The Montana NR-1 form is a crucial affidavit for individuals seeking to leverage the reciprocal income tax agreement between Montana and North Dakota, allowing them to exclude certain income earned in Montana from their state tax returns under specific conditions. This agreement aims to eliminate double taxation of personal or professional services income for residents moving between these two states. To utilize this benefit, taxpayers must meticulously complete and submit the NR-1 form alongside their Montana income tax return and necessary documentation. For guidance on filling out this form accurately, click the button below.
At the heart of the Montana NR-1 form lies a crucial bridge in fiscal policy between Montana and North Dakota, mitigating the tax obligations for residents who commute across state lines for work. Born out of a reciprocal agreement established to foster economic ease and interstate cooperation, this affidavit enables qualifying North Dakota residents to exclude from Montana adjusted gross income, compensation subjected to federal income tax withholding for services rendered within Montana. Thus, for those filing the affidavit -- be it individually or jointly in the case of married couples both earning exempt income under this provision -- a meticulous adherence to the stipulated guidelines ensures rightful exclusion. The NR-1 form, accompanied by requisite Montana W-2s and a copy of the North Dakota tax return, becomes a ticket to tax relief, provided it's submitted alongside a Montana tax return for those who've had state income tax withheld at source. Conversely, it stands alone for those lucky enough to sidestep withholding, underscoring Montana’s commitment to honor this interstate pact. Additionally, the NR-1 instructions unfurl a comprehensive map guiding residents through the process, from obtaining the necessary forms to addressing withheld Montana income taxes – a beacon for North Dakota residents navigating these fiscal waters.
MONTANA
NR-1
2008 North Dakota Reciprocal Affidavit
Rev. 10-08
Instructions on back
Last Name (if joint affidavit, use first names and
First Name and Middle Initial
Social Security Number
middle initials of both)
Spouse’s Last Name
Spouse’s First Name and Middle Initial
Spouse’s Social Security Number
Address
City
State
Zip Code
1.Enter the taxable year for which this affidavit is being submitted ______________________
2.Enter the amount of income that you received for personal or professional services rendered within Montana for which you claim exemption. $ ________________
3.
Was Montana income tax withheld on the income reported on line 2?
yes ____
no ____
4.
Was federal income tax withheld on the income reported on line 2?
5.Enter the name and address of the employer(s) from whom you received the income reported on line 2. If you need additional space, use the reverse side of this form.
Name
6.
Was North Dakota your state of legal residence during the entire taxable year for which this affidavit is being submitted?
yes ___
7.
Are you filing a North Dakota individual income tax return reporting the income entered on line 2 above?
If yes, submit a copy of the North Dakota tax return with your Montana tax return.
8.
Were you ever a Montana resident?
If yes, enter the last year you were a Montana resident ______________
I swear that the above information is true and correct to the best of my knowledge and is submitted in good faith.
__________________________________
____________
_________________________________
___________
Your Signature is required
Date
Spouse’s Signature
(if filing a joint affidavit, both must sign)
When you file your Montana income tax return electronically, you represent that you have retained all documents required as a tax record and that you will provide a copy to the department upon request.
129
Form NR-1 Instructions
General. Pursuant to statutory authority, Montana and North Dakota have entered into a reciprocal income tax agreement whereby neither state will tax residents of the other state on certain income from personal services. Effective with taxable years beginning on and after January 1, 1975, compensation which is subjected to withholding of federal income tax and is received for personal or professional services rendered within Montana by an individual who is a North Dakota resident is excluded from Montana adjusted gross income to the extent the income is reported on the individual’s North Dakota individual income tax return. In order to claim this exclusion you must file Affidavit Form NR-1.
This form, Montana W-2’s and a copy of your North Dakota tax return must be submitted with your Montana tax return.
Joint Affidavit. If both husband and wife have income which is exempt under the Montana - North Dakota Reciprocity Agreement, they may file a joint affidavit on Form NR-1.
Montana Income Tax Withheld. If Montana income tax has been withheld by your employer, you must file a Montana individual income tax return (Form 2), even
though your income is exempt under the reciprocity agreement. In such case, Affidavit Form NR-1, Montana wage and tax statements and a copy of your North Dakota income tax return must be attached to your Montana tax return. Also, you may want to file Form NR-2 (Employee’s Certificate of North Dakota Residence) with your employer to stop withholding of Montana Income Tax on such exempt income.
