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Montana Senate Bill 544 revises income tax laws for net operating loss adjustments

March 25, 2025 | Introduced Senate Bills, 2025 House and Senate Bills, Montana Legislation Bills, Montana


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Montana Senate Bill 544 revises income tax laws for net operating loss adjustments
Montana's Senate Bill 544, introduced on March 25, 2025, aims to revise individual income tax laws by allowing taxpayers to claim certain losses that were not addressed in previous legislation. This bill, spearheaded by Senator G. Hertz, seeks to provide a transition adjustment for net operating losses, enabling taxpayers to align their Montana taxable income with federal tax regulations.

The key provision of SB 544 allows taxpayers to elect a transition adjustment for Montana net operating loss carryovers, which could significantly impact their tax liabilities. This adjustment is particularly relevant for those whose federal and Montana carryovers differ as of December 31, 2023. If the Montana carryover is smaller than the federal one, it results in a positive adjustment to taxable income, and vice versa. Taxpayers must make this election on their 2024 income tax returns, with a deadline set for October 15, 2025.

The bill has sparked discussions among lawmakers and tax experts, with some praising it as a necessary update to ensure fairness in tax treatment, while others express concerns about its potential complexity and the administrative burden it may impose on the Department of Revenue. The immediate effective date and retroactive applicability of the bill underscore its urgency, as it aims to rectify discrepancies that could affect taxpayers' financial planning.

As Montana navigates its tax landscape, SB 544 could have significant economic implications, particularly for small businesses and individuals who have faced challenges due to the pandemic. By allowing these adjustments, the bill may provide much-needed relief and foster a more equitable tax environment. The next steps will involve monitoring the bill's progress through the legislature and its potential impact on taxpayers across the state.

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