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42.23.313    FILING REQUIREMENTS UPON DISSOLUTION, WITHDRAWAL, OR CESSATION OF BUSINESS

(1) When a domestic corporation seeks to dissolve, or when a foreign corporation seeks to withdraw or ceases business in Montana, the following requirements must be met for the purpose of corporation license tax clearance:

(a) A return clearly marked "Final Return" must be filed for the short period commencing with the closing date of the last period for which a return was filed and extending to the date of dissolution, withdrawal, or cessation of business in this state.

(b) A schedule must be attached to the final return showing the disposition made of the corporate assets.   If the corporation sold its assets, any gain or loss from the disposition thereof must be included in the determination of net income, unless:

(i) the liquidation of the corporation comes within the purview of section 337, IRC (1954) ; and

(ii) the corporation is not required to report gain pursuant to 15-31-113, MCA.

(c) Payment of the tax must be made for the final period and all other corporation license tax for which the corporation may then be liable.

History: Sec. 15-31-501, MCA; IMP, Sec. 15-31-143, MCA; Eff. 12/31/72; AMD, 1982 MAR p. 104, Eff. 1/29/82; AMD, 2001 MAR p. 2046, Eff. 10/12/01.

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