Montana Income Tax Not Withheld. If Montana income tax was not withheld by your employer and all of your Montana income is excludible under the reciprocity agreement, you do not have to file a Montana income tax return (Form 2). In this case, you need file only Affidavit Form NR-1.
How to Obtain Forms. Call (406) 444-6900 or mail requests to the Montana Department of Revenue, P.O. Box 5805, Helena, MT 59604-5805. In addition you may download our forms and instructions at
mt.gov/revenue/.
If you have questions, please call us toll free at (866) 859-2254 (in Helena, 444-6900). *
Filling out the Montana NR-1 form is a crucial step for residents of North Dakota who have earned income in Montana and seek to benefit from the reciprocal income tax agreement between Montana and North Dakota. This guide will simplify the process, ensuring you understand every step needed to accurately complete the form. After filling it out, submitting this form alongside your Montana income tax return and North Dakota tax return is essential if Montana income tax was withheld. On the other hand, if Montana income tax was not withheld, you only need to submit this affidavit form.
Once the form is filled out, double-check the information for accuracy to avoid any errors. Remember, this form must accompany your Montana income tax return if Montana income taxes were withheld, along with your North Dakota tax return to validate your claim. In cases where Montana income was not subject to state withholding and is fully exempt under the reciprocity agreement, filing this affidavit is all that's required from you. Taking the time to correctly complete and submit the Montana NR-1 form solidifies your adherence to both states' tax laws and ensures that your tax responsibilities are met.
The Montana NR-1 Form is an affidavit used by residents of North Dakota who earn income in Montana for personal or professional services. This form allows them to claim an exemption from Montana state income tax on this income, thanks to a reciprocal agreement between Montana and North Dakota. It's necessary for those who qualify to file this form alongside their Montana tax return and a copy of their North Dakota tax return, if applicable.
Individuals who are legal residents of North Dakota and received income for personal or professional services rendered in Montana, and for which they seek a tax exemption under the reciprocal agreement between Montana and North Dakota, need to fill out this form. If both spouses have income exempt under the agreement, they can file a joint affidavit.
The reciprocal income tax agreement between Montana and North Dakota allows residents of one state who earn income in the other state from personal or professional services to only pay income taxes in their state of residence, avoiding double taxation. This agreement has been in effect for taxable years beginning on and after January 1, 1975.
To claim the exemption under the reciprocal agreement, eligible individuals must file the Montana NR-1 form with their Montana income tax return and attach a copy of their North Dakota tax return. It’s essential to accurately report the income exempted by the agreement on both state tax returns.
Yes, if Montana income tax was withheld from your wages, you must file a Montana individual income tax return (Form 2), even if your income is exempt under the reciprocity agreement. Attach the NR-1 Form, your Montana wage and tax statements, and a copy of your North Dakota tax return to complete the filing process.
If Montana income tax was not withheld from your earnings and your income is fully excludable under the reciprocity agreement, you are not required to file a Montana income tax return (Form 2). Filing the NR-1 Form is sufficient in this scenario.
Yes, you and your spouse can file a joint NR-1 Form if both of you have income that is exempt under the Montana-North Dakota Reciprocity Agreement. Be sure to include the first names and middle initials of both spouses on the affidavit.
The NR-1 Form requires your full name, social security number, address, and details about your exempt income, including the amount, the employer's name and address, and whether state or federal tax was withheld. Additionally, it asks about your residency status concerning Montana and North Dakota and includes a section for your signature to certify the information is accurate and true.
Forms can be requested by calling the Montana Department of Revenue or by mailing requests to their office. Additionally, forms and instructions are available for download on the Montana Department of Revenue website.
If you have questions about the NR-1 Form or need assistance, you can call the Montana Department of Revenue toll-free for guidance. Representatives are available to help ensure you file the form accurately and comply with the reciprocal agreement's requirements.
When filling out the Montana NR-1 form, it's crucial to approach with care and attention to detail to ensure accuracy and compliance. However, individuals often encounter common mistakes which can potentially lead to processing delays or issues with their claims. Understanding these pitfalls is the first step to completing the form correctly.
