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Can a husband and wife, residing in a Non-Community Property state, run a LLC as qualified joint venture and file return as a sole proprietorship-disregarded entity?
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No, a business owned and operated by the spouses through a Limited Liability Company (LLC) does not qualify for the election. Only businesses that are owned and operated by spouses as co-owners (and not in the name of a state law entity) qualify for the election.
For more information on the Qualified Joint Venture election, see the IRS page Qualified Joint Venture.
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