ICEC form (Montana): the workers' comp owner exemption
Independent Contractor Exemption Certificate Application. Who can file it, where to get it, how to file, the fee, when it takes effect, and how often it renews — from Montana Department of Labor & Industry.
ICEC filing snapshot
FormICEC — Independent Contractor Exemption Certificate Application
Issuing bodyMontana Department of Labor & Industry
Filing methodApply online through the Montana contractor portal or submit the current ICEC application and supporting business documentation.
Fee$125 (non-refundable)
Common mistakeICEC is an independent-contractor status certificate, not a blanket owner waiver for a business or its employees. The $125 fee is non-refundable and is charged again on each renewal. Montana is moving ICEC applications and renewals online in August 2026.
When it takes effectOn DLI approval/issuance of the ICEC.
Renewal2 years; a renewal application with the $125 fee is required to keep the ICEC current (Mont. Admin. R. 24.35.121).
Watch out forICEC proves qualifying independent-contractor status; it is not a blanket owner waiver for a company or its employees.
Which Montana owners can use the ICEC
Sole proprietorA sole proprietor is an owner category outside ordinary employee coverage, but a sole proprietor performing work for a hiring agent as an independent contractor generally needs either personal workers' compensation coverage or an active ICEC unless a specific fixed-business-location rule applies.
LLC memberA working member of a member-managed LLC can use the independent-contractor/ICEC route when performing qualifying independent work. A manager of a manager-managed LLC has separate §39-71-401 criteria; construction managers are specifically carved out of the ordinary manager exemption and current construction registration material directs uncovered jobsite managers to the ICEC route.
PartnerA working partner may remain outside personal coverage in the owner's own business, but when representing as an independent contractor the partner generally needs personal workers' compensation or a valid ICEC.
Corporate officerCurrent DLI construction-registration guidance treats an officer as an employee unless the officer fits §39-71-401's exemption criteria, including the current 10% ownership route (or qualifying family-aggregation/nonordinary-duty alternatives). Construction should be checked carefully against the current jobsite rules.
Employee threshold: Montana requires an employer that has any employee in service to be bound by workers' compensation Plan 1, 2, or 3 unless the employment itself is exempt under MCA §39-71-401. In construction: There is no higher employee-count minimum for construction. Current DLI registration material states that construction businesses with employees must provide proof of Montana workers' compensation, and owner/managers working on a jobsite may need an ICEC when they are not personally covered. Manager-managed LLC construction work has special owner-status treatment.
Read the full context in the Montana workers' comp exemption guide, or run the eligibility screener to check your entity type first.
ICEC form (Montana): frequently asked questions
- Where do I get the ICEC form in Montana?
- The ICEC (Independent Contractor Exemption Certificate Application) is issued by Montana Department of Labor & Industry. Apply online through the Montana contractor portal or submit the current ICEC application and supporting business documentation. Use the official link on this page rather than a third-party copy, which may be out of date.
- Is there a fee to file the ICEC in Montana?
- $125 (non-refundable)
- How often does the ICEC exemption renew in Montana?
- 2 years; a renewal application with the $125 fee is required to keep the ICEC current (Mont. Admin. R. 24.35.121). Watch out: ICEC proves qualifying independent-contractor status; it is not a blanket owner waiver for a company or its employees.
Where this comes from
The ICEC entry is anchored to Montana Department of Labor & Industry — the state agency that issues and processes the form — not a generalized summary. Source-checked 2026-09-10.