Tax Rate
2.75%
Filing Frequency
Annual
File policies within 60 days of effective date via SLIP+ for States (2026+) or Legacy Portal (2025 and earlier). Annual tax due April 1. Quarterly transaction fee invoicing: Q1 (Jan-Mar) invoiced April 1, Q2 (Apr-Jun) invoiced July 1, Q3 (Jul-Sep) invoiced October 1, Q4 (Oct-Dec) invoiced January 4. SLIP+ fees due 45 days after invoice. Quarterly attestations required for all new and renewal transactions.
Filing Method
portal
Format: SLIP+ for States Portal Filing
Requirements
Filing Methods
- SLIP+ for States (2026+)
- Legacy Portal (pre-2026)
- ACH Debit (transaction fees)
Filing Steps
- 1SLIP+ for States Transition: Policies effective 1/1/2026 or later MUST be filed in SLIP+ for States portal. Policies effective before 1/1/2026 remain in Legacy Portal (https://svc.mt.gov/csi/surplus/login.aspx).
- 260-Day Filing Deadline: All policies and endorsements must be filed within 60 days of effective date. This is measured from policy effective date, not receipt date.
- 3Policy Endorsement Required: ALL contracts must be endorsed with surplus lines disclaimer and producer license number plus guaranty fund exclusion language. Producer must sign endorsement.
- 4Quarterly Attestations: Complete quarterly attestations in SLIP+ for all new and renewal transactions. This is mandatory for compliance.
- 5Tax Calculation: 2.75% standard rate (0.75% for legal professional liability code 7002) + 2.5% fire tax on fire portions + 0.175% transaction fee. Transaction fee calculated on gross premium (premium plus taxable policy fees).
- 6Fire Tax: 2.5% additional tax applies to fire portions of surplus lines placements. Fire coverage varies by line per ARM 6.6.4803. Identify fire portions during policy entry.
- 7Stamping Fee Options: 0.25% if policy mailed to Commissioner, 0% if filed electronically. E-filing through SLIP+ or Legacy Portal = 0% stamping fee.
- 8Policy Fees vs Producer Fees: ALL policy and carrier fees are taxable. Producer fees (max $100 commercial, $50 personal lines) are explicitly NON-TAXABLE.
- 9Diligent Search - Three Options: (1) 3 declinations from admitted carriers, OR (2) 10%+ premium savings vs admitted quote, OR (3) Coverage on Montana Export List (Approved Risk List).
- 1010% Premium Savings Exemption: If unauthorized eligible surplus lines insurer quotes premium at least 10% lower than authorized insurer, diligent search NOT required. Document premium comparison.
- 11Export List Exemption: No diligent search required for coverages on Montana Approved Risk List (available at https://csimt.gov/wp-content/uploads/2025/01/Final-Approve-Risk-List-1.pdf).
- 12Annual Tax Due Date: April 1 annually. Quarterly payments accepted. Tax applies to all policies regardless of when filed during year.
- 13Quarterly Transaction Fee: 0.175% fee invoiced quarterly: Q1 (Apr 1), Q2 (Jul 1), Q3 (Oct 1), Q4 (Jan 4). SLIP+ fees due 45 days after invoice via ACH Debit.
- 14NRRA ECP: Montana recognizes exempt commercial purchaser exemption under NRRA. File ECP certificate. ECP does not exempt from tax.
- 15Industrial Insured Exemption: Montana has industrial insurance exemption applicable to CAPTIVE INSURERS ONLY. Not general industrial insured exemption.
- 16Insurer Eligibility: Foreign insurers need $15M capital/surplus (or $4.5M with commissioner waiver). Alien insurers need NAIC Quarterly Listing + $5.4M trust fund.
- 17Domestic Surplus Lines Insurers: Montana now allows formation of domestic surplus lines insurers (HB 60, signed Feb 27, 2025).
- 18Registered Agent: Surplus lines insurers must designate registered agent for service of process (no longer appoint commissioner as agent).
