How to Reinstate a Montana LLC
To reinstate a Montana LLC, you’ll need to obtain a Title 15 Tax Certificate from the Montana Department of Revenue and file reinstatement documents online with the Montana Secretary of State. You’ll also need to fix the issues that led to your Montana LLC’s dissolution. Below, we’ll provide a free, step-by-step guide to reinstating your Montana LLC.
Reinstate a Montana Limited Liability Company
The Montana Secretary of State may administratively dissolve your Montana LLC if you fail to:
- appoint and maintain a Montana registered agent
- file a Statement of Change of Registered Agent when needed
- file annual reports on time
- pay any fees required by law
If you want to get your Montana LLC back in business, you need to submit the following to Montana’s Secretary of State:
- a Title 15 Tax Certificate (unless you are a single-member LLC)
- a completed Montana Reinstatement form and $35 reinstatement fee
- all late annual reports and late fees (within one business day of reinstatement confirmation)
Reinstating a business in Montana involves multiple steps that can’t all be completed in a day. Start by applying for a Title 15 Tax Certificate.
What is a Title 15 Tax Certificate?
A Title 15 Tax Certificate is a document issued by the Montana Department of Revenue stating that your Montana LLC is current on taxes. You’ll need to have the Title 15 Tax Certificate in hand before you can complete your application for reinstatement.
There’s one exception to this rule. If you’re a single-member LLC and have not elected to be taxed as a corporation, you don’t need a Title 15 Tax Certificate to reinstate your Montana LLC.
How do I get a Title 15 Tax Certificate?
You can apply for the Title 15 Tax Certificate by filling out the Application for Tax Certificate (Form CR-T).
The form asks for basic information about your Montana LLC, like its entity name, FEIN, Secretary of State ID Number (also called a “Certified File Number” or “File Number”), and the address where you’d like the certificate to be sent.
It’s important that you list your Montana LLC’s name exactly as it appears on record with the Secretary of State. If the name on your tax certificate doesn’t match the name the Secretary of State has on file, they may deny your reinstatement request.
You’ll need to check the box for “Title 15” and have one of the LLC’s members sign the form.
There is no fee to request a tax certificate, but you won’t receive one unless you are current on all taxes.
How long does it take to receive a Montana Title 15 Tax Certificate?
If you are caught up on your taxes, you can expect to wait 7-10 days.
Where do I file my Application for Tax Certificate?
You can apply online through the Department of Revenue’s TransAction portal or download the form and submit by fax or mail to:
Montana Department of Revenue
PO Box 5805
Helena, MT 59604
Montana LLC Reinstatement Application
Once you receive your Title 15 Tax Certificate, you can move on to the next step: filling out the reinstatement application.
Where can I find the Montana reinstatement application?
The only way to access the reinstatement application is through the Montana Secretary of State’s ePass Montana system. If you don’t have an ePass account, you’ll need to create one.
Once you’re logged onto your ePass account, you should see the name of your Montana LLC listed on your dashboard. To access the reinstatement application, follow these steps:
- Click on your Montana LLC’s name. This opens your record.
- Click “View Business Details.”
- Click “Maintain.”
- Click “Reinstatement.”
If you don’t see the name of your Montana LLC, you need to complete another step: requesting authority over your business.
You may be required to submit a written statement from a member granting you authority to file on behalf of the business. In that case, email the statement and your ePass username to firstname.lastname@example.org. You’ll have to wait for the Secretary of State’s office to approve your request.
For help with this step, you can call the Secretary of State’s helpline at (406) 444-3665.
What information do I need to apply for reinstatement?
To apply for reinstatement in Montana, you’ll need to provide the following information:
- your Montana LLC’s name and mailing addresses
- a statement that says the assets of your Montana LLC have not been liquidated
- a statement that says the majority of members are on board with reinstating the LLC
- your LLC’s new desired name, if your old name was adopted by another company while your LLC was dissolved
You’ll also need to upload your signed Title 15 Tax Certificate.
How much does reinstatement cost?
The reinstatement fee is $35. You’ll also have to pay $35 for each delinquent annual report.
How do I file late annual reports?
When your reinstatement is approved, the Secretary of State will send you an email confirmation. After the email arrives, you have only one business day to file any missing annual reports.
File the missing annual reports through your ePass Montana account by clicking on your business name and clicking “File My Annual Report.”
How long do I have to reinstate my Montana LLC?
After your Montana LLC is administratively dissolved, you have five years to reinstate your business. After that, you’ll have to start over and form a new Montana LLC.
Can I change my registered agent on the Montana reinstatement form?
The Montana application for reinstatement does not offer an option for changing your registered agent. However, you can change your Montana registered agent when filing your late annual reports or by filing a Statement of Change of Registered Agent and/or Registered Office form with the Secretary of State.