1. (1) Except as provided in subsection (2), there must be levied, collected, and paid for each tax year on the Montana taxable income of each taxpayer subject to this chapter a tax on the brackets of taxable income as follows:

   1. (a) for every married individual who files a joint return and for every surviving spouse:

      1. (i) on the first $95,000 of Montana taxable income or any part of that income, 4.7%;
      2. (ii) on any Montana taxable income in excess of $95,000 or any part of that income, 5.65%;

   2. (b) for every head of household:

      1. (i) on the first $71,250 of Montana taxable income or any part of that income, 4.7%;
      2. (ii) on any Montana taxable income in excess of $71,250 or any part of that income, 5.65%;

   3. (c) for every individual other than a surviving spouse or head of household who is not a married individual:

      1. (i) on the first $47,500 of Montana taxable income or any part of that income, 4.7%;
      2. (ii) on any Montana taxable income in excess of $47,500 or any part of that income, 5.65%;

   4. (d) for every married individual who does not make a joint return and for every estate or trust not exempt from taxation under the Internal Revenue Code:

      1. (i) on the first $47,500 of Montana taxable income or any part of that income, 4.7%;
      2. (ii) on any Montana taxable income in excess of $47,500 or any part of that income, 5.65%.

2. (2) Except as provided in 15-30-3704, that portion of a taxpayer's Montana taxable income that consists of net long-term capital gains after accounting for amounts included in taxable income that is not net long-term capital gains is subject to a tax on the brackets of net long-term capital gains as follows:

   1. (a) for every married individual who files a joint return and for every surviving spouse:

      1. (i) on the first $95,000 less nonqualified taxable income of net long-term capital gains, 3.0%;
      2. (ii) on net long-term capital gains that exceed $95,000 less nonqualified taxable income or any part of that income, 4.1%, except that if the total nonqualified taxable income is $95,000 or greater, all of the net long-term capital gains are taxed at 4.1%;

   2. (b) for every head of household:

      1. (i) on the first $71,250 less nonqualified taxable income of net long-term capital gains, 3.0%;
      2. (ii) on any net long-term capital gains that exceed $71,250 less nonqualified taxable income or any part of that income, 4.1%, except that if the total nonqualified taxable income is $71,250 or greater, all of the net long-term capital gains are taxed at 4.1%;

   3. (c) for every individual other than a surviving spouse or head of household who is not a married individual:

      1. (i) on the first $47,500 less nonqualified taxable income of net long-term capital gains, 3.0%;
      2. (ii) on any net long-term capital gains that exceed $47,500 less nonqualified taxable income or any part of that income, 4.1%, except that if the total nonqualified taxable income is $47,500 or greater, all of the net long-term capital gains are taxed at 4.1%;

   4. (d) for every married individual who does not make a joint return and for every estate or trust that is not exempt from taxation under the Internal Revenue Code:

      1. (i) on the first $47,500 less nonqualified taxable income of net long-term capital gains, 3.0%;
      2. (ii) on any net long-term capital gains that exceed $47,500 less nonqualified taxable income or any part of that income, 4.1%, except that if the total nonqualified taxable income is $47,500 or greater, all of the net long-term capital gains are taxed at 4.1%.

3. (3) For the purposes of this section, the following definitions apply:

   1. (a) "Net long-term capital gains" means net long-term capital gains as that term is defined in section 1222 of the Internal Revenue Code, 26 U.S.C. 1222.
   2. (b) "Nonqualified taxable income" means Montana taxable income that is not considered net long-term capital gains. (Terminates December 31, 2026--sec. 7, Ch. 227, L. 2025.)

History: En. Sec. 2, Ch. 181, L. 1933; amd. Sec. 1, Ch. 40, Ex. L. 1933; re-en. Sec. 2295.2, R.C.M. 1935; amd. Sec. 1, Ch. 228, L. 1957; amd. Sec; 1, Ch. 265, L. 1959; amd. Sec. 1, Ch. 281, L. 1965; amd. Sec. 1, Ch. 5, Ex. L. 1967; amd. Sec. 1, Ch. 10, Ex. L. 1969; R.C.M. 1947, 84-4902; amd; Sec. 2, I.M. No. 86, approved Nov. 4, 1980; amd. Sec. 2, Ch. 634, L. 1993 (voided by I.R. No. 112, Nov. 8, 1994); amd. Sec. 43, Ch. 544, L. 2003; Sec. 15-30-103, MCA 2007; redes. 15-30-2103 by Sec. 1, Ch. 147, L. 2009; amd. Sec. 2, Ch. 418, L. 2015; amd. Sec. 5, Ch. 458, L. 2021; amd. Secs. 1, 2, and 3, Ch. 488, L. 2021; amd. Sec. 9, Ch. 503, L. 2021; amd. Sec. 1, Ch. 46, L. 2023; amd. Sec. 1, Ch. 50, L. 2023; amd. Sec. 1, Ch. 227, L. 2025; amd. Sec. 2, Ch. 227, L. 2025.