Forming an Montana LLC

(2025 Guide)

2025 LLC Guide

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How to Start an LLC in Montana (Step-by-Step Guide)

Discover how to start an LLC in Montana, our step-by-step guide. Learn the essential requirements and process to form your business today.

To establish an LLC in Montana, you need to submit the Articles of Organization to the Montana Secretary of State. The filing fee is $35, and the approval process takes approximately 6 days.

Follow these 5 steps:
Choose an LLC Name
Select a Registered Agent
File Articles of Organization
Draft an Operating Agreement
Obtain an EIN

If you prefer setting up your LLC independently, refer to our complimentary guide below. Alternatively, consider hiring Northwest Registered Agent for professional assistance.

Need to save time?

Form your LLC with Northwest ($39 + state fee) or LegalZoom ($149 + state fee).

(See why Northwest is #1: Northwest vs LegalZoom.)

What is the cost to establish an LLC in Montana?

Starting an LLC in Montana requires a $35 fee. After that, there is an annual fee of $20. What do these charges cover? The $35 is for submitting the Articles of Organization, the document that officially forms an LLC. The $20 yearly fee is for the Annual Report, a necessary filing to maintain your LLC’s active status. For more details, refer to LLC Costs in Montana.

How long does it take to establish an LLC in Montana?

By filing online, your LLC will be approved within 5-6 business days. Note that Montana does not accept LLC filings by mail. Check How long does it take to get an LLC in Montana for any potential delays.

Here’s how to establish an LLC in Montana

1. Check Your LLC Name

Verify the availability of your LLC name in the state. It’s essential to ensure that no other business in the state shares the same name. Begin by searching for your desired business name and comparing it with those of existing businesses in the state. The Montana Business Search can help confirm that the name you want isn’t already associated with any current legal business entity.

Additionally, get to know the state’s guidelines for naming an LLC to ensure your application is accepted. More detailed information can be found here: Montana LLC Name.

Note: 

Most people choose “LLC”.

2. Select a Montana Registered Agent

The following step involves selecting a Registered Agent. A Montana Registered Agent is an individual or company responsible for receiving legal mail and state notices on behalf of your Montana Limited Liability Company.

Who is eligible to be an LLC Registered Agent? You have three options for appointing a Registered Agent:

You
A friend or family member
A Registered Agent Service

Montana mandates that LLC Registered Agents must maintain a physical street address within the state. PO Boxes are not permissible. The name and address of the Registered Agent will be included in public records.

If you lack an address in Montana or desire increased privacy, you can opt for a Registered Agent Service for your LLC.

We suggest Northwest Registered Agent

One of the aspects we appreciate most about Northwest is their willingness to allow you to use their office address for your LLC filing. This ensures your personal address is not listed in public records.

Additionally, they provide a service to scan any mail addressed to your LLC and upload it to your online account. Northwest offers exceptional customer service, and we trust them as our own Registered Agent.

Special offer: 

Form your LLC with Northwest for $39 + state fee and get a free year of Registered Agent service.

(Read our Northwest Registered Agent review.)

3. Submit LLC Articles of Organization

To establish an LLC, you’ll need to submit the LLC Articles of Organization to the Montana Secretary of State.

Filing your Articles of Organization online incurs a $35 fee. This is a one-time payment required to set up your LLC.

If you prefer to handle this process on your own, check out our detailed guide: Montana Articles of Organization. Alternatively, you can hire a company to manage it for you.

Need to save time? 

Form your LLC with Northwest ($39 + state fee) or LegalZoom ($149 + state fee).

(See why Northwest is #1: Northwest vs LegalZoom.)

4. Draft an LLC Operating Agreement

An LLC Operating Agreement acts as a complementary document to the Certificate of Formation. While the Certificate of Formation establishes your LLC, the Operating Agreement identifies the owners of the LLC.

Moreover, many banks require an Operating Agreement when setting up an LLC bank account. It is also invaluable if legal issues arise, as it demonstrates the proper management of your LLC. For these reasons, we advise all LLCs, including Single-Member LLCs, to have an Operating Agreement.

Additionally, an Operating Agreement is considered an “internal document.” This means you don’t need to file it with the state or the IRS (Internal Revenue Service). Simply keep a copy with your business records. You can download a free template below. Then, watch our Montana Operating Agreement video for a step-by-step guide on how to complete it.

Download a free LLC Operating Agreement:

Member-managed: Google Doc | Word | PDF
Manager-managed: Google Doc | Word

(What’s better? See Member-managed vs Manager-managed LLC)

5. Obtain an EIN for Your LLC

The following step is to secure a Montana EIN from the IRS for your LLC. Note: An EIN, also known as a Federal Tax ID Number or Federal Employer Identification Number, is essential.

