How to start an LLC in Montana

Last verified

A Montana LLC costs $35 to file. You file Articles of Organization with the Montana Secretary of State's Business Services Division, online only, through the filing portal at biz.sosmt.gov. There's no newspaper publication step and no annual LLC tax on the state's fee schedule. The one recurring state filing is the annual report, due between January 1 and April 15 every year starting the year after you form. The Secretary of State has waived its fee for reports filed on time in 2026 and 2027; a late report costs $35. Before you file, decide what address you'll use: your Articles list the names and mailing addresses of your members or managers, and Montana makes everything on the filing public.

Best next step

For most founders, start with the Montana filing itself

If you live and operate in Montana, the safest move is to file in Montana directly. Compare LLC services only if you want help with privacy, document handling, or someone to do the filing for you.

Safest default
File directly with Montana Secretary of State, Business Services Division if you live and operate in Montana.
Cheaper viable option
Handle the filing yourself if you're comfortable managing the registered agent role and the state paperwork.
Avoid overpaying
Don't buy bundled extras until you confirm the filing fee, the annual schedule, and whether a service actually solves a problem for you.
Filing fee
$35 online
Montana accepts new LLC filings online only, through biz.sosmt.gov, by card or e-check. A series LLC adds $50 for each series named.
Processing time
Within 10 working days
Standard estimate. Expedited available.
Annual report
Between January 1 and April 15 each year, starting the year after you form
The fee is waived for reports filed January 1 to April 15 in 2026 and 2027. Reports filed after April 15 cost $35. A Montana LLC that still hasn't filed by December 1 can be involuntarily dissolved.
Publication
None
No newspaper requirement

Official Montana resources

Primary filing source

Start here

Montana Business Services home (Secretary of State)

Open this first. It's the official source for the filing itself.

sosmt.gov

Open

How to form an LLC in Montana

Forming, registering, filing, or applying for an LLC in Montana: it's all the same process, and these are the steps in the order you'll do them.

Before you file

What you'll need

To form a Montana LLC, you will need an available name ending in LLC, L.L.C., Limited Liability Company, or another accepted designator, a registered agent (a listed commercial agent, or a noncommercial agent with a Montana street address or rural route box), a principal office mailing address, the names and business mailing addresses of your members (or managers, if manager-managed), a biz.sosmt.gov account, and $35 by card or e-check.

  1. Step 1 of 8: Pick an available Montana LLC name

    Search the business records on biz.sosmt.gov. Montana law requires the name to include "limited liability company," "limited company," or an abbreviation such as LLC, L.L.C., L.C., or LC, and to be distinguishable from every name already registered or reserved. The Secretary of State says small differences like punctuation or a different suffix do not make two names distinct. Reserving a name costs $10 and holds it for 120 days, and the reservation can't be renewed. You don't need it if you are ready to file the Articles now.

  2. Step 2 of 8: Choose a registered agent

    Every Montana LLC needs a registered agent. Montana has two kinds. A commercial registered agent is a company listed with the Secretary of State; you just enter its name. A noncommercial registered agent is usually you or someone you know, and the filing must give an actual Montana street address or rural route box, plus a Montana mailing address if different. A PO box alone doesn't qualify, and the agent needs to be available during business hours. You can serve as your own agent for free, but that address becomes public. Changing your agent later is free.

    Montana registered agent rules and costs
  3. Step 3 of 8: File Articles of Organization online for $35

    Create an account on biz.sosmt.gov, open Forms, and choose "Articles of Organization for Domestic Limited Liability Company." You will enter the name, whether the LLC has a set term (most choose at-will), the principal office mailing address, the registered agent, and whether the LLC is member-managed or manager-managed. Then list the names and business mailing addresses of the initial members, or of the managers if manager-managed. That list is public, so use a business mailing address you are comfortable publishing. Pay $35 by card or e-check. Montana no longer accepts paper filings.

