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Returning Member
posted Mar 30, 2022 11:07:54 AM

setting up llc disregarded entity for spouses

we have created an LLC for 4 rental properties, the LLC is owned by spouses in community property state so its considered disregarded entity.  When i enter the LLC business information, if i select its owned by both husband and wife, it forces me to break into 2 businesses, each owned 50%.    Since its supposed to be treated as sole owner for tax purposes, should i be entering it as if only one of us owns it?  if i enter it as 2 50%, the QBI seems to be all messed up, unless i need to change more than that.

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5 Replies
Expert Alumni
Mar 30, 2022 11:25:00 AM

You should enter two separate but equal activities.

 

As noted by you if you are in a community property state you can choose a disregarded entity and file a Schedule E for each of you by splitting income and expense. You would also have to split the cost of buildings, land for each building and any capital improvements as well as other assets such as appliances.

 

SMLLC IRS 

If an LLC is owned by husband and wife in a non-community property state, the LLC should file as a partnership. LLCs owned by a husband and wife are not eligible to be "qualified joint ventures" (which can elect not be treated as partnerships) because they are state law entities. For more information see Election for Husband and Wife Unincorporated Businesses.

 

The qualified business income deduction (QBID) should be the same since it will be the net result for each of you on your separate rental activities. Make sure you are answering the question in both rental activities about the QBI.

 

Returning Member
Mar 30, 2022 12:00:51 PM

So i'd have to split each of the 4 rental properties also?  how would i even do that when they were first entered in 6-10 years ago and have been depreciating?

Expert Alumni
Mar 30, 2022 12:20:26 PM

You can use the depreciation worksheet from last year and split everything in half (half the cost for each asset placed in service, half the land cost for the rental property and then the original date placed in service).  Enter each asset, using half the cost, once under your own rental activity and then again under your spouse's rental activity. Use the original date placed in service for each one and the end results will be exactly the same as they are now. It will just be split equally between your two rental activities. TurboTax will know all the prior depreciation and the current amount for each of you.

 

This will make a seamless process for each activity and they will be equal just as you want them to be.

Returning Member
Apr 5, 2022 10:08:40 AM

I'm still trying to get everything linked together correctly.

When i get to the Enter Name and Employer ID number,  I treat this as a single member LLC, so i enter the LLC name and EIN number?  Again this is Rental property owned by husband and wife in community property state.

Expert Alumni
Apr 5, 2022 11:28:22 AM

No. You will use your social security number (SSN) since this is a disregarded entity. 

 

This applies to your quarterly estimated tax payments as well.  

 

However, you can use either your SSN or EIN when receiving 1099-MISC income or 1099-NEC income. Just make sure to report all these 1099s under your Schedule C since they all relate to your LLC business income. Also you can use your EIN for your LLC when necessary like if purchasing property for your LLC or filing your Sales tax report with your state's Department of Revenue.