42.15.802    CONTRIBUTIONS TO FAMILY EDUCATION SAVINGS PROGRAM ACCOUNTS

(1) The program administrator determines who can be an account owner and from whom it will accept contributions to an account. Account ownership and the acceptance of contributions are not related to the ability of the contributor to reduce Montana taxable income. Entitlement to the deduction depends on meeting specific statutory requirements set forth in Title 15, chapter 62, MCA, and these rules.

(2) An individual, including a nonresident, may reduce their Montana adjusted gross income by the lesser of the total contributions they actually make to one or more accounts as provided in 15-30-2110 and 15-62-207, MCA, during the tax year, or $3,000.

(3) A rollover from one account to another or from one program to another state program is not a contribution for which a deduction may be claimed.

(4) For Montana tax purposes, deductible contributions to an account do not include the earnings on the account.

History: 15-30-2620, MCA; IMP, 15-30-2110, 15-62-201, 15-62-207, MCA; NEW, 1998 MAR p. 680, Eff. 3/13/98; AMD, 2000 MAR p. 1344, Eff. 5/26/00; AMD, 2004 MAR p. 1031, Eff. 4/23/04; AMD, 2010 MAR p. 1088, Eff. 4/30/10; AMD, 2010 MAR p. 2748, Eff. 11/27/10; AMD, 2014 MAR p. 2976, Eff. 12/12/14; AMD, 2021 MAR p. 76, Eff. 1/16/21.