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Level 2
March 15, 2020
Question

disregard entity

  • March 15, 2020
  • 2 replies
  • 36 views

My wife and I just file joint-married.  we are passive investors in domestic real estate partnerships (LLC's).  are we considered a disregarded entity?

    2 replies

    ColeenD3
    Level 15
    March 15, 2020

    Probably not.

     

    You mentioned that both you and your wife own the LLC. You must then elect to be treated as a Partnership or Corporation. You do not qualify as a Qualified Joint Venture unless you are in a community property state.

    Rick19744
    Level 13
    Level 13
    March 15, 2020

    Your facts are not clear at this point:

    • Did you make a contribution to an LLC where you will receive a K-1?
    • Did you and your wife set up an LLC?  This does not appear to be the case, but just want better details.
    • Once you respond to these questions, you will be able to get a more informative response.
    *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.