An EIN is needed to:
– Identify your LLC for tax purposes
– Open a business bank account
– Apply for business licenses and permits

How much does an EIN cost? The IRS provides an EIN at no charge.

How long does it take to receive an EIN? Online applications are processed in 15 minutes, while mail or fax applications may take 1-3 months.

How can I obtain an EIN?
– US Citizens/Residents: With an SSN or ITIN, apply online. Follow these instructions: Apply for an EIN online.
– Non-US Residents: You can’t apply online, but you can obtain an EIN via fax or mail. See these instructions: How to get an EIN without an SSN or ITIN.

What should I do after my LLC is approved?

After your LLC is approved, there are a few more steps to take.

Open a business bank account for your LLC

This will simplify accounting and record-keeping for your business finances. Having a dedicated business bank account also ensures your personal liability protection by keeping your business and personal finances separate.

Obtain necessary business licenses and permits

Luckily, Montana doesn’t require a state general business license. However, depending on your LLC’s location, a local business license or permit might be necessary. For instance, starting a daycare may require a city or county business license. Visit our Montana Business License page for more details.

Submit your LLC Annual Report

All Montana LLCs are required to file an Annual Report each year to remain in good standing with the state.

What is the cost of a Montana Annual Report? The filing fee for the LLC Annual Report is $20 annually.

When is the Annual Report due? The Annual Report must be submitted by April 15 each year.

When is my first Annual Report due? Your initial Annual Report is due the year following your LLC approval. For instance, if your LLC was approved on February 3, 2025, your first Annual Report is due by April 15, 2026.

How do I file my LLC Annual Report? The LLC Annual Report is only filed online. Check out our step-by-step guide here: Montana LLC Annual Report.

File and pay taxes

LLCs do not pay federal taxes directly. Instead, the LLC Members are responsible for paying taxes for the LLC. Essentially, each owner pays taxes for the LLC as part of their personal tax return.

How is my LLC taxed? By default, the IRS taxes an LLC based on the number of its owners: A Single-Member LLC is taxed as a Sole Proprietorship, and a Multi-Member LLC is taxed as a Partnership. Alternatively, you can request the IRS to tax your LLC as a C-Corporation or S-Corporation.

Besides federal taxes, there are state and local income taxes to consider. Learn more in Montana LLC Taxes.

Helpful Resources

How to Start an LLC in Montana FAQs

Can I start an LLC online in Montana?

Yes, you can initiate your LLC online in Montana. The filing fee for the Articles of Organization is $35. Once filed online, your LLC will be approved within 5-6 business days.

The primary benefit of an LLC is the protection of personal assets. This means if your business faces legal issues, your personal assets, such as your home, vehicles, and bank accounts, remain safe. This protection covers all LLC members, whether in a Single-Member or Multi-Member LLC. Unlike Sole Proprietorships or Partnerships, LLCs shield owners from business debts and liabilities, making LLCs a more attractive business structure. Another advantage is LLC pass-through taxation, where the LLC itself doesn’t pay federal income taxes. Instead, profits are passed to LLC members, who then report them on their personal tax returns. State income taxes follow a similar pattern, aligning with federal tax treatment. For more details, see How are LLCs taxed.

Deciding if Montana is a suitable state for your LLC depends on your location and where you conduct business. If you reside or operate in Montana, forming your LLC there is advisable. Although some websites tout benefits of forming an LLC in states with favorable tax rates, these do not apply if you don’t operate there. For instance, forming an LLC in Wyoming but living and working in Montana means you must register your Wyoming LLC in Montana, incurring extra costs and taxes with no benefits. In short, if you live and do business in Montana, it’s a good choice. Otherwise, it’s not. However, for real estate purchases outside Montana, form your LLC where the property is located. For more guidance, see Best State to Form an LLC.

The key differences among Domestic LLCs, Foreign LLCs, and PLLCs lie in their formation location and purpose. A Domestic LLC is formed in its “home state,” where the owner lives and operates. For instance, if you live and work in Montana, create your Domestic LLC there. A Foreign LLC is established in a state other than the home state, meaning it’s foreign to its original state. If you expand your Montana business to Iowa, you must register your Montana LLC as a Foreign LLC in Iowa. LLCs operate at the state level, so conducting business in multiple states requires registration in each state as either a Domestic or Foreign LLC.

A Professional Limited Liability Company (PLLC) is an LLC designed for offering “professional services.” These services require special permissions, such as licenses or certifications, to operate legally. Professionals like architects, attorneys, doctors, and veterinarians often form PLLCs. Learn more about PLLCs and their requirements in: What’s a Professional LLC? For more on Foreign and Domestic LLCs, see: Foreign LLCs by State and the Difference between Domestic LLCs and Foreign LLCs.

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