Business & farm

@ScruffyCurmudgeon -- feeling a bit lost here, and was hoping you could provide input on this post of mine: Do I Combine or Split Schedule C & SE? Married Couple LLC in Community Property State.

 

TurboTax indicates an unincorporated LLC wholly owned by spouses in a community property state is treated like how you mentioned in your post in this thread (income split on Schedule Cs and Schedule SEs if treated as a disregarded entity), but IRS Publication 541, Partnerships says (under "Community Property") that "Spouses who own a qualified entity (defined below) can choose to classify the entity as a partnership for federal tax purposes by filing the appropriate partnership tax returns. They can choose to classify the entity as a sole proprietorship by filing a Schedule C (Form 1040) listing one spouse as the sole proprietor."

 

...Nowhere else (that I can find) does the IRS mention this, and they still don't clarify how Schedule SE would be treated (one Schedule SE in the name of the spouse listed on the Schedule C or is income still split between spouses on Schedule SEs), but nowhere can I find that the IRS says to split Schedule Cs and Schedule SEs, either, as in your answer or how TurboTax indicates, which is so frustrating!

 

Also, a note that LLCs can't be treated as a Qualified Joint Venture. The qualifications regarding "Joint Ownership of LLC by Spouse in Community Property States" is a completely separate exception, at least as treated by the IRS, it seems.