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Level 2
posted Feb 28, 2023 7:36:44 PM

LLC Single Member or Multimember

I understood from a past discussion that in Missouri a husband-and-wife membership in an LLC is a partnership and not a sole member or sole proprietorship. I believe Missouri is not a community property state.

In reviewing the Operating Agreement, the membership is listed as follows:

Members                                               Percent Interest

Husband Name and Wife Name   ----           100%

 

The EIN that I received from the IRS has the Husband Name (my name) followed by Sole MBR.

So, is our LLC a partnership or a sole member LLC.

0 2 752
2 Replies
Expert Alumni
Feb 28, 2023 7:48:59 PM

You must apply the state law to the treatment of LLCs so it is a partnership.

Level 15
Mar 1, 2023 1:01:34 AM

you will also probably need to get a new SSN since the IRS seems to have issued it to the LLC as a single member so filing a partnership return using it may cause issues.  when you filed the SS-4, how many members did you note in 8b? should have been 2.  and for 9a partnership should have been checked.