How Montana compares
Ranked against the other 49 states on the figures we hold. Rates that combine state and local components — sales tax, the minimum wage where it varies by region — are shown on this page but not ranked, because a single number would misstate them.
| Figure | MT | Nationally | In its region |
|---|---|---|---|
| PopulationUS Census Bureau, Vintage 2025 estimates, July 1, 2025 | 1,144,694 | 43rd highest of 50 | 9 of 11 |
| GDP ($bn)Bureau of Economic Analysis, 2025 | 82.4 | 45th highest of 50 | 9 of 11 |
| Median household incomeUS Census Bureau, ACS 2024 1-year, 2024 | $75,340 | 35th highest of 50 | 11 of 11 |
| Unemployment rateBureau of Labor Statistics, LAUS (seasonally adjusted, preliminary), September 2026 | 3.1% | 8th lowest of 50 | 3 of 11 |
| Foreign-born shareUS Census Bureau, ACS 2024 1-year, 2024 | 2.1% | tied 49th highest of 50 | 11 of 11 |
| Property tax ratechecked Nov 2026; confirm with the Montana legislature | 0.74% | 15th lowest of 50 | 7 of 11 |
| Deposit return window (days)checked Nov 2026; confirm with the Montana legislature | 30 | tied 15th lowest of 50 | 6 of 11 |
| Eviction notice (days)checked Nov 2026; confirm with the Montana legislature | 3 | tied 31st highest of 50 | 7 of 11 |
- State income tax: yes41 of 50 states answer the same way
- At-will employment: yesthe same in all 50 states — it does not set Montana apart
- Paid sick leave required: no30 of 50 states answer the same way
- Paid family leave: no38 of 50 states answer the same way
- Workers' comp required: yes49 of 50 states answer the same way
- Rent control permitted: no46 of 50 states answer the same way
- Annual report required: yes43 of 50 states answer the same way
Statistical figures: US Census Bureau, Vintage 2025 estimates (July 1, 2025) · US Census Bureau, ACS 2024 1-year (2024) · Bureau of Economic Analysis (2025) · Bureau of Labor Statistics, LAUS (seasonally adjusted, preliminary) (September 2026) · SBA Office of Advocacy, 2025 Small Business Profiles (2025). Tax, wage, business and tenancy figures are recorded from state sources and were last checked on 2026-11-05 — confirm anything you are about to act on with the Montana legislature.
What's changing in Montana
Enacted changes with a fixed effective date. Contracts, payroll and leases signed now may run past these dates.
Coming up
Took effect in the last 12 months
Checked against official sources on 2026-11-05.
How long you have in Montana
The periods that decide whether something is on time. Days are calendar days unless the underlying rule says otherwise.
- Return a security deposit within
- 30 days
- Eviction notice before filing
- 3 days
- LLC formation processed in
- 5–7 days
- Annual report due
- April 15
- Overtime starts after
- 40 hrs/week
AI Legal Insights — Montana
AI-generated · Updated July 2026
Montana operates under an at-will employment doctrine, meaning employment can generally be terminated by either party at any time for any lawful reason. The state's legal framework is characterized by a flat income tax structure and a lack of state-level sales tax, which simplifies many regulatory compliance requirements.
With a low unemployment rate of 2.6% and no state sales tax, Montana offers a competitive environment for small businesses. The state supports entrepreneurship with a relatively low LLC filing fee of $70 and a robust community of approximately 112,000 small businesses.
The foreign-born population in Montana is relatively small, accounting for approximately 2.3% of the total population. This demographic profile suggests a stable but low-diversity labor market compared to coastal states.
- ›Ensure all employment agreements clearly outline at-will status to avoid ambiguity under state law.
- ›Include specific clauses regarding property tax assessments if real estate is part of the contract.
- ›Verify compliance with Montana's specific business filing requirements to maintain good standing.
AI-generated insights · Verify with a licensed attorney before relying on this information.
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Employment Laws
Montana labor regulations
Montana is the only state with a statute that limits at-will employment: under the Wrongful Discharge from Employment Act (WDEA), employers need good cause to fire an employee who has completed the probationary period. The minimum wage is $10.85/hr in 2026 for businesses with more than $110,000 in gross annual sales, rising to $11.20/hr on January 1, 2027, and Montana does not allow a tip credit. Montana has no paid sick leave or paid family leave mandates, and workers' compensation is mandatory for nearly all employers.
| Law | MT Rule | Federal Floor |
|---|---|---|
| Minimum Wage | $10.85/hr since January 1, 2026 (businesses with $110K+ gross sales); $11.20/hr from January 1, 2027; adjusted annually for inflation | $7.25/hr |
| Small Businesses | Businesses with $110K or less in gross annual sales that are not covered by the FLSA may pay $4.00/hr | FLSA coverage rules apply |
| Tipped Employees | No tip credit — tipped workers must receive the full state minimum wage | $2.13/hr cash wage allowed |
| Overtime | After 40 hrs/week at 1.5× rate | FLSA: after 40 hrs/week |
| Paid Sick Leave | No state mandate | None (federal) |
| Paid Family Leave | No state program | FMLA: 12 weeks unpaid |
| Workers Comp | Mandatory for nearly all employers; coverage through a private insurer, the state fund, or approved self-insurance | Federal employees: yes |
| At-Will Employment | Modified: good cause required to fire an employee after the probationary period (WDEA) | Default nationwide (at-will) |
| Final Paycheck | If fired: immediately, unless a written policy allows the next payday or 15 days, whichever is earlier; if the employee quits: next regular payday or 15 days, whichever is earlier | No federal deadline |
| Meal Breaks | No state meal or rest break requirement for private-sector adults | No federal requirement |
- Montana's Wrongful Discharge from Employment Act (WDEA) is unique nationally — after the probationary period, employers must have good cause to fire an employee. Employers can set the probationary period in writing.
