Business & farm

Thanks for the reply, @Mike9241, but the IRS specifically states that LLCs (and other state law entities) do not qualify for the election to be treated as a Qualified Joint Venture. See here:

 

A Business Owned and Operated by the Spouses through a Limited Liability Company Does Not Qualify for the Election

 

Only businesses that are owned and operated by spouses as co-owners (and not in the name of a state law entity) qualify for the election. See Rev. Proc. 2002-69, 2002-2 C.B. 831, for special rules applicable to married couple state law entities in community property states.