Mont. Admin. r. 42.4.303 - CLAIMING AN ELDERLY HOMEOWNER/RENTER TAX CREDIT

(1) The elderly homeowner credit may be claimed by an eligible individual or, if an eligible individual dies before making a claim, by the personal representative of their estate, and must be made on Form 2EC, Montana Elderly Homeowner/Renter Credit.

(2) The time and manner of making a claim for the credit depends on whether the claimant files a return for the year for which the credit is claimed.

(a) A claimant must also meet the eligibility requirements provided in 15-30-2338, MCA, to obtain the credit.

(b) If a claimant files or is required to file a return for the year for which the credit is claimed, the claim must be filed with the return on or before the due date of the return, including extensions. ARM 42.15.301 provides the rules for determining whether an individual is required to file a return. If a return is made by or for an eligible individual without making a claim for the credit, the credit may be claimed by filing an amended return within three years after the due date of the return, not including extensions.

(c) If an eligible individual is not required to file a return, the claim must be submitted no later than April 15th of the fourth calendar year following the claim year.

(d) If an eligible individual is required to, but did not, file a return, the claim must be made by filing a return with completed Form 2EC as provided in (2)(b).

(3) The following are examples of the application of this rule:

(a) A claimant is required to file a return for 20X1 and, although eligible, neglects to claim the credit by filing Form 2EC with their 20X1 return which they file April 6, 20X2. The claimant may claim the credit by filing an amended 20X1 return with completed Form 2EC on or before April 15, 20X5.

(b) A claimant, who is not required to file a return for 20X1, dies in February 20X2. The claimant's personal representative, appointed June 20X2, may at any time before April 15, 20X5, either file a 20X1 return for the claimant with completed Form 2EC or file Form 2EC without filing a 20X1 return.

(c) A claimant is required to, but does not file an individual income tax return for 20X2. The claimant or their personal representative may claim the credit by filing a 20X2 return with completed Form 2EC on or before April 15, 20X6.

Notes

Mont. Admin. r. 42.4.303

NEW, 1984 MAR p. 2034, Eff. 12/28/84; AMD, 1996 MAR p. 2605, Eff. 10/4/96; AMD and TRANS, from ARM 42.15.324, 2004 MAR p. 3147, Eff. 12/17/04; AMD, 2010 MAR p. 1211, Eff. 5/14/10; AMD, 2013 MAR p. 216, Eff. 2/15/13; AMD, 2024 MAR p. 2162, Eff. 9/7/2024

AUTH: 15-30-2609, 15-30-2620, MCA; IMP: 15-30-2338, 15-30-2339, 15-30-2609, MCA