  4. Step 4 of 8: Wait for approval, or pay to expedite

    The Secretary of State says it processes business documents within 10 working days. If you need the LLC sooner, 24-hour priority handling is an extra $20 and 1-hour handling is an extra $100. The $20 option is cheap enough to be worth it if a bank appointment or contract is waiting on your approval. Otherwise, don't pay. When the filing is approved, you get an email, and the filed Articles appear in your portal account.

  5. Step 5 of 8: Get a free EIN from the IRS

    Once the LLC is approved, apply for an EIN directly on IRS.gov. It is free and usually issued right away online. Banks ask for it, and it keeps your Social Security number off client W-9s. Don't pay a third party for it.

  6. Step 6 of 8: Write an operating agreement and open a business bank account

    Montana doesn't require you to file an operating agreement with the state. The Secretary of State still recommends having one: it sets ownership, decision-making, and what happens if a member leaves, and banks often ask for it. Write a short one, keep it with your records, and open a separate business bank account so the LLC's money stays separate from yours.

  7. Step 7 of 8: Check local licenses and your trade's state license

    Montana has no general state business license. Cities and counties handle business licensing, so check with yours. Licensed trades and professions (contractors, cosmetologists, nurses, real estate agents, and many more) get their licenses from the Department of Labor & Industry. Retail food, beer and wine, tobacco, and a few other activities use the Department of Revenue's eStop system. If you do contract work at clients' locations, apply for an Independent Contractor Exemption Certificate ($125, valid two years) unless you carry your own workers' comp policy.

  8. Step 8 of 8: Calendar the annual report (January 1 to April 15)

    Every Montana LLC files an annual report between January 1 and April 15, starting the calendar year after it forms. Form in June 2026, and your first report is due by April 15, 2027. The fee is waived for on-time reports in 2026 and 2027; after April 15 it costs $35. If nothing has changed, you can file a "no change" report on biz.sosmt.gov in a few minutes. Ignore letters and emails that ask you to pay a company to file it. The Secretary of State says they are not from its office.

How much a Montana LLC costs

What you'll pay the state if you file it yourself and serve as your own registered agent. The cost page has every fee, the optional add-ons, and when each payment is due.

To form
$35
Year one total
$35
Articles of Organization online; no annual report in year one
Every year after
$0
On-time annual report, fee waived through 2027; $35 if late
Full Montana LLC cost breakdown

Montana LLC annual report: deadline, fee, and what happens if you miss it

Montana has one recurring state filing for LLCs: an annual report due between January 1 and April 15 every year, starting the year after you form. It updates your mailing address, registered agent, and members or managers. The Secretary of State has waived the fee for on-time reports in 2026 and 2027. A late report costs $35.

First report
Due between January 1 and April 15 of the year after the year you formed. An LLC formed any time in 2026 files its first report in early 2027.
Fee
$0 if filed January 1 to April 15 in 2026 or 2027, under the Secretary of State's fee waiver. $35 if filed after April 15. The waiver is a decision by the current Secretary of State, so check the fee page before you file in 2028.
How to file
Search for your LLC on biz.sosmt.gov, open the record, and click File Annual Report. If nothing changed, you can file a "no change" report without logging in. To update information, log in first.
If you miss it
The Secretary of State's help center sets the cutoff by entity type: a domestic (Montana) LLC must file its late report by December 1 to avoid involuntary dissolution, and a foreign LLC registered in Montana by November 1. The statute allows dissolution once a report is 140 days late, so treat April 15 as the real deadline and December 1 as the last chance.
Reinstatement
Available for 5 years after dissolution. File every missing annual report ($35 each), then the Reinstatement Application ($35). Most LLCs also need a Title 15 tax certificate from the Department of Revenue; a single-member LLC not taxed as a corporation does not.
Professional LLCs
A PLLC also files an annual statement of qualification with each licensing board that oversees its profession before April 15. That is separate from the Secretary of State report.

You don't need a compliance service for this. The report asks for information you already know, and through 2027 it costs nothing if you file on time. The Secretary of State warns about letters and emails that look official and ask for payment to file your annual report, including one quoting a $51 fee. Those are not from the state. File directly on biz.sosmt.gov.

