Terms Used In Montana Code > Title 15 > Chapter 30 > Part 31 - Tax Credit for Qualified Education Contributions

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• 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.
• Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-30-3102
• Donation: means a gift of cash. See Montana Code 15-30-3102
• Donor: The person who makes a gift.
• Eligible student: means a student who is a Montana resident and who is 5 years of age or older on or before September 10 of the year of attendance and has not yet reached 19 years of age. See Montana Code 15-30-3102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Innovative educational program: includes any of the following:

  (a)transformational learning as defined in 20-7-1602;

  (b)advanced opportunity as defined in 20-7-1503;

  (c)any program, service, instructional methodology, or adaptive equipment used to expand opportunity for a child with a disability as defined in 20-7-401;

  (d)any courses provided through work-based learning partnerships or for postsecondary credit or career certification;

  (e)technology enhancements, including but not limited to any expenditure incurred for purposes specified in 20-9-533; and

  (f)capital improvements and equipment necessary to support an innovative educational program. See Montana Code 15-30-3102

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Pass-through entity: has the meaning provided in 15-30-2101. See Montana Code 15-30-3102
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Qualified education provider: means an education provider that:

  (a)is not a public school;

  (b)(i) is accredited, has applied for accreditation, or is provisionally accredited by a state, regional, or national accreditation organization; or

  (ii)is a nonaccredited provider or tutor and has informed the child's parents or legal guardian in writing at the time of enrollment that the provider is not accredited and is not seeking accreditation;

  (c)is not a home school as referred to in 20-5-102(2)(e);

  (d)satisfies the health and safety requirements prescribed by law for private schools in this state; and

  (e)qualifies for an exemption from compulsory enrollment under 20-5-102(2)(e) and 20-5-109. See Montana Code 15-30-3102

• Small business corporation: has the meaning provided in 15-30-3301. See Montana Code 15-30-3102
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Student scholarship organization: means a charitable organization in this state that:

  (a)is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code, 26 U. See Montana Code 15-30-3102

• Taxpayer: has the meaning provided in 15-30-2101. See Montana Code 15-30-3102
• Writing: includes printing. See Montana Code 1-1-203