Montana 2025 Regular Session

Montana Senate Bill SB558

Introduced
3/31/25  
Refer
3/31/25  

Caption

Provide a general statewide sales tax to replace school property taxes

Summary

SB 558 would replace Montana’s existing school property tax funding structure with a new general statewide sales and use tax beginning with tax years after December 31, 2025. The bill imposes a 4% sales tax on retail sales of tangible personal property, electronically transferred products, and a broad range of services, and it also creates related use taxes on out-of-state purchases, telecommunications, lodging, admissions, transportation, auctions, and marketplace sales. Revenue from the new tax would be deposited into the school equalization and property tax reduction account and used to reduce or eliminate school-related property tax levies. The bill is extensive and rewrites large portions of Montana tax law. It repeals the statewide school mill levies and the existing school equalization and guaranteed tax base framework, while amending numerous education finance statutes to redirect funding through the new sales-tax-backed account. It also authorizes Montana to join the Streamlined Sales and Use Tax Agreement, establishes collection, filing, exemption-certificate, marketplace-facilitator, and notice rules for remote sellers, and adds administrative provisions for permits, audits, penalties, and direct payment permits. The bill further updates school finance formulas and related property tax provisions to reflect the elimination of the school mill levies and the new revenue source. The bill’s impact would be broad for consumers, retailers, service providers, remote sellers, and school districts. It would expand the sales tax base significantly by taxing many services that are currently exempt, while carving out numerous exemptions for food, prescription drugs, agricultural inputs, government entities, nonprofits, and other specified categories. At the same time, it would reduce reliance on school property taxes by shifting school funding to statewide sales tax revenue, affecting county treasurers, school districts, and the Department of Revenue’s collection and distribution responsibilities. The general sentiment reflected in the available history appears unfavorable or at least insufficiently supportive for advancement. The bill was tabled in the Senate Taxation Committee by a 7-1 vote and later died in process, indicating that the proposal did not gain the support needed to move forward. No committee transcript is available here, but the vote pattern suggests strong resistance to the bill’s major tax restructuring. The main point of contention is the bill’s sweeping replacement of property-tax-based school funding with a broad sales tax, which would shift the tax burden across consumers and businesses and expand taxation into many services. Likely areas of concern include the size of the tax base expansion, the treatment of remote and marketplace sellers, the complexity of administering the new system, and the effect on taxpayers who would face a new statewide sales tax in exchange for reduced school property taxes. The broad repeal of existing school tax levies and the large number of conforming amendments also suggest that lawmakers may have viewed the proposal as too disruptive or complex to adopt in its introduced form.

Impact

SB 558 would substantially amend Montana’s tax code and school finance statutes by creating a new statewide 4% sales and use tax system and directing its revenue to school property tax reduction. It repeals the statewide school mill levies and the existing school equalization/property tax reduction structure, while revising numerous education funding provisions so that school finance is supported through the new sales-tax revenue stream rather than the current property-tax-based levies. The bill also adds detailed administrative rules for registration, collection, exemptions, marketplace facilitators, remote sellers, and streamlined sales tax compliance, affecting the Department of Revenue, retailers, service providers, and local school finance administration.

Sentiment

The available legislative history suggests the bill faced significant opposition. It was tabled in the Senate Taxation Committee by a 7-1 vote and ultimately died in process, which indicates the proposal did not have broad support. Because no committee transcript is provided, the specific arguments are not available, but the vote outcome points to skepticism about the bill’s tax policy and implementation.

Contention

The central controversy is the bill’s proposal to replace school property taxes with a broad statewide sales tax, which would shift the tax burden from property owners to consumers and businesses and expand taxation to many services. Likely points of contention include the breadth of taxable services, the effect on remote sellers and marketplace providers, the administrative complexity of the new system, and whether the promised property tax relief would justify the new statewide tax. The bill’s sweeping repeal and rewrite of school finance statutes also likely raised concerns about disruption to existing funding mechanisms and local government administration.

Companion Bills

No companion bills found.

Previously Filed As

MT SB32

Generally revise property taxes

MT HB946

Revise selective sales taxes to provide ongoing property tax relief

MT HB696

Relative to the application of utility property taxes and statewide education property taxes to electric generating facilities.

MT SB277

Relative to the application of utility property taxes and statewide education property taxes to electric generating facilities.

MT SB99

Create the property tax local effort replacement fund, to reduce certain property taxes, and to increase the rates for certain gross receipts taxes and use taxes.

MT SB542

Generally revise property tax laws

MT HB1649

Eliminating school district property taxes; imposing county and school district taxes; establishing the School District Emergency Fund and the School District Property Tax Elimination Fund; consolidating Articles II and III of the Tax Reform Code of 1971; in preliminary provisions relating to sales and use tax, providing for definitions; in taxation generally relating to sales and use tax, providing for exclusions and for transfer to county sales and use tax accounts; in preliminary provisions relating to personal income tax, providing for definitions; and making repeals.

MT SB962

Eliminating school district property taxes; imposing county and school district taxes; establishing the School District Emergency Fund and the School District Property Tax Elimination Fund; consolidating Articles II and III of the Tax Reform Code of 1971; in preliminary provisions relating to sales and use tax, providing for definitions; in taxation generally relating to sales and use tax, providing for exclusions and for transfer to county sales and use tax accounts; in preliminary provisions relating to personal income tax, providing for definitions; and making repeals.

MT SJR98

Replaces the property tax on real property with a sales tax

MT SJR7

Replaces the property tax on real property with a sales tax

Similar Bills

No similar bills found.