DianeW777
Expert Alumni

Business & farm

Yes, that would qualify you if you jointly own the businesses (hers and yours) and file two Schedule Cs.  

 

An unincorporated business jointly owned by a married couple is generally classified as a partnership for Federal tax purposes. For tax years beginning after December 31, 2006, the Small Business and Work Opportunity Tax Act of 2007 (Public Law 110-28) provides that a "qualified joint venture," whose only members are a married couple filing a joint return, can elect not to be treated as a partnership for Federal tax purposes.

 

How to make the election: (As noted by @PatriciaV)

Spouses make the election on a jointly filed Form 1040 or 1040-SR by dividing all items of income, gain, loss, deduction, and credit between them in accordance with each spouse’s respective interest in the joint venture, and each spouse filing with the Form 1040 or 1040-SR a separate Schedule C (Form 1040 or 1040-SR), Profit or Loss From Business (Sole Proprietorship). For example, to make the election for 2022, jointly file your 2022 Form 1040 or 1040-SR, with the required schedules (see below). The partnership terminates at the end of the taxable year immediately preceding the year the election takes effect. 

 

@Joshraj75 

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