You can use the same name in Montana that you use in your home state, however, if the name of your Domestic LLC is not available you need to choose another name.  Your Montana Foreign LLC name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.

In any case, the Montana Foreign LLC name that you choose must be distinguishable from the name of any other registered Montana LLC or other business entity and the name must also be different from any reserved names on record with the state of Montana.  Your Montana Foreign LLC name must not imply that it was formed for a purpose other than that stated in the Articles of Organization for your Domestic LLC and your Montana Foreign LLC name must not be a name that is likely to mislead the public.

The name of a Montana Foreign LLC must include the word "Limited Liability Company" or or the abbreviation "LLC" or "L.L.C.".

It's important to choose a good name for your Montana Foreign LLC because if you want to change it after you qualify you will have to file amended documents with the Montana Secretary of State (and pay a fee).

In order to Qualify as a Foreign LLC in Montana you must file Registration Documents with the Montana Secretary of State.  In Montana the registration documents are named "Certificate of Authority of Foreign Limited Liability Company Application".

The registration documents must include certain specific information about your Montana business.  If the LLC Registration Documents do not conform exactly to state of Montana Foreign LLC requirements they will be rejected. 

If you need to change any of the information on your registration documents after your Montana Foreign LLC has been approved, you may amend the registration documents for your Montana Foreign LLC but you will have to pay a fee to the state of Montana in order to make the changes official.

The Montana Corporate Income Tax Rate is 6.75%.  You may choose that your Montana Foreign LLC is to be taxed as a C Corporation or S Corporation. 

A C Corporation is what you may think of as a traditional Corporation like General Electric or Ford.  C Corporations pay a Corporate income tax to the state if that state taxes Corporations. 

You may choose to have your Montana Foreign LLC taxed as a S Corporation.  S Corporations "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any Montana Corporate Income Tax.

Corporation Income Tax in the state of Montana is referred to as the Corporation License Tax.  The Montana Corporation License Tax is a franchise tax levied on corporations for the privilege of doing business in the state of Montana. 

The Montana Corporation License Tax rate is 6.75% and is calculated on net income earned in Montana.

Corporations whose only activity in Montana consists of making sales, and do not own or rent real estate or tangible personal property, and whose annual gross volume of sales made in Montana does not exceed $100,000, may elect to pay a tax of 1/2 of 1% of gross sales.

The minimum Montana Corporation License Tax is $50.  However, if a Montana corporation has no property, payroll, or sales in Montana during the tax period, it is excluded from the minimum payment.  All Montana corporations must file a tax return even if they are excluded from the minimum payment.

If you form a Single Member Montana Foreign LLC and do not specify to the IRS how you want to be taxed your Single Member Montana Foreign LLC will be taxed as a Sole Proprietorship.  If you form a Multiple Member Montana Foreign LLC and do not specify to the IRS how you want to be taxed your Multiple Member Montana Foreign LLC will be taxed as a Partnership.

Note that forming a Montana Foreign LLC doesn't take the place of obtaining a local business license, tax registration certificate, or other required business permits.  A Montana Foreign LLC merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.

Depending on the nature of the business and the location of your Montana Foreign LLC within Montana you may need to get one or more local business licenses or permits.  The business licenses or permits that are required for your Montana Foreign LLC vary depending on your business activities and the specific locations within the state of Montana in which you want to conduct business.

If your Montana Foreign LLC will be selling products in Montana you may be required to obtain a Reseller's Permit from the appropriate Montana state agency.  If your Montana Foreign LLC will be selling products in Montana you will also be responsible for all applicable local and state of Montana sales taxes if there are any.

The Montana Annual Report includes basic information about your Montana Foreign LLC including information on your business location as well as the names of the Officers and Directors.

Failure to submit a properly completed Montana Annual Report to the Montana Secretary of State on or before the due date may subject the Montana Foreign LLC to being administratively dissolved in the state of Montana or having its authority to transact business in the state of Montana revoked by the Montana Secretary of State.

Penalties may accrue if you fail to file any Montana Foreign LLC Annual Report to the Montana Secretary of State by the due date.

Foreign LLCs that either do business in the state of Montana or that derive income from sources within the state of Montana are subject to Montana and federal tax laws.  If you are engaged in intrastate business and derive income from other states besides Montana, you must allocate the amount of income derived from the state of Montana in order to determine your Montana state taxes.