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Can I file jointly with my spouse if we are in business together and own a company. or do I have to file separately ?

 
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DanielV01
Expert Alumni

Can I file jointly with my spouse if we are in business together and own a company. or do I have to file separately ?

You may file a joint return.  The question is how you file your business income.  If you have a structure as a corporation, an S-corporation, a partnership, or an LLC, you must file the correct business return to report the income for each of you that will then filter to your personal tax return via Schedules K-1 or other reporting documents.  However, if your structure is self-employed, you have the option as a couple to file your business income as a qualified joint venture. If you decide this treatment, you may make an election on your tax return that you and your spouse wish for the business to be treated as a qualifying joint venture.  You may then prepare an initial Schedule C to determine the overall amounts, and then split the amounts onto 2 separate Schedules C on the percentage amount you agree to (50/50, 60/40, etc.).  You then include both Schedules C on your joint return.

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