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posted Jun 4, 2019 7:32:36 PM

Can a husband and wife have different shares in an LLC?

We have a multi-member LLC with three members: myself, my wife, and a third partner. In a situation like this can my wife and I have different shares (percent ownership) in the same LLC? For example, is it okay for my wife to own 60%, while me and the third partner each own 20%? 

The reason I ask is because husband/wife issues like this can be a bit tricky as far as the IRS is concerned... I could imagine a scenario where the IRS would force married couples to have equal shares in an LLC because married couples sometimes seem to be treated as "one person" as far as the IRS is concerned.

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1 Best answer
Expert Alumni
Jun 4, 2019 7:32:38 PM

There is no problem with your wife and you having a different ownership percentage in the same LLC.  You will each receive your own K-1 which represents your individual ownership interest.

1 Replies
Expert Alumni
Jun 4, 2019 7:32:38 PM

There is no problem with your wife and you having a different ownership percentage in the same LLC.  You will each receive your own K-1 which represents your individual ownership interest.