Required Forms
- SLIP+ for States Filing (policies effective 1/1/2026 or later)
- Legacy Portal Filing (policies effective before 1/1/2026)
- Quarterly Attestation (for all new and renewal transactions)
- Policy Endorsement (required on all contracts)
- Annual Tax Statement (due April 1)
- Diligent Search Documentation (3 declinations, unless exempt)
- ECP Certificate (for exempt commercial purchaser)
- Fire Tax Calculation (for fire coverage portions)
- Alien Insurer Trust Fund Documentation ($5.4M)
- Foreign Insurer Capital/Surplus Verification ($15M or waiver)
Common Issues to Avoid
- Filing in wrong portal - policies effective 1/1/2026+ go to SLIP+, earlier policies stay in Legacy Portal
- Missing 60-day filing deadline - file within 60 days of effective date, not receipt date
- Forgetting quarterly attestations - required for all new and renewal transactions
- Not identifying fire coverage portions - 2.5% fire tax applies, must identify and calculate
- Incorrect tax rate for legal professional liability - use 0.75% not 2.75% for code 7002
- Missing policy endorsement or signature - endorsement required on ALL contracts, must be signed
- Not claiming 10% premium savings exemption - if eligible, exempts from 3-declination diligent search
- Not checking export list before diligent search - export list coverage exempts from diligent search
- Treating producer fees as taxable - producer fees (max $100/$50) are NOT taxable
- Missing transaction fee payment - 0.175% quarterly fee invoiced separately, due 45 days after invoice
- Not completing quarterly attestation in SLIP+ - attestations mandatory for compliance
- Attempting to file pre-2026 policies in SLIP+ - these belong in Legacy Portal
- Missing April 1 annual tax deadline - late payments subject to penalties
- Placing with non-eligible insurer - verify $15M capital/surplus for foreign, NAIC Quarterly Listing for alien
Helpful Tips
- Portal Selection: 2026+ effective dates = SLIP+ for States. Pre-2026 = Legacy Portal. Both portals coexist.
- 60-Day Clock: Starts from policy effective date, not when you receive policy. Plan accordingly.
- E-File to Save: Filing electronically = 0% stamping fee. Mailing = 0.25%. Always e-file.
- Legal Professional Liability: Remember 0.75% rate (not 2.75%) for coverage code 7002.
- Fire Tax Identification: Review ARM 6.6.4803 to determine which lines include fire coverage. Common in property policies.
- 10% Savings Documentation: If surplus lines quote is 10%+ cheaper than admitted, document comparison to skip diligent search.
- Export List Check First: Review Approved Risk List before starting diligent search - may exempt you.
- Producer Fee Limit: Cap producer fees at $100 (commercial) or $50 (personal lines) to keep non-taxable status.
- Quarterly Attestations: Set reminders - complete attestations promptly for all transactions to stay compliant.
- Transaction Fee ACH: 0.175% fee charged quarterly via ACH Debit. Ensure account has funds 45 days after invoice.
- SLIP+ Resources: Use https://slipplus.com/states/montana/ for Montana-specific guidance, FAQs, and support.
- Eligible Companies: Check current list at https://csimt.gov/wp-content/uploads/2025/11/MT116_Company_11_19_2025_093712.xlsx
- Tax Estimator: Use SLIP+ tax estimator tool for complex calculations involving fire tax and multiple rates.
- Commissioner Waiver: Foreign insurers with $4.5M-$15M may qualify for capital/surplus waiver - commissioner makes affirmative finding.
- No Association: Montana has NO Surplus Lines Association - all filings go directly to Commissioner.
Important Notes
Frequently Asked Questions
What is the surplus lines tax rate in Montana?
The surplus lines tax rate in Montana is 2.75%.
When is surplus lines tax due in Montana?
File policies within 60 days of effective date via SLIP+ for States (2026+) or Legacy Portal (2025 and earlier). Annual tax due April 1. Quarterly transaction fee invoicing: Q1 (Jan-Mar) invoiced April 1, Q2 (Apr-Jun) invoiced July 1, Q3 (Jul-Sep) invoiced October 1, Q4 (Oct-Dec) invoiced January 4. SLIP+ fees due 45 days after invoice. Quarterly attestations required for all new and renewal transactions.
How do I submit surplus lines filings in Montana?
portal