What a Montana LLC puts on the public record

Montana doesn't offer an anonymous LLC. The Secretary of State says all information on a business filing, including the names and addresses of the entity's principals, is available on its website or on request. What you can control is which addresses appear.

Members or managers
The Articles and every annual report list the names and business mailing addresses of the members (member-managed) or managers (manager-managed).
Registered agent
A commercial agent's name goes on the record and its address is on file with the state. A noncommercial agent, including you, lists a Montana street address or rural route box.
Principal office
Montana asks for the business mailing address of the principal office, wherever it is located. It does not have to be in Montana.

If you work from home, the practical fix is a commercial registered agent plus a business mailing address that is not your house. Your name will still appear as a member or manager.

Compare registered agent options: Northwest vs Bizee

Independent Contractor Exemption Certificate: the Montana step freelancers miss

Montana requires a person who regularly works away from their own fixed business location to carry either an Independent Contractor Exemption Certificate (ICEC) or their own workers' compensation coverage. Forming an LLC doesn't take care of this. If you're a handyman, photographer, or consultant working at clients' sites, it probably applies to you.

Who needs it
People who regularly perform services somewhere other than their own fixed business location, are free from the client's control, and run an independently established business. Someone working out of their own shop or office, like a main-street business owner, generally doesn't need one.
LLC owners
A working member of a member-managed LLC can apply. Managers of a non-construction manager-managed LLC may apply but are not required to.
Cost and term
$125, nonrefundable, valid for two years. Renewal also costs $125 and opens 60 days before expiration.
How to apply
Online through the Department of Labor & Industry. There's no test. You submit documents showing an established business, such as your Secretary of State registration, a business bank account, a local business license, or advertising.
Penalty
Up to $5,000 per violation for working without an ICEC or workers' compensation coverage.
Construction
Construction businesses with employees, and manager-managed construction LLCs, also deal with the Department of Labor & Industry's construction contractor program. Check its requirements before you bid on work.

Form the LLC first. Your filed Articles count toward the business documentation the ICEC application asks for, and the application asks for the business structure exactly as it appears in Secretary of State records.

Montana LLCs for vehicles and RVs: what non-residents should know

Some people outside Montana form a Montana LLC to register a car, RV, or boat because Montana has no sales tax. Montana's rules only decide what Montana charges. Your home state's tax and registration laws still apply to you, and your home state may treat this setup as tax evasion and come after back taxes and penalties.

What Montana allows
Montana has no general sales tax. A Montana LLC can own a vehicle, and Montana law lets a non-resident with an interest in Montana real property register a vehicle in the county where that property is located. Vehicle titles and registrations go through the Motor Vehicle Division and county treasurers, not the Secretary of State.
High-value vehicles
Montana adds $825 a year to the registration fee for a light vehicle with an MSRP over $150,000 that is 10 years old or less, and $800 a year for a motor home with an MSRP over $300,000 that is 10 years old or less.
What Montana does not decide
Whether you owe sales tax, use tax, or registration fees in the state where you live and keep the vehicle. That is your home state's call, under your home state's rules.

This guide is for people who live and work in Montana. If you live somewhere else and the vehicle lives with you, check your own state's revenue department and DMV before you buy a Montana LLC for this. A $35 filing doesn't protect you from a tax bill in the state where you actually drive.

Montana tax and compliance notes

This is where Montana gets less simple than the filing itself. The state-specific issues that generic LLC guides usually skip.

Montana taxes LLC profit on your personal return. For tax year 2026, the rate is 4.7% on taxable income up to $47,500 for single filers ($95,000 married filing jointly, $71,250 head of household) and 5.65% above that. For 2027, HB 337 widens the 4.7% bracket to $65,000 single ($130,000 joint, $97,500 head of household) and cuts the top rate to 5.4%.

