Table of Contents TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS CHAPTER 16. INHERITANCE AND ESTATE TAXES Part 3. Application and Imposition of Tax -- Exemptions and Rates -- Property Valuation

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72-16-301 — Taxable transfers general... 72-16-302 — Transfer under power of a... 72-16-303 — Joint estates -- transfer... 72-16-304 — Insurance proceeds part o... 72-16-305 — Bequests to executors or... 72-16-306 — Recording date prima faci... 72-16-307 — Tax -- when imposed 72-16-308 — Tax to be on clear market... 72-16-311 — Exemption -- how taken 72-16-312 — Exemption -- transfers fo... 72-16-313 — (Temporary) Exemptions of... 72-16-314 — Probate code allowances a... 72-16-315 — Discretionary waiver of i... 72-16-316 — Exemption of tangible per... 72-16-317 — Credit allowance on inher... 72-16-318 — Child's credit for tax pa... 72-16-319 — Exemption -- transfer of... 72-16-321 — Primary rates -- amount r... 72-16-322 — Other rates -- amount rem... 72-16-323 — Exemption for closely hel... 72-16-331 — Definitions for alternate... 72-16-332 — Property acquired from de... 72-16-333 — Alternate valuation of ce... 72-16-334 — Election of alternate val... 72-16-335 — Valuation of farms 72-16-336 — Valuation of closely held... 72-16-337 — Application to certain bu... 72-16-338 — Disposition or failure to... 72-16-339 — When cessation of qualifi... 72-16-340 — Notice to heir of additio... 72-16-341 — Involuntary conversion of... 72-16-342 — Time limitations on asses... 72-16-343 — Special rules for survivi... 72-16-344 — Decedents who are retired... 72-16-345 — Active management by elig... 72-16-346 — No tax if use begins with... 72-16-347 — Special rule for disposit... 72-16-348 — Exchanges of qualified re... 72-16-349 — Treatment of replacement...

Mont. Code Ann. § 72-16-339

(1997)

When cessation of qualified use occurs

For the purposes of 72-16-338, real property ceases to be used for the qualified use if:

(1) the property ceases to be used for the qualified use set forth in 72-16-331 under which the property qualified under 72-16-331; or

(2) during any period of 8 years ending after the date of the decedent's death and before the date of the death of the qualified heir, there had been periods aggregating more than 3 years during which:

(a) in the case of periods during which the property was held by the decedent, there was no material participation by the decedent or any member of his family in the operation of the farm or other business; and

(b) in the case of periods during which the property was held by any qualified heir, there was no material participation by such qualified heir or any member of his family in the operation of the farm or other business.

Official Annotations archive.org, 1997 edition

History:

EnactedEn. SectionSec. 8, ChapterCh. 705, Laws ofL. 1979

AmendedAmd. SectionSec. 9, ChapterCh. 511, Laws ofL. 1983

Source text on leg.mt.gov