How to Form an LLC in Montana: Steps & Cost (2026)
You form a Montana LLC by filing Articles of Organization online with the Montana Secretary of State and paying the $35 filing fee. Montana requires online filing through the Secretary of State business portal. You must appoint a Montana registered agent, and each year you file an annual report (standard fee $20) by April 15.
Quick Answer
- Form
- Articles of Organization for a Domestic Limited Liability Company
- Filing fee
- $35 (2026), to the Montana Secretary of State (online)
- Agency
- Montana Secretary of State - Business Services Division
- Registered agent
- Required - commercial or noncommercial agent with a Montana address
- Ongoing
- Annual report due April 15 (standard fee $20)
- Sales tax
- No general statewide sales tax in Montana
Montana Agency and Form: Secretary of State, Articles of Organization
A Montana LLC is created by filing Articles of Organization with the Montana Secretary of State, Business Services Division. The Articles of Organization are the legal document that brings a domestic limited liability company into existence under the Montana Limited Liability Company Act. Montana is an online-first state: the Secretary of State requires most business filings, including the Articles of Organization, to be submitted through its online ePass Montana business portal rather than by paper.
The Articles of Organization ask for the LLC's name, its principal address, the registered agent and registered office, whether the LLC is member-managed or manager-managed, the duration, and the organizer. The name must contain an LLC designator (such as "LLC," "L.L.C.," or "Limited Liability Company") and be distinguishable in the Secretary of State's records from existing entity names. This guide covers the Montana-specific process; for the national overview see how to form an LLC and the general explainer on what an LLC is.
How to Form a Montana LLC, Step by Step
Forming a Montana LLC is a five-step process centered on the Articles of Organization. Each step below corresponds to a requirement of the Montana Limited Liability Company Act or a federal tax rule.
- Choose and check your LLC name. Select a name that includes an LLC designator and is distinguishable from names already on file. Verify availability in the Secretary of State business search. If you are not ready to file, you may reserve the name for 120 days for a $10 fee. Confirm the name does not infringe a federal trademark.
- Appoint a Montana registered agent. Every Montana LLC must designate a registered agent with a physical Montana street address. Montana follows the Model Registered Agents Act, so the agent may be a commercial or noncommercial registered agent, and must consent to serve. See whether you need a registered agent.
- File the Articles of Organization. Submit the Articles online through the Secretary of State business portal and pay the $35 filing fee. Once the Secretary of State accepts the filing, your LLC legally exists. Compare the total in our Montana LLC cost breakdown.
- Adopt an operating agreement. Montana does not file or require you to submit an operating agreement, but one is strongly recommended to set ownership percentages, management structure, voting, and profit distribution. See operating agreements for what to include, especially for a single-member LLC.
- Get an EIN and register for taxes. Apply for a free federal EIN from the IRS - see how to get an EIN for an LLC - then register with the Montana Department of Revenue for any taxes that apply to your business.
After these steps, open a business bank account (banks generally ask for the filed Articles of Organization and the EIN) and keep your registered agent and annual report current every year.
Montana LLC Filing Fees (2026)
The core cost of a Montana LLC is the $35 Articles of Organization fee - one of the lowest formation fees in the country. The table below lists the state fees most new LLCs encounter, each verified against the Montana Secretary of State fee schedule. Amounts are effective for 2026 and are set by the state, not by any filing service.
| Item | Filing | Fee (2026) | Agency |
|---|---|---|---|
| Articles of Organization (create the LLC) | Online filing | $35 | Secretary of State |
| Annual report (standard fee) | Online filing | $20 | Secretary of State |
| Annual report late fee (after April 15) | Online filing | +$15 | Secretary of State |
| Name reservation (120 days) | Online filing | $10 | Secretary of State |
| Federal EIN | IRS Form SS-4 | $0 (free) | IRS |
Note: the Montana Secretary of State has waived the on-time annual report fee for report years 2024 through 2027 for filings submitted by the April 15 deadline, so many LLCs pay $0 for the report during those years. Because fee waivers and expedite fees change, confirm the current amount on the Secretary of State fee schedule before you file. See our full how much an LLC costs comparison for context.
Montana Registered Agent Requirement
A Montana registered agent is the person or entity your LLC designates to receive service of process, tax notices, and official state correspondence. The Montana Limited Liability Company Act requires every domestic LLC to designate and continuously maintain a registered agent and a registered office in Montana. You name the initial agent directly on the Articles of Organization.
Because Montana has adopted the Model Registered Agents Act, the agent may be either a noncommercial registered agent (an individual Montana resident, or the LLC itself or a manager, with a physical in-state address) or a commercial registered agent that has filed a listing with the Secretary of State. A post office box alone does not satisfy the registered office requirement. To change agents later, file a Statement of Change of Registered Agent with the Secretary of State; confirm the current fee on the fee schedule. Failing to maintain a registered agent, or missing annual reports, can lead the Secretary of State to administratively dissolve the LLC. See Montana registered agent requirements and the national registered agent overview for detail.
