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Texas is one of community property state and IRS respect taxpyer's election to be treated as either disregarded entities or partnership for a business owned by a husband and wife in a community property state. The husband and wife can be considered as a single unit and treated as disregarded entity based on IRS Revenue Procedure 2002-69

(1)  File one Schedule C for qualfied entities if

  • The business entity is wholly owned by a husband and wife as community property under the laws of a state, a foreign country, or a possession of the United States;
  • No person other than one or both spouses would be considered an owner for federal tax purposes; and
  • The business entity is not treated as a corporation under § 301.7701-2.

OR

(2) File two Schedule C's for Elected Joint Venture status if: 

  • The only members of the joint venture are the spouses;
  • Both spouses materially participate (within the meaning of Sec. 469(h), ignoring paragraph (5) thereof) in the business; and
  • Both spouses elect this treatment.

Please see this article for your reference: LLC owned soley by spouses: A partnership or a joint venture? 

 

 

 

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