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rskleavitt
New Member

Hello, my husband filed our taxes tonight. i have an LLC that i began in 2020. He doesnt want it included on our joint tax return. How can file my LLC separate

 
3 Replies
macuser_22
Level 15

Hello, my husband filed our taxes tonight. i have an LLC that i began in 2020. He doesnt want it included on our joint tax return. How can file my LLC separate

You cannot.   All joint income must go on a joint tax return.  A sole proprietorship LCC goes on the 1040 Schedule C.     If the joint return was filed without it then it must be amended to add that income.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
VolvoGirl
Level 15

Hello, my husband filed our taxes tonight. i have an LLC that i began in 2020. He doesnt want it included on our joint tax return. How can file my LLC separate

Is it a Single Member LLC?  Is it an S corp?  If you want to file it separate you will need to file separate 1040 tax returns as Married filing Separate and not a Joint return.  But MFS is the worse way to file and has the highest tax rates.  And you can lose several credits by filing Separate.  

macuser_22
Level 15

Hello, my husband filed our taxes tonight. i have an LLC that i began in 2020. He doesnt want it included on our joint tax return. How can file my LLC separate


@VolvoGirl wrote:

Is it a Single Member LLC?  Is it an S corp?  If you want to file it separate you will need to file separate 1040 tax returns as Married filing Separate and not a Joint return.  But MFS is the worse way to file and has the highest tax rates.  And you can lose several credits by filing Separate.  


At this point that is not simple.    Your spouse must amend and change the first taxpayer on the joint return to filing separate, then remove the second taxpayers (spouse) information.    Then you file a new separate return.  All of those will need to be mailed since amended returns take 4-6 months to process.   Also, tax law does not permit changing from joint to separate after the due date of the return which is May 17 this year.

 

If you live in a community property state then you must allocate income between spouses and doing that with a LLC  involved might require professional help.

 

Overall you will both probably end up paying much more tax filing separate.

 

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
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