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Tax Day has come and gone, but it's not too late to file your 2018 state income tax return.April 15 was the deadline for taxpayers who owed tax. But if you didn't get around to filing, remember that everyone gets an automatic, six-month filing extension to file until Oct. 15.

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Montana Continuation Statement - Individual

Montana Continuation Statement - Individual

Name: Montana Continuation Statement - Individual
Brand: US Legal Forms
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Category:

Liens - Construction - Mechanics

State:

Montana

Control #:

MT-03-09

Format:

Instant download

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Description

Generally, if required, a Notice of Right to Claim Lien must be filed within
twenty (20) days after the date that materials and services began to be
provided. These Notices are valid for one (1) year after filing,
but may be extended an additional (1) year after the filing of a Continuation
Notice. If a Notice of Right to Claim Lien is required, an unexpired
Notice of Right to Claim Lien or Continuation Notice is necessary before
a lien may be claimed. M.C.A. § 71-3-531

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FAQ

Montana personal tax returns are due by April 15. If you cannot file by that date, you can get a state tax extension. A Montana extension will give you 6 more months to file, moving the deadline to October 15. NOTE: You do not need to file a Federal tax extension (IRS Form 4868) in order to get a Montana tax extension.

Montana Labor Department Announces Unemployment Benefits Extension. The Montana Department of Labor and Industry announced Tuesday that it has continued paying out unemployment insurance benefits through the latest federal stimulus package passed at the end of last year.

Montana Individual Income Tax Return (2020) You may use this form to file your Montana individual income tax return. This is the long form.

Tax Day has come and gone, but it's not too late to file your 2018 state income tax return.April 15 was the deadline for taxpayers who owed tax. But if you didn't get around to filing, remember that everyone gets an automatic, six-month filing extension to file until Oct. 15.

According to Montana Instructions for Form 2, you must file a Montana Individual Income tax return if your federal gross income meets the threshold and you lived or earned income in Montana during the tax year."

Montana State Income Taxes for Tax Year 2020 (January 1 - Dec. 31, 2020) can be prepared and e-Filed now along with an IRS or Federal Income Tax Return (or you can learn how to only prepare and file a MT state return). The Montana tax filing and tax payment deadline is April, 15, 2021.

When your home state has 46 (out of 56) counties with average populations of fewer than six people per square mile, every taxpayer counts! If you lived in or earned income in Big Sky Country, you'll likely need to file a Montana income tax return.

Taxpayers can e-file their returns for free on Montana Taxpayer Access Point (TAP) https://tap.dor.mt.gov/. Montana taxpayers can also e-file federal and state individual income tax returns using IRS software or an approved third-party software provider listed under Online Services at revenue.mt.gov.

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Continuation Statement - Individual

Note: This summary is not intended to be an all inclusive discussion of Montana's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can claim a lien in this State?

A person who furnishes services or materials pursuant to a real estate improvement contract may claim a construction lien to secure the payment of his contract price. M.C.A. Â§ 71-3-523.

How long does a party have to claim a lien?

A Lien Claim must be filed within ninety (90) days of the final furnishing of material or services or within ninety (90) days of the filing of a Notice of Completion by the property owner. M.C.A. Â§ 71-3-523.

What kind of notice is required prior to claiming a lien?

Some parties will be required to file a Notice of Right to Claim Lien. A Notice is NOT required by (a) a person who furnishes services or materials directly to the owner at the owner's request; (b) a wage earner or laborer who performs personal labor services for a person furnishing any service or material pursuant to a real estate improvement contract; (c) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to a dwelling for five or more families; or (d) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to an improvement that is partly or wholly commercial in character.

Generally, if required, a Notice of Right to Claim Lien must be filed within twenty (20) days after the date that materials and services began to be provided. These Notices are valid for one (1) year after filing, but may be extended an additional (1) year after the filing of a Continuation Notice. If a Notice of Right to Claim Lien is required, an unexpired Notice of Right to Claim Lien or Continuation Notice is necessary before a lien may be claimed. M.C.A. Â§ 71-3-531.

By what method is a lien filed in this State?

A Lien Notice must be filed within ninety (90) days of the final furnishing of services and materials or the filing of a Notice of Completion by the property owner. If a Notice of Right to Claim a Lien is required, the Lien Notice must declare that the Notice was served on the property owner or that a Notice is not required. Montana statutes set out the form for a Lien Notice in M.C.A. Â§ 71-3-536.

How long is a lien good for?

All actions to enforce a lien must be commenced within two (2) years from the date of the filing of the lien. M.C.A. Â§ 71-3-562.

Are liens assignable?

Montana statutes do not have a provision which states that liens may be assigned to other parties.

Does this State require or provide for a notice from contractors and subcontractors to property owners?

Yes. Montana law provides for a Notice of Right to Claim a Lien. This Notice is issued by any Lien Claimant to the property owner and serves to put the property owner on Notice that a lien may be claimed against his property. Generally, it must be filed within twenty (20) days after the first material or services are furnished. A copy of the Notice must be sent to the contracting owner by certified mail or delivered personally, and filed with the county clerk within five (5) days of service. This Notice is effective for one (1) year unless extended an additional one (1) year by a Continuation Statement. M.C.A. Â§ 71-3-531.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Montana statutes allow a property owner to file a Notice of Completion after (a) the written acceptance by the contracting owner, his agent, or representative of the building, improvement, or structure, or (b) the cessation from labor for 30 days upon any building, improvement, or structure, or the alteration, addition to, or repair thereof.

Any party that wishes to claim a lien must do so within ninety (90) days of the filing of this Notice. The Notice of Completion is required to be published once a week for three weeks in a local newspaper and an affidavit attesting to the publication must be attached to the Lien Notice to be filed. M.C.A. Â§ 71-3-533.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. Montana statutes do not provide for a Notice of Non-Responsibility as in some other States.

Is a notice attesting to the satisfaction of a lien provided for or required?

Yes. Montana statutes require a lien claimant whose lien has been satisfied to acknowledge the satisfaction of that lien or be held liable for any damages that result from the refusal to do so. M.C.A. Â§ 71-3-537.

By what method does the law of this State permit the release of a lien?

Montana statutes have no specific provision for the release of a lien, other than by payment in full or by expiration of the statute of limitations after two (2) years.

Does this State permit the use of a bond to release a lien?

Yes. Montana statutes allow a contracting owner to substitute a bond in the amount of one and one half times the amount of the lien claimed. Upon the acceptance of the bond by the county clerk, the lien against the real property shall be discharged and released. M.C.A. Â§ 71-3-551.