Understanding Montana Business LLC Requirements in 2025

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🏢1. Formation Requirements

• Name: Your LLC name must be unique within Montana and include a designator such as “LLC,” “L.L.C.,” “Limited Liability Company,” “L.C.,” etc. You cannot use misleading terms (e.g. “FBI,” “bank,” etc.). You may also reserve a name for up to 120 days for a $10 fee. 

• Registered Agent: You must designate a registered agent with a physical Montana street address (no PO box). They may be a resident or a registered business in Montana. Chamber Of Commerce

• Articles of Organization: File online via the Montana Secretary of State’s ePass portal. The basic fee is $35 for domestic LLCs and $70 for foreign LLCs. Processing typically takes 5–10 business days, with expedited options available. Forbes+3Business Anywhere+3Howtostartanllc.com+3

• Operating Agreement: Not required by law, but strongly recommended. It outlines management structure (member-managed vs. manager-managed) and internal governance rules. Forbes+14LegalClarity+14Howtostartanllc.com+14

• EIN (Employer Identification Number): Required if you hire employees, elect corporate taxation, or open a business bank account. You can obtain this free from the IRS. 

📋 2. Annual Compliance

• Annual Report: Due every year by April 15. The standard fee is $20. However, Montana Secretary of State offered a 2025 fee waiver for timely filings between Jan 1 and Apr 15, 2025. Late filings may incur a higher fee or lead to administrative dissolution. LegalClarity+2Business Anywhere+2sosmt.gov+2

• Business Licenses/Permits: There is no general state license requirement. You may need occupational, municipal, or industry-specific permits depending on your business type (e.g. food, construction). Licensing is administered by relevant state or local agencies, not the Secretary of State. 

💵 3. Costs Overview

(Note: 2025 annual report fee was waived if filed by April 15, 2025) 

🧾 4. Federal Reporting: Corporate Transparency Act (CTA)

As of January 1, 2025, most Montana LLCs (including foreign LLCs doing business in Montana) must file a Beneficial Ownership Information (BOI) report with FinCEN under the Corporate Transparency Act. Owners with ≥25% interest or those with substantial control must be reported. LLCs created before 2024 had until January 1, 2025, to report; newly formed LLCs must file within 90 days of formation. Updates must be filed within 30 days of any changes. Penalties for noncompliance include daily fines and possible criminal liability.

🚀 Quick Start Checklist (2025)

1. Select a business name and verify its availability.

2. Reserve name (optional).

3. Designate a registered agent in Montana.

4. File Articles of Organization online with the Secretary of State and pay the filing fee.

5. Draft an operating agreement (recommended).

6. Obtain an EIN from IRS.

7. Submit BOI report to FinCEN within 90 days (if newly formed).

8. File your annual report by April 15 each year ($20, waived once in 2025).

9. Check if your business needs any state/local permits or licenses.

✅ Why Choose a Montana LLC in 2025?

• Low formation cost: from as little as $35 to start.

• No state-level sales tax often simplifies retail operations.

• Privacy-friendly: Montana allows nominee services for owner privacy.

• Pass-through taxation without corporate-level tax burden.

⚠️ Non-Compliance Consequences

• Missed annual report → Possible administrative dissolution.

• Late report → Higher fee and potential penalties.

• Failure to file CTA BOI report within the deadline → daily fines and potential criminal exposure.