Montana has no general sales tax, so most new LLCs have no sales tax account to open. If you sell online into states that tax remote sellers, those states can still require you to collect their sales tax.

The Secretary of State's fee schedule has no annual LLC tax or franchise tax. The only recurring state filing is the annual report, and its fee is waived for reports filed January 1 to April 15 in 2026 and 2027.

If you do contract work at clients' locations, Montana law expects you to carry an Independent Contractor Exemption Certificate ($125, valid two years) or your own workers' compensation coverage. The Department of Labor & Industry can fine up to $5,000 per violation for working without one.

Domestic Montana LLCs are exempt from FinCEN BOI reporting. FinCEN made that exemption permanent in a final rule effective August 14, 2026. The federal rule has changed before, so recheck FinCEN before relying on this.

Montana vs other LLC states

The simple comparison most founders actually want. Watch the ongoing state cost column. That's where states with cheap filing fees can still get expensive.

State Annual report Upfront cost Ongoing state cost
Montana This page
Due January 1 to April 15; $0 on time in 2026-2027, $35 late $35 $0/yr if filed on time (fee waived through 2027)
Idaho
Due by the end of your anniversary month $100 online / $120 paper Annual report each year
North Dakota
$50/yr, due November 15 $135 $50/yr
South Dakota
$55/yr online $150 online / $165 paper $55/yr
$60 minimum, due 1st day of anniversary month $100 $60+/yr
No annual report; $400 annual LLC tax due June 1 $110 $400/yr

Montana LLC pros and cons

Quick tradeoffs. Where Montana helps, where it adds friction, and what to watch before you file.

What works

  • The state filing is $35, and the only recurring state filing, the annual report, is free if filed on time in 2026 and 2027.
  • No general sales tax, no publication requirement, and no annual LLC tax on the state fee schedule.
  • Filing is entirely online, with cheap rush options: $20 for 24-hour handling.
  • You can be your own registered agent for free if you have a Montana street address and don't mind it on the public record.

Watch out for

  • Member or manager names and mailing addresses go on the public record, so there is no anonymous Montana LLC.
  • The April 15 annual report deadline is the same for every LLC, which makes the first one easy to forget.
  • The $0 annual report fee is a waiver set by the current Secretary of State through 2027, not a permanent rule.
  • Freelancers who work at clients' locations need a $125 Independent Contractor Exemption Certificate or their own workers' comp, which forming the LLC doesn't handle.
  • Montana has no mail or in-person option, so you need an account on the online portal to file.

Other state guides

If Montana isn't the right fit, these guides cover the other states most first-time founders compare it against.

Growing past a basic LLC?

Check the S-corp math after your Montana LLC is profitable.

Once net income is consistently around $60K or more, S-corp treatment may reduce self-employment tax. The savings only count after payroll, accounting, and state costs.

Run S-corp calculator

FAQ

The questions people ask right before they decide to file on their own or pay a service.

How much does it cost to start an LLC in Montana?

The state filing fee is $35. After that, the annual report is free if you file it between January 1 and April 15 in 2026 or 2027, and $35 if you file late. A commercial registered agent typically adds $50 to $150 a year, and some cities and counties charge for a local business license.

What is the Montana LLC filing fee?

The Articles of Organization cost $35, filed online through biz.sosmt.gov. A series LLC adds $50 for each series named. Expedited handling is extra: $20 for 24-hour priority or $100 for 1-hour handling.

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

The Secretary of State says it processes business documents within 10 working days. Pay $20 extra for 24-hour priority handling or $100 extra for 1-hour handling if you need it faster.

How do I register an LLC in Montana online?

Create an account at biz.sosmt.gov, open Forms, and choose Articles of Organization for Domestic Limited Liability Company. Enter the name, principal office mailing address, registered agent, management type, and the names and addresses of your members or managers, then pay $35 by card or e-check. Montana only accepts filings online. You get an email when the filing is approved, and the documents appear in your account.

What is the formation document called in Montana?

