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May 6, 2021
Question

Husband/Wife business owners should split 1099 amounts and enter them twice?

  • May 6, 2021
  • 2 replies
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2 replies

Employee
May 6, 2021

Are you in a Community Property State?  Did the LLC elect S Corp tax status?

Employee
May 6, 2021

Since the default rule for multi-members LLCs is that the LLC is treated as a partnership, an LLC composed solely of a husband and wife will be a partnership for tax purposes unless the members choose to have it elect to be treated as a corporation.  A partnership files income tax Form 1065, which requires TT Business (not TT Home and Business).

 

There is one exception to the general rule, however. If the husband and wife are in a community property jurisdiction and the business meets three conditions set out by the IRS in Revenue Procedure 2002-69, the entity will be treated as a “qualified entity.”