- The WDEA is generally the exclusive remedy for wrongful discharge and caps damages, replacing most common law claims.
- The Montana Human Rights Act prohibits employment discrimination based on race, color, national origin, sex, religion, creed, political or religious ideas, disability, age, and marital status.
- Montana does not have a state WARN Act — only the federal WARN Act applies to mass layoffs and plant closings.
- Non-compete agreements are reviewed closely by Montana courts and enforced only when reasonable in time and area and supported by a legitimate business interest.
Sources: U.S. Department of Labor state minimum wage table · state labor agencies (checked Nov 2026)
Landlord-Tenant Laws
Montana rental regulations
Montana landlord-tenant law is governed by the Montana Residential Landlord and Tenant Act. There is no statutory cap on security deposits; a deposit must be returned within 10 days if nothing is deducted, or within 30 days with an itemized list if deductions are made. Montana has no rent control. Eviction for non-payment requires a 3-day notice.
| Topic | MT Rule |
|---|---|
| Security Deposit | No statutory cap on the amount |
| Deposit Return | Within 10 days of move-out if there are no deductions; within 30 days with a written itemization if the landlord keeps any amount |
| Rent Control | No rent control in Montana |
| Eviction Notice (Non-Payment) | 3-day notice to pay rent or vacate before filing an eviction action |
| Eviction Notice (Lease Violation) | Generally a 14-day notice to fix the violation or move out; shorter notice applies to certain serious violations |
| Ending a Month-to-Month Tenancy | At least 30 days' written notice |
| Habitability | Landlord must comply with building and housing codes, keep common areas safe, and keep supplied systems such as heat, plumbing, and electricity in working order |
| Retaliation Protection | Landlord may not retaliate against a tenant for complaining about conditions or reporting code violations |
| Late Fees | Permitted if specified in the lease |
| Entry Notice | At least 24 hours' notice before entry, except in emergencies or when impractical |
Both landlords and tenants have enforceable rights under Montana law. Document all communications and keep copies of your lease agreement. Use AI review to spot risky clauses before signing.
Starting a Business
Montana LLC formation guide
Montana has no general sales tax — a significant advantage for retail and consumer-facing businesses. LLC formation costs $35, and the annual report (due April 15) has a $20 fee that is waived for on-time filings through 2027. Personal income is taxed in two brackets, with the top rate at 5.65% in 2026 and scheduled to fall to 5.4% in 2027; the corporate rate is 6.75%. Growth in technology, health care, and outdoor recreation, especially around Bozeman, Missoula, and Billings, supports new business formation.
Step-by-step LLC formation
- 1Choose a business name — must include "LLC", "L.L.C.", or "Limited Liability Company"; check availability with the Montana Secretary of State
- 2Designate a registered agent with a physical Montana street address (no P.O. boxes)
- 3File Articles of Organization with the Montana Secretary of State online
- 4Pay the $35 LLC formation fee
- 5Get an EIN from the IRS — free at irs.gov
- 6Register with the Montana Department of Revenue for employer withholding and any applicable business taxes (there is no general sales tax to register for)
- 7If you have employees, obtain workers' compensation coverage and register for unemployment insurance with the Department of Labor & Industry
- 8File the annual report with the Secretary of State by April 15 each year — the $20 fee is waived for on-time filings through 2027
- 9Open a business bank account using your EIN and filed Articles of Organization
- 10Check local business licenses and zoning requirements with your city or county
Every LLC also needs a free EIN from the IRS (Form SS-4). Apply online at irs.gov — takes about 15 minutes and is required to open a business bank account.
Popular IRS Forms
Most-filed federal forms for Montana taxpayers
Fill these out online with plain-English guidance — every field explained, no accountant required. Download as a ready-to-file PDF when done.
The main annual federal income tax return every taxpayer files.
Fill out free →Give your SSN or EIN to a client before getting paid as a contractor.
Fill out free →Report $600+ paid to independent contractors during the year.
Fill out free →Tell your employer how much federal tax to withhold from pay.
Fill out free →Report income and expenses from a sole proprietorship or LLC.
Fill out free →Report payroll taxes withheld from employees each quarter.
Fill out free →Get an automatic 6-month extension to file your 1040.
Fill out free →The year-end wage statement employers issue to each employee.
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Federal Offices
United States government offices in Montana
Walk-in assistance by appointment only. Call (844) 545-5640 to schedule, or book online at irs.gov.
Immigration appointments via my.uscis.gov or call (800) 375-5283.
Free Legal Aid
Montana legal assistance organizations
These organizations provide free or reduced-cost civil legal services to qualifying Montana residents.
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