# Mont. Code Ann. § 39-51-202: 39-51-202 Employer defined

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C51_P2_S39-51-202

## Section

- **Citation:** Mont. Code Ann. § 39-51-202
- **Heading:** 39-51-202 Employer defined
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 39 / Chapter 51 / Part 2 / Section 39-51-202

## Text

39-51-202 . Employer defined. "Employer" means:

(1) any employing unit whose total annual payroll within either the current or preceding calendar year equals or exceeds the sum of $1,000;

(2) any agricultural employing unit that pays $20,000 or more in cash to workers for agricultural labor in any quarter in the current or preceding calendar year or employs 10 or more workers in agricultural labor on 20 days in 20 different weeks during the current or preceding calendar year;

(3) any domestic employing unit that pays $1,000 or more in cash for domestic service in any quarter during the current or preceding calendar year;

(4) any individual or employing unit which acquired the organization, trade, or business or substantially all of the assets thereof of another which at the time of such acquisition was an employer subject to this chapter;

(5) any individual or employing unit which acquired the organization, trade, or business or substantially all the assets thereof of another employing unit not an employer subject to this chapter and which, if subsequent to such acquisition it were treated as a single unit with such other employing unit, would be an employer under subsection (1) of this section;

(6) any employing unit not an employer by reason of any other subsection of this section for which, within either the current or preceding calendar year, service is or was performed with respect to which such employing unit is liable for any federal tax against which credit may be taken for contributions paid into a state unemployment fund or an employing unit which, as a condition for approval of this chapter for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required pursuant to such act to be an employer under this chapter;

(7) any employing unit which, having become an employer under subsection (1), (2), (3), (4), (5), or (6) has not, under 39-51-1101 , ceased to be an employer subject to this chapter; or

(8) for the effective period of its election pursuant to 39-51-1102 , any other employing unit which has elected to become fully subject to this chapter.

## Nearby sections

- [Mont. Code Ann. § 39-51-201 39-51-201 General definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C51_P2_S39-51-201.md)
- [Mont. Code Ann. § 39-51-202 39-51-202 Employer defined](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C51_P2_S39-51-202.md)
- [Mont. Code Ann. § 39-51-203 39-51-203 Employment defined](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C51_P2_S39-51-203.md)
- [Mont. Code Ann. § 39-51-204 39-51-204 Exclusions from definition of employment](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C51_P2_S39-51-204.md)
- [Mont. Code Ann. § 39-51-205 39-51-205 Agricultural labor defined](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C51_P2_S39-51-205.md)
- [Mont. Code Ann. § 39-51-206 39-51-206 Agricultural labor -- who treated as employer of member of crew furnished by crew leader](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C51_P2_S39-51-206.md)
- [Mont. Code Ann. § 39-51-207 39-51-207 Treatment of limited liability companies](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C51_P2_S39-51-207.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C51_P2_S39-51-202. Check the current official text before relying on it. Not legal advice.