Montana and North Dakota have a reciprocal agreement. If a Montana resident works or performs personal/professional services for an employer in North Dakota, the wages are treated as being earned in Montana and the Montana resident does not have to file a North Dakota income tax return reporting those wages.
What if the employer withheld North Dakota tax?
If the employer withheld North Dakota tax in error, file a nonresident North Dakota return to receive a refund of those withholdings. The taxpayer cannot claim a credit for taxes paid to another state on their return.
Do I need to file a nonresident return for the reciprocal state?
If a Montana resident erroneously had income tax withheld for North Dakota on salaries and wages earned there, a nonresident return for the reciprocal state will need to be filed to get a refund of the taxes withheld.
- Add the North Dakota Nonresident Return
- Select Montana from the list of states
- Select where the majority of income was earned
To claim exempt from future withholdings, file form NDW-R with the taxpayers employer.
Additional Information:
Montana State Tax Information
Montana Resident Return Instructions