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2prkelly
Returning Member

disregard entity

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?

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2 Replies
ColeenD3
Expert Alumni

disregard entity

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.

disregard entity

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.

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