Administrative Rules of Montana
Department 42 - REVENUE
Chapter 42.15 - INCOME TAX
Subchapter 42.15.5 - Deductions
Rule 42.15.510 - DEFINITIONS

Universal Citation: MT Admin Rules 42.15.510

Current through Register Vol. 18, September 20, 2024

The following definitions apply to rules found in this subchapter:

(1) "Nonbusiness deduction" has the same meaning as nonbusiness deduction for federal income tax purposes when computing a net operating loss and includes the following Montana items:

(a) the standard deduction provided in 15-30-2132, MCA;

(b) the deduction for federal income taxes provided in 15-30-2131, MCA, to the extent not attributable to business profits;

(c) the deduction for political contributions provided in 15-30-2131, MCA;

(d) the part of the deduction for expenses for organic and byproduct inorganic fertilizer provided in 15-30-2131, MCA, that is not a trade or business expense;

(e) the deduction for payments for premiums for medical care and for premiums and certificates for long-term care provided in 15-30-2131, MCA;

(f) the deduction for a light vehicle registration fee provided in 15-30-2131, MCA, if it is not a trade or business expense;

(g) the deduction for the patriotic license plate surcharge provided in 15-30-2142, MCA, if it is not a trade or business expense;

(h) the deduction for per capita livestock fees if they are not trade or business expenses; and

(i) the deductions for charitable contributions, including contributions to the child abuse and neglect prevention program provided in 15-30-2131 and 15-30-2143, MCA, donations of computer equipment to schools by small business corporations provided in 15-31-172, MCA, and donations to the veterans' services account or the state veterans' cemetery program provided in 15-30-2142, MCA.

(2) "Nonbusiness income" has the same meaning as nonbusiness income for federal income tax purposes when computing a net operating loss and includes the following Montana items:

(a) interest on the obligations of another state or territory and mutual fund dividends attributable to the interest;

(b) federal income tax refunds and other recoveries of nonbusiness deductions in a prior tax year that reduced Montana income tax;

(c) income attributable to the unqualified withdrawals from medical savings accounts provided in 15-61-203, MCA, and the unqualified withdrawals from first-time home buyer savings accounts provided in 15-63-203, MCA; and

(d) decrease in the federal charitable contribution deduction attributable to claiming a charitable endowment tax credit.

15-30-2620, MCA; IMP, 15-30-2101, 15-30-2119, MCA;

Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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