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Get your taxes done using TurboTax
The rules for a married couple LLC to be considered a disregarded entity in a community property state are set for in Rev. Proc. 2002-69:
(1) 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;
(2) No person other than one or both spouses would be considered an owner for federal tax purposes; and
(3) The business entity is not treated as a corporation under § 301.7701-2.
If you decide the take the foregoing route, then you would each need to file a separate schedule (Schedule E in this case) representing your interest in the property (presumably 50% each).
August 28, 2023
6:47 AM