1099k for LLC owned by husband and wife in community property state

[msdfr13]

My husband and I file a joint tax return.  We live in TX and co-own an LLC.  The LLC received a 1099 on it's TIN number.  I understand that since we are in a community property state, the LLC can be a disregarded entity.  However if we are to treat it as a disregarded entity, how do we handle 1099's issued on the LLC's TIN?

[KrisD15 · Accepted solution]

You shouldn't be using the LLC Employer's Identification number. 

That number might be needed for a bank account or perhaps required by your state. 

According to the IRS:

"For federal income tax purposes, a single-member LLC classified as a disregarded entity generally must use the owner's social security number (SSN) or employer identification number (EIN) for all information returns and reporting related to income tax. For example, if a disregarded entity LLC that is owned by an individual is required to provide a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification, the W-9 should provide the owner’s SSN or EIN, not the LLC’s EIN."

You could request a corrected 1099-K, but that might be very difficult to get. 

You could (have) issued a 1099 from the EIN to your social security number, but that would have needed to be done in January. 

I suggest you enter it on the Schedule C of the Taxpayer that registered the LLC since they would be the one that tied their social security number to the LLC. Next, that Taxpayer may need to expenses half so the spouse can claim half. 

You'll need to enter the 1099-K with that Social Security number for the program to accept it, in which case you'll need to print and mail the return with a paper 1099-K so the IRS gets the proper paperwork. 

[msdfr13]

Thank you.  The issuer is providing us a corrected 1099k.  Since the 1099k is now on my husband's SSN, we should expenses half on his SSN so that I can claim half on mine as his spouse, correct? 

[CatinaT1]

Yes, that would work. The full amount is reported under the spouse whose ssn is on the 1099-K as income. Then half of the amount of income becomes an expense. This will net that spouse one half of the 1099-K. The other spouse will then claim half of the amount of the 1099-K.