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March 9, 2020
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As an LLC owner with my husband, can I mark our income as a contract expense?

  • March 9, 2020
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As an LLC owner with my husband, can I mark our income as a contract expense? We both own and operate the company but we are not employees, we are paid like a subcontractor would be paid. Since we are filing jointly, I'm not sure if I should mark our income separately or subtract them as contract expenses or do both?

Best answer by Anonymous_

A multi-member LLC, unless owned as community property by a married couple residing in a community property state, cannot be treated as a disregarded entity.

 

It is a pass-through entity, but it is not disregarded as it is required to file its own income tax return (Form 1065).

3 replies

Employee
March 9, 2020

Unless you reside in a community property state ( Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), you need to be filing a Form 1065 for your multi-member LLC.

 

Your ordinary business income will be passed through to you and your husband on Line 1 of Schedule K-1, which you will input into your individual income tax return (Form 1040).

Rick19744
Employee
March 10, 2020

In addition to what @Anonymous_ has stated, you are correct in that members of an LLC are not employees.

If you are "paid", this is treated as a guaranteed payment to the member.

This is reflected on page 1 of the 1065, Sch K and also on the appropriate member K-1.  This income is treated as ordinary income and also as self-employment income.

You do not issue any form 1099 to yourself.  Just want that to be clear since you reference "we are paid like a subcontractor...."

 

 

*A reminder that posts in a forum such as this do not constitute tax advice.Also keep in mind the date of replies, as tax law changes.
Carl11_2
Employee
March 10, 2020

Understand that an LLC, be it single member or multi-member is not a separately taxable entity. The IRS considers an LLC to be a disregarded entity. It is merely a pass through entity where all profit/loss as passed through to the members.

Employee
March 10, 2020

A multi-member LLC, unless owned as community property by a married couple residing in a community property state, cannot be treated as a disregarded entity.

 

It is a pass-through entity, but it is not disregarded as it is required to file its own income tax return (Form 1065).

lng22392Author
March 11, 2020

Thank you! Do you know if the 1065 form is through turbotax home and business? it automatically does a 1040.