Montana Department of Labor and Industry


Please Note

We are a service company that can help you file with the Montana Department of Labor and Industry. We are not associated with this nor any other government agency. We offer paid services and software to help you file. You are not required to purchase our service to file - you may file directly with this agency without using our service.


Contact Information

Mailing address:
P.O. Box 1728
Helena, MT 59624

Phone: (406) 444-2840
Fax: (406) 444-1419

Web: Home
Email: dliquestions@mt.gov

Licenses

We track the following licenses with the Montana Department of Labor and Industry in order to provide compliance services to our clients. As a client, you see this and other reference data in License Manager in-line with your licenses.

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Montana Professional Employer Organization License - Restricted

Agency:Montana Department of Labor and Industry
Law:

MT Code § 39-8-201

Foreign Qualification is Prerequisite:No
Notes:

Restricted licenses for PEOs or groups residing in another state may be issued if:

  • The applicant’s state of residence licenses PEO’s and the applicant is licensed and in good standing, and that state grants a similar privilege for restricted licensing;
  • The applicant does not maintain an office, sales force, or a sales representative in Montana and does not solicit clients who are residents of or domiciled in Montana; and
  • The applicant does not have more than 100 leased employees working in Montana
Registered Agent (Special Agency) Required?No
Fact Checked:6/17/21

Initial Registration

Form:

PEO Initial Application

Agency Fee:

$500

Notarize:Required
Required Attachments:
  • MT Identification Number (Withholding Tax)
  • State Unemployment Tax Account (SUTA)
  • Independent CPA quarterly submissions demonstrating all payroll-related taxes have been paid
  • Proof of workers’ compensation for each client company. If no clients, provide MT endorsed master policy
  • PEO Ownership Information form
  • PEO Group Guaranty form
  • List of Branch Offices
  • Business Operational History
  • Applicant Authorization for Release of Information form
  • Declaration of Accuracy form
  • Client Contract Agreement
  • Employee Disclosure
  • State of Montana Professional Employer Organization Client Initiation or
  • Termination Form
  • Benefit Program Information
  • Applicant/Controlling Person(s) Information form
  • Applicant/Controlling Person Questionnaire form
  • Controlling Person Authorization for Release of Information form
  • Character Reference Affidavit form
  • Complete a FBI fingerprint card for each control person 
  • Remittance in the amount of $30 payable to: Montana Criminal Records for each set of fingerprint cards
Fact Checked:6/17/21

Registration Renewal

Form:

PEO Renewal Application

Agency Fee:

$500

Due:

Annually at least 30 days prior to the expiration date, which is the date of issuance.

Required Attachments:
  • List of Montana client companies currently under contract with the applicant, including the name of the business, their Federal Employer ID number, business address, primary business operation and the beginning date of the contract
  • Applicant/Controlling Person Questionnaire form
  • Declaration of Accuracy form

The following items need only be submitted if there was a change during the previous license year:

  • Applicant Authorization for Release of Information
  • PEO Ownership Information Business Operational History
  • Applicant Controlling Person Information Sheet
  • Controlling Person Authorization for Release of Information
  • Character Reference Affadavit
Fact Checked:6/17/21

Supplemental Reporting
Quarterly Payroll Tax Report

Agency Fee:

$0

Due:

Within 90 days of the end of each calendar quarter.

Law:

MT Code § 38-8-207

Notes:

Every quarter PEOs must submit information certified by an independent certified public accountant demonstrating that all payroll-related taxes for the quarter have been paid.

Fact Checked:6/17/21

Montana Professional Employer Organization License - Unrestricted

Agency:Montana Department of Labor and Industry
Law:

MT Code § 39-8-201

Financial Requirements:

Applicants must maintain a tangible accounting net worth of not less than $50,000.

Bond Requirements:

If an applicant is unable to meet the net worth requirement, the applicant must provide a surety bond, a letter of credit, or marketable securities acceptable to the department in an amount of not less than $50,000 to cover the deficiency.

Fact Checked:6/9/21

Initial Registration

Form:

PEO Initial Application

Agency Fee:

$750

Notarize:Required
Required Attachments:
  • Financial Statements that have been independently audited by a certified public accountant in accordance with generally accepted accounting principles or independently compiled financial statements and a $100,000 security deposit
  • Attestation of Financial Statement
  • Montana Secretary of State registration documents
  • MT Identification Number (Withholding Tax)
  • State Unemployment Tax Account (SUTA)
  • Independent CPA quarterly submissions demonstrating all payroll-related taxes have been paid
  • Proof of workers’ compensation for each client company. If no clients, provide MT endorsed master policy
  • PEO Ownership Information form
  • PEO Group Guaranty form
  • List of Branch Offices
  • Business Operational History
  • Applicant Authorization for Release of Information form
  • Declaration of Accuracy form
  • Client Contract Agreement
  • Employee Disclosure
  • State of Montana Professional Employer Organization Client Initiation or Termination Form
  • Benefit Program Information
  • Applicant/Controlling Person(s) Information form
  • Applicant/Controlling Person Questionnaire form
  • Controlling Person Authorization for Release of Information form
  • Character Reference Affidavit form
  • Complete a FBI fingerprint card for each control person 
  • Remittance in the amount of $30 payable to: Montana Criminal Records for each set of fingerprint cards
Fact Checked:6/8/21

Registration Renewal

Form:

PEO Renewal Application

Agency Fee:

$750

Due:

Annually at least 30 days prior to the expiration date, which is the date of issuance.

Notarize:Required
Required Attachments:
  • Financial statements that have been independently audited by a certified public accountant in accordance with generally accepted accounting principles or independently compiled financial statements and a $100,000 security deposit
  • Attestation of Financial Statement
  • List of Montana client companies currently under contract with the applicant, including the name of the business, their Federal Employer ID number, business address, primary business operation and the beginning date of the contract
  • Applicant/Controlling Person Questionnaire form
  • Declaration of Accuracy form
  • Professional Employer Organization Group Guarantee form (if applicable)

The following items need only be submitted if there was a change during the previous license year:

  • Applicant Authorization for Release of Information
  • PEO Ownership Information Business Operational History
  • Applicant Controlling Person Information Sheet
  • Controlling Person Authorization for Release of Information
  • Character Reference Affadavit
Fact Checked:6/8/21

Supplemental Reporting
Quarterly Payroll Tax Report

Agency Fee:

$0

Due:

Within 90 days of the end of each calendar quarter.

Law:

MT Code § 38-8-207

Notes:

Every quarter PEOs must submit information certified by an independent certified public accountant demonstrating that all payroll-related taxes for the quarter have been paid.

Fact Checked:6/17/21

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