15-30-2117. (Temporary) Military salary, veterans' bonus, or death benefit -- exemptions. (1) All payments made under the World War I bonus law, the Korean bonus law, and the veterans' bonus law are exempt from taxation under this chapter. Any income tax that has been or may be paid on income received from the World War I bonus law, Korean bonus law, and the veterans' bonus law is considered an overpayment and must be refunded upon the filing of an amended return and a verified claim for refund on forms prescribed by the department in the same manner as other income tax refund claims are paid.
(2) (a) The salary received from the armed forces by residents of Montana who are serving on active duty in the regular armed forces and who entered into active duty from Montana is exempt from state income tax.
(b) (i) The salary received by residents of Montana for active duty in the national guard is exempt from state income tax.
(ii) For the purposes of this subsection (2)(b), "active duty" means duty performed under an order issued to a national guard member pursuant to:
(A) Title 10, U.S.C.; or
(B) Title 32, U.S.C., for a homeland defense activity, as defined in 32 U.S.C. 901, or a contingency operation, as defined in 10 U.S.C. 101, and the person was a member of a unit engaged in a homeland defense activity or contingency operation.
(3) The amount received pursuant to 10-1-1114 or from the federal government by a service member, as defined in 10-1-1112, as reimbursement for group life insurance premiums paid is considered to be a bonus and is exempt from taxation under this chapter.
(4) The amount received by a beneficiary pursuant to 10-1-1201 is exempt from taxation under this chapter. (Repealed effective January 1, 2024--secs. 65, 70(1), Ch. 503, L. 2021.)
History: (1)En. Sec. 1, Ch. 43, L. 1953; amd. Sec. 1, Ch. 227, L. 1957; amd. Sec. 1, Ch. 4, L. 1965; amd. Sec. 169, Ch. 516, L. 1973; Sec. 84-4907.1, R.C.M. 1947; (2)En. Sec. 1, Ch. 326, L. 1975; Sec. 84-4907.2, R.C.M. 1947; R.C.M. 1947, 84-4907.1, 84-4907.2; amd. Sec. 5, Ch. 604, L. 2005; amd. Sec. 2, Ch. 308, L. 2007; amd. Sec. 5, Ch. 373, L. 2007; Sec. 15-30-116, MCA 2007; redes. 15-30-2117 by Sec. 1, Ch. 147, L. 2009; amd. Sec. 1, Ch. 434, L. 2015.
Structure Montana Code Annotated
Chapter 30. Individual Income Tax
Part 21. Rate and General Provisions
15-30-2102. Construction of net income
15-30-2104. Tax on nonresident
15-30-2105. Tax on lump-sum distributions
15-30-2106. through 15-30-2109 reserved
15-30-2110. Adjusted gross income
15-30-2111. Nonresident and temporary resident taxpayers -- adjusted gross income
15-30-2112. Change from nonresident to resident or vice versa
15-30-2113. Determination of marital status
15-30-2114. Exemptions -- inflation adjustment
15-30-2115. General definition of dependent
15-30-2116. Additional exemption for dependent child with disability -- physician's verification
15-30-2117. Military salary, veterans' bonus, or death benefit -- exemptions
15-30-2118. Taxable liability on termination of independent liability fund
15-30-2119. Net operating loss -- computation
15-30-2120. Adjustments to federal taxable income to determine Montana taxable income
15-30-2121. through 15-30-2130 reserved
15-30-2131. Deductions allowed in computing net income
15-30-2132. Standard deduction
15-30-2133. Nondeductible items in computing net income
15-30-2134. through 15-30-2140 reserved
15-30-2141. Independent liability fund -- deductibility
15-30-2142. Income tax deduction for contribution to veterans' programs
15-30-2143. Deduction for contributions to child abuse and neglect prevention program
15-30-2144. Deposit of child abuse and neglect prevention program deductible contributions
15-30-2145. through 15-30-2150 reserved
15-30-2151. Tax on beneficiaries or fiduciaries of estates or trusts
15-30-2152. Computation of income of estates or trusts -- exemption