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clawmarks
New Member

If husband and wife started a business but husband didn't use the business can I just file one Schedule C?

My husband was laid off and we started a small business for art design and formatting but then he got a job and only I have done the work this year under the business.  Even if it is officially in both of our names can I just do one schedule C and put the income down as my own?  We are still filing jointly and are in CA so it's a 50/50 state.
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1 Reply
Carl
Level 15

If husband and wife started a business but husband didn't use the business can I just file one Schedule C?

A SCH C is used for a sole-proprietorship or single member LLC. However, the IRS does allow reporting income for a two owner business *PROVIDED* the two owners are married to each other, *AND* are filing a joint tax return. TO do this requires that all business income and expenses be split between the two married owners and reported on separate SCH C's for each of the married owners.

In some community property states because of their tax laws, this is not an available option and an IRS Form 1065 partnership return must be filed instead.  The partnership will then issue each owner a K-1 and any other tax reporting documents necessary, that the owners will use on their personal tax return.

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