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LLC Formation·Updated Feb 21, 2026

How to Start an LLC in Montana (2026)

Montana makes LLC formation straightforward and affordable. You'll file everything online through the Secretary of State's portal, and your annual reports cost $0 to file each year.

Feb 21, 202612 min read
Daniel Wong
Written byDaniel Wong
Legal & Compliance Analyst
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What You'll Learn in This Guide

This guide walks you through every step to legally form a Limited Liability Company (LLC) in Montana — from picking a name to staying compliant year after year. We've kept it practical, current, and free of unnecessary fluff.

Note

Montana LLC formation costs $35 in state fees. Most founders complete the process in 5-6 business days, either DIY or through a formation service starting at $0.

Montana LLC: Quick Facts

Last Verified: Feb 2026
Filing Fee (Online)
$35
Processing Time
5-6 business days
Expedited Available
No
Annual Report
April 15 each year
State Income Tax
Yes
Sales Tax Rate
0%
Filed With
Montana Secretary of State
Last Verified
February 21, 2026

What Makes a Montana LLC Different

A Montana LLC creates a legal barrier between your personal assets and your business obligations. If someone sues your LLC or it takes on debt, your personal bank accounts, home, and car are generally protected. That separation only works if you treat the LLC as its own entity, which is why the steps below matter.

Montana stands out for a few reasons. There's no state sales tax, which simplifies things considerably if you sell products. Annual reports are due every April 15 and cost nothing to file. The state also doesn't require a general business license at the state level, though your city or county might.

The entire process happens online. Montana's Secretary of State doesn't accept paper filings for LLC formation, so you'll work through their business portal from start to finish. Most founders can complete the formation in a single sitting, then wait for approval before moving on to the federal steps like getting an EIN.

Step 1

Choose a Name for Your Montana LLC

Your LLC name must be unique in Montana and follow specific state naming rules. You can reserve a name for up to 120 days if you're not ready to file right away.

Your LLC name needs to be distinguishable from every other business registered in Montana. You can check availability using the Secretary of State's free business search tool at biz.sosmt.gov/search/business. If your ideal name is available but you're not ready to file yet, you can reserve it for 120 days for a $10 fee.

Search available names →

Montana LLC Naming Rules

Must include "LLC", "L.L.C.", or "Limited Liability Company"
Must be distinguishable from existing Montana business names
Cannot include words that imply it's a bank, insurance company, or government agency without proper licensing
Cannot contain language that implies a purpose not stated in your articles of organization

Name Reservation (Optional)

  • Search name availability at biz.sosmt.gov/search/business
  • File a name reservation online for $10
  • Reservation lasts 120 days, giving you time to prepare your filing

State Specific

Montana allows name reservations for 120 days at just $10, which is longer than most states offer.

Pro Tip

Search the Montana business name database before you get attached to a name. If it's taken, you'll need a new one.

Step 2

Choose a Registered Agent in Montana

Montana requires every LLC to have a registered agent with a physical street address in the state. This person or company receives legal documents on your behalf.

A registered agent is the person or company designated to receive legal notices, tax documents, and official correspondence for your LLC. In Montana, your registered agent must be either an individual who lives in the state or a business entity authorized to operate here. They need a physical street address in Montana. P.O. Boxes don't qualify.

Your Three Options

  • Be your own registered agent (free, but your address becomes public record and you must be available during business hours)
  • Ask a trusted person in Montana (they must agree to accept documents at their physical address)
  • Hire a professional registered agent service (typically $50-$300 per year, adds privacy and reliability)

State Specific

Montana does not allow P.O. Boxes for registered agent addresses. Your agent must have a physical street address in the state.

Pro Tip

If you work from home and don't want your home address on public record, a professional registered agent service keeps your personal address private.

Step 3

File Your Articles of Organization with Montana

This is the official step that creates your LLC. Montana requires all filings to go through the Secretary of State's online portal.

State Filing Fee: $35
Processing: 5-6 business days

To form your Montana LLC, you'll file your Articles of Organization for Domestic Limited Liability Company through the Secretary of State's online portal at biz.sosmt.gov. There's no option to file by mail. Create an account on the portal, fill in your LLC name, registered agent information, principal office address, and management structure (member-managed or manager-managed). Review everything carefully before submitting.

Information You'll Need to File

  • Your LLC's legal name
  • Registered agent's name and physical Montana address
  • Principal office address
  • Whether your LLC is member-managed or manager-managed
  • Name and address of the organizer (the person filing)
  • Payment method for the filing fee

Once your filing is approved, you'll receive confirmation through the portal. Keep a copy of your approved articles of organization with your business records. If you need faster turnaround, expedited processing is available and typically delivers a decision within 24 hours.

State Specific

Montana does not accept paper filings for LLC formation. Everything must be submitted through the online business portal.

Pro Tip

Expedited processing is available for an additional fee and brings your turnaround down to about 24 hours.

