39-51-207. Treatment of limited liability companies. For the purposes of this chapter, a limited liability company is treated as follows:

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Terms Used In Montana Code 39-51-207

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

(1)as a sole proprietorship if it is a single-member limited liability company;

(2)as a partnership if it consists of more than a single member and it is not established as a corporation pursuant to the provisions of the Internal Revenue Code for income tax purposes; or

(3)as a corporation if it is classified as a corporation for income tax purposes pursuant to the Internal Revenue Code.