Is my LLC considered a partnership for the purpose of a W9 form if both my spouse and I are listed as members?

Forum|Forum|5 years ago
July 25, 2020
3 replies
17 views

I am referring to box 3 of the W9 form.

TurboTax Premier Online

Anonymous

yes. you most likely should be filing a partnership return. the tax law provision that would let you report the business activity on either 2 schedule C's or E's (a qualified joint venture) does not apply to an h/w LLC.

Rick19744

Level 13

Yes and No.

There is a specific box to mark for LLC and then you will make the partnership designation.

Just want to be clear that you don't mark the partnership box.

*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.

Anonymous

@Rick19744 you are wrong. the LLC is for a single-member LLC only. here we have husband and wife - a partnership.

Critter-3

Level 15

The W-9 form is quite clear ... a single member LLC defaults to a Sole Prop & a multi member LLC defaults to a Partnership unless the entity choose to be filed as a Corporation or an S-Corp ... you should know what you choose on the SS-4 form when you applied for the EIN ...

Carl

Level 11

Understand that if your LLC has more than one partner/member/owner listed on the registration with the state, it's not "considered" a partnership. It ***IS*** a partnership/multi-member LLC.

If you do not live in a community property state, then you're required a file the 1065 Partnership Return.