ColeenD3
Expert Alumni

Business & farm

It depends how you chose to have it treated. Since you live in a community property state, you are allowed to have an LLC be considered a Qualified Joint Venture. If you defaulted as a Schedule C, you don't have to do anything.

 

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.

 

 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 community property state.