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You must file a Form 1065. You may not file the Schedule C to report your income.

 

The screen shot above is describing a qualified joint venture. 

 

A qualified joint venture is a joint venture that conducts a trade or business where (1) the only members of the joint venture are a married couple who file a joint return, (2) both spouses materially participate in the trade or business, and (3) both spouses elect not to be treated as a partnership.

 

An LLC does not qualify as a QJV unless it is in a community property state.

 

 A qualified joint venture, for purposes of this provision, includes only businesses that are owned and operated by spouses as co-owners, and not in the name of a state law entity (including a limited partnership or limited liability company.

 

Spouses as Joint Venture LLC Owners.

 

However, if the joint venture is incorporated as a legal entity -- such as an LLC -- under state law, the IRS qualification is not allowed and the venture is treated as a partnership unless the married joint venture owners live in a community property state.