Incorrect or incomplete personal information: One of the most frequent mistakes includes not properly filling in the full names, social security numbers, and addresses of both the individual and the spouse (if filing jointly). Each section needs to be completed accurately to match official records.
Not specifying the taxable year: Failing to enter the taxable year for which the affidavit is being submitted can lead to misunderstandings about the applicable tax period. This detail is crucial for processing the affidavit in the right context.
Omitting income details or inaccurately reporting them: Another common error is not entering the correct amount of income received for personal or professional services rendered within Montana, or forgetting to mention it altogether. This amount is essential for determining the claim for exemption.
Inadequately documenting North Dakota residence and income tax filing: Many forget to supply proof of their North Dakota residency for the entire taxable year or neglect to attach a copy of their North Dakota tax return when required. This documentation is vital for validating the exemption claim under the Montana-North Dakota Reciprocity Agreement.
Beyond these mistakes, here are additional aspects to keep in mind:
Ensuring that all relevant questions regarding Montana income tax and federal income tax withheld are correctly answered. Affirmative or negative responses must accurately reflect the individual's situation.
Correctly indicating past Montana residency. If there was ever a period of Montana residency, failing to denote the last year of such residency can complicate the affidavit's processing.
Signatures: A commonly overlooked requirement is obtaining the necessary signatures from both the individual and the spouse (for joint affidavits). Without these signatures, the document is considered incomplete.
Maintenance of records: Even if filing electronically, the form explicitly states the need to retain all documents required as a tax record. Failure to keep these records can lead to challenges in verifying the affidavit's claims if requested by the department.
By avoiding these common mistakes and adhering closely to the instructions provided, individuals can streamline the process of claiming their income exemption under the Montana-North Dakota Reciprocity Agreement, ensuring a smoother interaction with tax authorities.
Completing the Montana NR-1 form for fiscal matters related to the reciprocity tax agreement between Montana and North Dakota represents a critical step for qualifying residents to ensure tax compliance and benefit from the reciprocal income tax agreement. However, this form is often part of a package of documents needed to fully address tax obligations or claims. Understanding these additional forms and documents will simplify the process and ensure that all necessary information is correctly provided to the relevant tax authorities.
Each of these documents plays a unique role in ensuring that individuals can take full advantage of the tax benefits offered by the Montana-North Dakota reciprocal income tax agreement, while also maintaining compliance with all state and federal tax laws. Proper completion and submission of these forms and documents support a smooth, efficient tax filing process, saving time and potentially reducing tax liabilities. Remember, when in doubt about your tax situation, consulting with a tax professional can provide personalized advice and guidance tailored to your specific circumstances.
The Montana NR-1 form shares similarities with the W-4 form, particularly in the aspect of addressing tax withholdings. The W-4, or Employee's Withholding Certificate, is completed by employees to indicate their tax situation to their employer, ensuring that the correct federal income tax is withheld from their pay. Similarly, the NR-1 form deals with tax withholdings by helping to ensure that Montana income tax is not erroneously withheld from North Dakota residents who are exempt under the reciprocity agreement. Both forms serve to accurately guide the withholding of taxes, thereby preventing either underpayment or overpayment of taxes.
Another document that resembles the Montana NR-1 form is the W-2 form, the Wage and Tax Statement. The W-2 is issued by employers to both the employee and the IRS at the end of the year, detailing the amount of wages paid and taxes withheld for the year. While the NR-1 form is used to assert the taxpayer’s claim for exemption from Montana state income tax for certain income, it requires the attachment of W-2 forms as part of its submission process. This establishes a direct connection where the information on the W-2 forms supports the assertions made in the NR-1 form.
Similar to the NR-1 form, the 1040 form, the U.S. Individual Income Tax Return, is a primary document for individuals to report their income to the IRS and calculate their tax liability. While the 1040 form covers federal income tax, the NR-1 form involves state income tax between Montana and North Dakota under a specific agreement. Both forms require detailed income information from the taxpayer and play a crucial role in the tax filing process, albeit at different governmental levels.
