AliciaP1
Expert Alumni

Business & farm

Yes, married LLC's in community property states can be considered a disregarded entity which marks the box in line 3 for Individual/Single member LLC.  If your business has a name, not a dba, you should enter it on line 1 if you're going to use it on your Schedule C and use the business' EIN in Part I.  Since you are an LLC, this should apply to you.  

 

Per the IRS:

If there is a qualified entity owned by a husband and wife as community property owners, and they treat the entity as a:

  • Disregarded entity for federal tax purposes, the Internal Revenue Service will accept the position that the entity is disregarded for federal tax purposes.
  • Partnership for federal tax purposes, the Internal Revenue Service will accept the position that the entity is partnership for federal tax purposes.

A change in the reporting position will be treated for federal tax purposes as a conversion of the entity.

A business entity is a qualified entity if;

  1. The business entity is wholly owned by a husband and wife as community property under the laws of a state, a foreign country, or possession of the United States;
  2. No person other than one or both spouses would be considered an owner for federal tax purposes; and
  3. The business entity is not treated as a corporation under IRC §301.7701-2.

Note: If an LLC is owned by husband and wife in a non-community property state, the LLC should file as a partnership. LLCs owned by a husband and wife are not eligible to be "qualified joint ventures" (which can elect not be treated as partnerships) because they are state law entities.

 

[Edited 01/26/2023 | 10:41 AM PST]

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