status if requirements violated
Annual Obligations
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