The NR-2 form, or Employee's Certificate of North Dakota Residence, complements the Montana NR-1 form by serving as a mechanism for North Dakota residents to certify their residency status to avoid Montana state income tax withholding. In essence, the NR-2 form is proactive, preventing withholding at the source, whereas the NR-1 form is reactive, offering a remedy for taxes that were withheld or asserting the right not to have taxes withheld. Together, they address both sides of the tax withholding issue for cross-border income.
The Schedule C (Form 1040), Profit or Loss from Business, is akin to the Montana NR-1 form in that both involve the declaration of income. However, Schedule C pertains to business income and expenses, determining the net profit or loss from business activities for federal tax purposes. The NR-1 form, conversely, deals with personal or professional services income exempt under the Montana-North Dakota agreement. Both forms are integral in accurately reporting income types relevant to their respective tax calculations.
Similar to the NR-1 form, Form 8822, Change of Address, is about providing updated information to the relevant tax authorities, albeit for different purposes. Form 8822 is used to notify the IRS of a change in address to ensure that taxpayers receive timely tax-related correspondence. In contrast, the NR-1 form communicates specific tax status information (regarding reciprocity and income exemption between Montana and North Dakota) but also requires updated personal information for accurate tax administration.
The Dependents' Request for Transfer of Educational Credits (Form 8332), like the NR-1 form, revolves around specific tax benefits, though in different contexts. Form 8332 allows one parent to transfer the right to claim a child's educational tax credits to the other parent, affecting the calculation of taxable income. The NR-1 form similarly involves an agreement—between two states—that affects how income is taxed (or not taxed), focusing on the reciprocity of tax treatment rather than the transfer of credits.
Form 1099-MISC, Miscellaneous Income, is related to the NR-1 form as both deal with reporting income that falls outside of regular wages or salaries. The 1099-MISC form is used to report payments made to independent contractors, rents, and other sources of income, providing documentation necessary for tax reporting purposes. For individuals submitting the NR-1 form, a 1099-MISC could potentially document the type of income that is exempt under the reciprocity agreement, similar to a W-2 for wages.
The Application for Automatic Extension of Time To File U.S. Individual Income Tax Return (Form 4868) is like the Montana NR-1 form in the sense that both involve the tax filing process, albeit in different capacities. Form 4868 provides taxpayers with additional time to file their federal tax returns without penalty, addressing timing issues. The NR-1 form contributes to the correctness of the tax filing, particularly regarding state income tax obligations for cross-border earners, ensuring that exemptions are properly claimed within the required timeframe.
Lastly, the Taxpayer Identification Number and Certification (Form W-9) has similarities with the Montana NR-1 form, as both require the taxpayer's identification numbers and serve as official requests between parties. While Form W-9 is often used in transactions requiring tax reporting without immediate tax withholding (e.g., for independent contractors), the NR-1 form specifies a taxpayer's claim related to the tax treatment of income earned across state lines. In each case, accurate taxpayer identification ensures proper tax account identification and compliance.
When filling out the Montana NR-1 form, it's crucial to ensure accuracy and compliance with the reciprocal agreement between Montana and North Dakota. Here are some essential dos and don'ts to guide you through the process:
It's also highly recommended to keep copies of all documents and forms submitted for your records. This can be crucial if the Montana Department of Revenue requires additional information or verification of your filing. Following these guidelines will help streamline the process and ensure your Montana NR-1 form is filled out correctly and efficiently.
Understanding the Montana NR-1 Form may initially seem straightforward, but misconceptions can complicate its use and purpose. It's essential to clarify these misunderstandings to ensure compliant and efficient tax filing for those affected. Below are ten common misconceptions about the Montana NR-1 form and their explanations.
Correcting these misconceptions ensures that eligible North Dakota residents can effectively navigate their tax obligations in Montana. Familiarity with the specifics of the Montana NR-1 form eases the process of claiming the correct exemptions and submitting the necessary documentation accurately and timely.
Filling out and using the Montana NR-1 form is a necessary process for certain North Dakota residents who earn income in Montana. This form facilitates the reciprocity agreement between Montana and North Dakota, impacting how income is reported and taxed. Here are seven key takeaways about the Montana NR-1 form:
Understanding these key points ensures that North Dakota residents working in Montana can accurately file their taxes while taking advantage of the reciprocal tax agreement between the two states.
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