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Recommended: Northwest Registered Agent

$39 + state fee. Includes registered agent, business address, domain, website, email, and phone. No upsells.

4.8
Form Your LLC →
Step 4

Get an EIN from the IRS

An EIN is a federal tax ID number for your LLC. You'll need it to open a bank account, hire employees, and file taxes.

Apply for your EIN directly on the IRS website at no cost. The online application takes about 10 minutes, and you'll receive your EIN immediately upon completion. You'll need your approved articles of organization first, since the IRS will ask for your LLC's legal name and formation date.

Apply for your EIN on IRS.gov →
Step 5

Create an Operating Agreement for Your Montana LLC

An operating agreement defines how your LLC is owned and managed. Montana doesn't require one by law, but operating without one is a real risk to your liability protection.

Montana does not legally require an operating agreement, but skipping this step is a mistake. Without one, your LLC defaults to Montana's LLC statutes for any disputes about ownership, profits, or management. Those defaults may not match what you actually want. Banks may also ask to see your operating agreement when you open a business account.

Key Sections to Include

Ownership percentages for each member
How profits and losses are divided
Member roles and voting rights
Rules for adding or removing members
What happens if a member leaves or passes away
Process for dissolving the LLC
Whether the LLC is member-managed or manager-managed

Pro Tip

Even single-member LLCs benefit from an operating agreement. It strengthens the legal separation between you and your business, which is the whole point of having an LLC.

Step 6

Open a Business Bank Account

A separate business bank account keeps your personal finances out of your LLC's affairs, which is essential for maintaining your liability protection.

Opening a dedicated business bank account is one of the most important things you can do after forming your LLC. It creates a clear financial boundary between you and your business. This separation is what makes your limited liability protection actually hold up if it's ever tested. Most Montana banks and credit unions offer business checking accounts, so shop around for one with low fees and features that fit your needs.

What to Bring to the Bank

  • Approved articles of organization from the Montana Secretary of State
  • Your EIN confirmation letter from the IRS
  • Your operating agreement
  • A government-issued photo ID for all members who will have account access
  • An initial deposit (amount varies by bank)

Important

Mixing personal and business funds can undermine your LLC's liability protection. Courts may "pierce the corporate veil" if you treat your LLC's money as your own, exposing your personal assets to business debts.

Top 3 LLC Formation Services

We've independently reviewed the top LLC formation services in Montana. Here's how they compare.

Feature
Northwest Registered Agent
Best Overall
ZenBusiness
Best for LLC Formation
Tailor Brands
Best for Branding
Starting Price$39 + state fees$0 + state fees$0 + state fees
Formation SpeedSame-day filing1-10 business days2-14 business days
SupportLifetime Corporate GuidesPhone, Chat, EmailPhone, Chat, Email
States Covered50 states50 states50 states
In Business Since199820152014
Get StartedGet StartedGet Started

Frequently Asked Questions

Your first-year costs in Montana are very low. You'll pay the state filing fee for your articles of organization, and the annual report is $0. If you hire a professional registered agent, expect to add $50 to $300 per year. Montana has no franchise tax and no state sales tax, so your ongoing compliance costs stay minimal.

Standard processing times vary depending on the Secretary of State's current workload. If you need faster results, Montana offers expedited processing that typically takes about 24 hours for an additional fee. All filings go through the online portal, so there's no mail delay to factor in.

Yes. Montana fully allows single-member LLCs. You get the same liability protection and flexibility as a multi-member LLC. The IRS treats a single-member LLC as a disregarded entity by default, meaning your business income passes through to your personal tax return.

No, Montana does not require an operating agreement by law. However, you should absolutely create one. It defines ownership structure, profit distribution, and decision-making rules. Without it, Montana's default LLC statutes govern your business, and banks often request a copy before opening your business account.

Montana has a state income tax, so LLC income that passes through to members is taxed on their individual Montana returns. There is no franchise tax and no state sales tax, which is a significant advantage for product-based businesses. Your federal tax classification depends on your LLC structure: single-member LLCs are taxed as sole proprietorships, and multi-member LLCs are taxed as partnerships by default.

Yes. Every Montana LLC must file an annual report by April 15 each year. The filing fee is $0, which makes Montana one of the most affordable states for ongoing compliance. You file through the Secretary of State's online portal at biz.sosmt.gov. If you miss the deadline, there's a $15 late fee, and if the report isn't filed by December 1, your LLC can be administratively dissolved.

What to Do Next

Once your Montana LLC is approved, take these steps to set your business up for success.

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Ready To File?

Start your Montana LLC with Northwest Registered Agent. $39 + state fee includes registered agent, business address, domain, and more.

Start Your LLC →

About the Author

Daniel Wong

Legal & Compliance Analyst

Daniel grew up in the shadow of Silicon Valley but chose the legal route over engineering, working as a paralegal for a corporate law firm specializing in mergers and acquisitions. He realized that early-stage founders were constantly making catastrophic legal mistakes because they couldn't afford a $500/hour attorney, prompting his move to B2B media.

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