Montana Code 15-64-103. Returns — payment — recordkeeping — authority of department
15-64-103. Returns — payment — recordkeeping — authority of department. (1) Each dispensary licensed under Title 16, chapter 12, shall file a return, on a form provided by the department, and pay the tax due as provided in 15-64-102.
Terms Used In Montana Code 15-64-103
- Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-64-101
- Dispensary: means an adult-use dispensary or a medical marijuana dispensary. See Montana Code 15-64-101
- Marijuana: has the meaning provided in 16-12-102. See Montana Code 15-64-101
- Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed. See Montana Code 15-64-101
- Property: means real and personal property. See Montana Code 1-1-205
- Retail price: means the established price for which an adult-use dispensary or medical marijuana dispensary sells marijuana or a marijuana product to a purchaser before any discount or reduction. See Montana Code 15-64-101
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Writing: includes printing. See Montana Code 1-1-203
(2)Each return must be authenticated by the person filing the return or by the person’s agent authorized in writing to file the return.
(3)(a) A person required to pay to the department the taxes imposed by this part shall keep for 5 years:
(i)all receipts issued; and
(ii)an accurate record of all sales of marijuana and marijuana products, the date of sale, and the quantity, kind, and retail price of each product sold.
(b)For the purpose of determining compliance with the provisions of this part, the department is authorized to examine or cause to be examined any books, papers, records, or memoranda relevant to making a determination of the amount of tax due, whether the books, papers, records, or memoranda are the property of or in the possession of the person filing the return or another person. In determining compliance, the department may use statistical sampling and other sampling techniques consistent with generally accepted auditing standards. The department may also:
(i)require the attendance of a person having knowledge or information relevant to a return;
(ii)compel the production of books, papers, records, or memoranda by the person required to attend;
(iii)implement the provisions of 15-1-703 if the department determines that the collection of the tax is or may be jeopardized because of delay;
(iv)take testimony on matters material to the determination; and
(v)administer oaths or affirmations.
(4)Pursuant to rules established by the department, returns may be computer-generated and electronically filed.