Articles of Organization. In the online portal, the form is "Articles of Organization for Domestic Limited Liability Company."

Does Montana require a registered agent?

Yes. Every Montana LLC needs one. It can be a commercial registered agent listed with the Secretary of State or a noncommercial agent, such as you. A noncommercial agent must give an actual Montana street address or rural route box, not just a PO box, and should be available during business hours. Failing to keep an agent for 60 days is grounds for involuntary dissolution.

Can I be my own registered agent in Montana?

Yes, if you have a Montana street address or rural route box and are there during business hours to accept legal papers. That address goes on the public record. The Secretary of State suggests a commercial agent if your business has no physical presence in Montana or you have privacy concerns about your address.

Does Montana require an operating agreement?

No. Montana doesn't require you to file one with the state. The Secretary of State still highly recommends having one as an internal document, because it sets member roles, decision-making, and profit distribution, and banks often ask for it.

When is the Montana LLC annual report due, and how much is it?

Between January 1 and April 15 every year, starting the calendar year after you form. The Secretary of State has waived the fee for on-time reports in 2026 and 2027. Reports filed after April 15 cost $35.

What happens if I miss the Montana annual report?

A late report costs $35. If a Montana LLC still hasn't filed by December 1, the Secretary of State can involuntarily dissolve it (foreign LLCs registered in Montana have until November 1). Reinstatement is available for 5 years: you file every missing report ($35 each) plus a $35 reinstatement application, and most LLCs also need a tax certificate from the Department of Revenue.

Does Montana require newspaper publication for an LLC?

No. Montana's Articles of Organization statute has no publication step, so there's no newspaper notice cost.

Do I need a business license for my Montana LLC?

Montana has no general state business license. Cities and counties handle business licensing, so check with yours. Licensed trades and professions get their licenses from the Department of Labor & Industry, and a few activities like retail food or beer and wine sales use the Department of Revenue's eStop system.

How is a Montana LLC taxed?

By default, profit passes through to the owners and is taxed on their personal returns. For 2026, Montana taxes taxable income at 4.7% up to $47,500 for single filers ($95,000 married filing jointly) and 5.65% above. In 2027, the top rate drops to 5.4% and the 4.7% bracket widens to $65,000 single ($130,000 joint). You also owe federal self-employment tax on your profit.

Does Montana have sales tax?

No. Montana has no general sales tax, so most Montana LLCs don't collect one. If you sell online to buyers in states that require remote sellers to collect, you may have to collect those states' sales tax.

Do I need an Independent Contractor Exemption Certificate in Montana?

If you regularly work at clients' locations instead of your own shop or office, Montana expects you to have either an ICEC or your own workers' compensation coverage. The certificate costs $125 and lasts two years, and a working member of a member-managed LLC can apply. Working without either can bring fines of up to $5,000 per violation.

Can I form a Montana LLC if I don't live in Montana?

Yes. Montana doesn't require members to live in the state. You do need a registered agent, and a noncommercial agent needs a Montana street address, so out-of-state owners normally hire a commercial agent. If you'll run the business from your home state, that state will usually require the LLC to register there too.

Can I use a Montana LLC to register a car or RV and avoid sales tax?

Montana has no sales tax, and a Montana LLC can own a vehicle. That only settles what Montana charges. If you live in another state and keep the vehicle there, your home state's sales, use, and registration laws still apply to you, and your state may treat a Montana LLC registration as tax evasion and pursue back taxes and penalties. Check with your own state's revenue department before you try it.

Is a Montana LLC anonymous?

No. The Articles and each annual report list the names and business mailing addresses of your members or managers, and the Secretary of State makes filing information public. You can keep your home address off the record by using a commercial registered agent and a business mailing address that is not your home.

Do Montana LLCs need to file a BOI report?

No. Domestic U.S. companies, including Montana LLCs, are exempt from FinCEN BOI reporting, and FinCEN made that exemption permanent in a final rule effective August 14, 2026. The federal rule has changed before, so recheck FinCEN before relying on an old checklist.