Montana 2025 Regular Session

Montana House Bill HB665

Introduced
2/22/25  
Refer
2/22/25  
Engrossed
3/7/25  
Refer
3/17/25  
Enrolled
4/16/25  

Caption

Preclude non-profit officers from personal liability for unpaid tax withholding

Impact

The enactment of HB 665 would significantly alter the framework surrounding the individual liability of nonprofit officers. By providing an exemption for volunteer officers, the bill could facilitate increased participation in nonprofit governance by reducing the perceived risk associated with these roles. The exemption is time-limited, lasting only 12 months, which seeks to balance the need for compliance with taxation laws while fostering volunteerism. The implications of this law could foster a more supportive environment for small nonprofits which are often run by volunteers who may not have extensive experience in tax law.

Summary

House Bill 665 addresses the issue of individual liability for volunteer officers of small nonprofit corporations regarding tax withholding and filing obligations. Under this bill, certain nonprofit officers will be exempt from personal liability for the failure of their organizations to withhold taxes or file necessary statements, provided certain conditions are met. This initiative aims to protect volunteers from potential financial repercussions that may arise from compliance failures, thereby encouraging community involvement and support for small nonprofits.

Sentiment

The sentiment surrounding HB 665 appears largely positive, particularly among nonprofit organizations and their supporters. Advocates argue that the bill will help stabilize the operational capabilities of small nonprofits by alleviating concerns over personal liability among volunteer officers. Critics, however, express concerns about the potential for abuse of this limitation, fearing it may lead to negligence in adhering to tax obligations, thus placing a greater burden on the state.

Contention

Notable points of contention revolve around the balance of protecting volunteer officers while ensuring proper accountability within nonprofit organizations. While supporters emphasize the need to encourage volunteer participation by shielding individuals from harsh penalties, opponents worry that this could lead to underperformance in tax compliance and oversight within smaller nonprofit sectors. The limitation of the exemption to specific conditions, such as remuneration and compliance status of the nonprofit, highlights an attempt to mitigate these concerns while still promoting volunteer engagement.

Companion Bills

No companion bills found.

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