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Payroll Montana, Unique Aspects of Montana Payroll Law and Practice

The Montana State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:

Department of Revenue
Withholding Tax Bureau
P.O. Box 5835
Helena, MT 59604-5835
(406) 444-6900
www.state.mt.us/revenue


Montana does not require you to use a state form to calculate state income tax withholding.


Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Montana cafeteria plans are not taxable for income tax calculation; taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.


In Montana supplemental wages are taxed at a 6% flat rate.


You may file your Montana State W-2s by magnetic media if you choose to.


The Montana State Unemployment Insurance Agency is:

Department of Labor and Industry
Unemployment Insurance Division
1327 Locky, P.O. Box 8020
Helena, MT 59624-8020
(406) 444-6900
http://uid.dli.state.mt.us/

The State of Montana taxable wage base for unemployment purposes is wages up to ,300.00.


Montana has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in Montana for a minimum period of five years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.


The Montana State Agency charged with enforcing the state wage and hour laws is:

Department of Labor and Industry
Labor Standards Bureau
1805 Prospect Avenue
P.O. Box 6518
Helena, MT 59604-6518
(406) 444-5600
http://erd.dli.state.mt.us/LaborStandards/Lswagehr.htm


There is no provision for minimum wage in the State of Montana.


The general provision in Montana concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 40-hour week.

Montana State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

  • Employee's name

  • date of hire

  • Employee's address

  • Employee's social security number

  • Employer's name

  • Employers address

  • Employer's Federal Employer Identification Number (EIN)


This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is no penalty for a late report in Montana.

The Montana new hire-reporting agency can be reached at 888-866-0327 or 406-444-9290 or on the web at http://www.dphhs.mt.gov/aboutus/divisions/childsupportenforcement/relatedtopics/employerinformation.shtml


Montana does not allow compulsory direct deposit.

Montana requires the following information on an employee's pay stub:

  • itemized deductions



  • Montana has no statutory provision on how often employee must be paid.

    Montana requires that the lag time between the end of the pay period and the payment of wages to the employee not exceed ten business days after wages become due; next pay period if timesheets are late.


    Montana payroll law requires that involuntarily terminated employees must be paid their final pay immediately, unless employer's written policy extends the time period to the next regular payday or 15 days from date of termination, whichever is earlier. Voluntarily terminated employees must be paid their final pay by the next regular payday or 15 days from date of separation, whichever is earlier.



    There is no provision in Montana law concerning paying deceased employees.


    Escheat laws in Montana require that unclaimed wages be paid over to the state after one year.

    The employer is further required in Montana to keep a record of the wages abandoned and turned over to the state for a period of 10 years.


    Montana payroll law mandates that there is no tip credit of minimum wage.



    In the Montana payroll law there is no provision covering required rest or meal periods.

    There is no provision in Montana law concerning record retention of wage and hour records therefor it is probably wise to follow FLSA guidelines.


    The Montana agency charged with enforcing Child Support Orders and laws is:

    Child Support Enforcement Division
    Department of Public Health and Human Services
    3075 N. Montana Ave., Ste. 112
    P.O. Box 202943
    Helena, MT 59620-2943
    (406) 442-7278
    http://www.dphhs.mt.gov/index.shtml

    Montana has the following provisions for child support deductions:

    • When to start Withholding? First pay period after service.

    • When to send Payment? Within 7 days of Payday.

    • When to send Termination Notice? "Promptly"

    • Maximum Administrative Fee? per month.

    • Withholding Limits? Federal Rules under CCPA.





    Please note that this article is not updated for changes that can and will happen from time to time.


    About the Author: Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years,
    the last fifteen in private practice. Mr. Read is the author of "Tax and Accounting Issues
    in Forming a New Business."

    To find professional payroll services at a budget price go to www.payrollonabudget.com
    a paperless payroll company.

    For a full service payroll bureau with CPA's on staff visit www.CustomPayroll.com .

    See an excerpt of Mr. Read's interviews from William Shatner's "Heartbeat of America"
    television show on the web sites linked above.




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