Why sign in to the Community?

  • Submit a question
  • Check your notifications
Sign in to the Community or Sign in to TurboTax and start working on your taxes
Level 2
posted Apr 16, 2023 4:51:47 PM

Domestic General Partnership vs Domestic Limited liability company for a HUsband/Wife member LLC

My husband and I are the only two members of an LLC that we manage our residential rental real estate under. My CPA has always filed my taxes and he has identified it as a DOMESTIC GENERAL PARTNERSHIP up until now. I have downloaded and installed Turbotax Business this year and selected Domestic LLC based on the descriptions and my understanding of the Corporation. 

Which one is a husband and wife, two equal member LLC ? Please advise. 

0 3 2690
3 Replies
Expert Alumni
Apr 16, 2023 5:14:38 PM

Please clarify if your accountant filed a Form 1065 for your Partnership.

Level 2
Apr 16, 2023 7:44:21 PM

Yes, He has filed 1065. Also, I have now finished the Business filing [short of actually filing], and all the forms I have from the TurboTax filing match what he has had in the prior year filings.

The big differences are:

1) Total Assets in #F in his filing has a value and mine with Turbo Tax filing foes not. 

2) Schedule L has a beginning and ending tax balances in his filings and mine with TirboTax do not. 

I am guessing both #1 and #2 are because I have opted not to create a Balance Sheet. Turbotax tells me I have an option not to if the following conditions meet and my LLC meets all the conditions. I hope I am OK there??

The IRS does not require you to complete the schedules listed below if this partnership has:
- less than $250,000 in total receipts
- less than $1,000,000 end-of-year assets, and
- provides Schedules K-1 to its partners.

3) In Schedule K-1, in #20, his filing from last year says "Z*  See attached statement" and mine from Turbotax says "N* See attached statement" I do not quite know the difference between Z and N.

 

IF you could help clarify the additional questions as well, I'd be grateful. Thank you!!

Level 2
Apr 16, 2023 7:59:56 PM

https://www.irs.gov/businesses/small-businesses-self-employed/llc-filing-as-a-corporation-or-partnership#:~:text=A%20domestic%20LLC%20with%20at,be%20treated%20as%20a%20corporation. 

 

I found this on the IRS site ...  stating Multimember LLCs [>=2] is considered a Partnership for IRS TaxFiling purposes. So I am going to change my business classification from Domestic Limited Liability to Domestic General Partnership. Please let me know if you disagree.  

Also, I would still appreciate your responses to my other Questions in the prior post. 

 

Thank you!