Montana Annual Report and Ongoing Compliance
Montana LLCs file an annual report with the Secretary of State to keep the entity in good standing. The report is due April 15 each year, and it updates the LLC's principal office, registered agent, and management information. The standard fee is $20. If you file after April 15, a $15 late fee applies, and an LLC that remains delinquent can be administratively dissolved by the Secretary of State.
For report years 2024 through 2027, the Secretary of State has waived the on-time filing fee, so an LLC that files by April 15 during those years pays nothing for the report - but the report is still required. The report is filed online through the Secretary of State business portal. Track the exact steps and deadline in our Montana annual report guide.
EIN, State Taxes, and Licenses
A federal Employer Identification Number (EIN) is issued free by the IRS and is used to open a bank account, hire employees, and file taxes. By default, the IRS treats a single-member LLC as a disregarded entity (taxed on the owner's return) and a multi-member LLC as a partnership; either can elect corporate or S-corporation treatment by filing IRS Form 2553. Most Montana LLCs need an EIN, and one is required if the LLC has more than one member or any employees.
Montana is unusual in having no general statewide sales tax, so most Montana LLCs do not register for or collect state sales tax (a limited number of resort communities levy a local option tax). Montana does impose an individual income tax, and by default LLC profits pass through to the members' Montana returns. Register with the Montana Department of Revenue for any taxes that apply, such as withholding if you have employees. Montana has no general statewide business license, but many cities, counties, and regulated professions require their own permits, so check business license requirements for your activity. Learn the basics of how to file business taxes for your LLC.
Penalties for Missing Montana Requirements
Missing Montana requirements carries real consequences. If an LLC fails to file its annual report by April 15, a $15 late fee applies, and continued failure to file leads the Secretary of State to administratively dissolve the entity. An administratively dissolved LLC loses the right to conduct business in its name and must file for reinstatement - correcting the delinquency and paying the required fees - to restore good standing.
Separately, if an LLC does not maintain a registered agent and registered office, the Secretary of State may begin the dissolution process after notice. Keeping your registered agent current and filing the annual report on time is the simplest way to avoid these outcomes and preserve the liability protection that the LLC provides.
Closing a Montana LLC
To close a Montana LLC properly, you wind up the business, settle debts and taxes, and file Articles of Dissolution (Termination) with the Secretary of State through the online portal. Simply abandoning the LLC leaves annual report obligations running and risks administrative dissolution. See how to dissolve an LLC in Montana and the national dissolution overview for the full wind-up steps.
Frequently Asked Questions
How much does it cost to start an LLC in Montana?
The state filing fee for the Articles of Organization is $35, paid online to the Montana Secretary of State. The ongoing annual report normally costs $20, and an EIN from the IRS is free. See Montana LLC cost.
What form do I file to create a Montana LLC?
You file the Articles of Organization for a domestic limited liability company with the Montana Secretary of State, submitted online through the Secretary of State business portal with the $35 fee.
Does a Montana LLC need a registered agent?
Yes. Every Montana LLC must continuously maintain a registered agent with a physical Montana address. Montana follows the Model Registered Agents Act, so the agent may be a commercial or noncommercial registered agent who has consented to serve.
When is the Montana annual report due?
April 15 each year, filed with the Secretary of State. The standard fee is $20, with a $15 late fee after the deadline. The Secretary of State has waived the on-time filing fee for report years 2024 through 2027.
Does a Montana LLC pay sales tax?
No. Montana has no general statewide sales tax, so most Montana LLCs do not collect state sales tax. Montana does levy an individual income tax, and LLC profits pass through to the members' returns by default.
Can I be my own registered agent in Montana?
Yes. You may serve as your own noncommercial registered agent if you are a Montana resident with a physical in-state address, or you can hire a commercial registered agent service.
Related
- How to form an LLC (cluster hub)
- Montana registered agent requirements
- How much does a Montana LLC cost?
- Montana annual report
- How to get an EIN
- How to dissolve an LLC in Montana
- How to form an LLC in North Dakota (sibling)
- How to form an LLC in South Dakota (sibling)
- What are Articles of Organization?
Sources
- Montana Secretary of State - Business Services (Articles of Organization, online filing requirement).
- Montana Secretary of State - Business Fee Schedule ($35 Articles of Organization; $20 annual report; $10 name reservation).
- Montana Secretary of State - ePass Montana online business filing portal.
- Montana Secretary of State - Business Help Center (annual report due date, registered agent).
- Montana Department of Revenue - Taxes & Fees (individual income tax; no general sales tax).
- Montana Department of Revenue - Taxes overview (business tax registration).
- Montana Code Annotated - Title 35, Chapter 8, Limited Liability Companies.
- Montana Code Annotated - Title 35, Chapter 7, Model Registered Agents Act.
- Montana State Legislature - Montana Code Annotated (official).
- IRS - Limited Liability Company (LLC) (federal default classification).
- IRS - Get an Employer Identification Number (free EIN).
- IRS - Single Member Limited Liability Companies (disregarded entity default).
- IRS - About Form 2553, Election by a Small Business Corporation (S-corp election).
LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. Laws, fees, and deadlines change; verify current requirements with the Montana Secretary of State and Montana Department of Revenue before acting.