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rworden
New Member

Is it a good idea, and how would I file my business as a qualified joint venture between myself and my spouse?

Don’t want to go through the trouble of 1065 and would like each of us to get different amounts applied to SSA and still do a schedule C
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2 Replies
MaryK4
Employee Tax Expert

Is it a good idea, and how would I file my business as a qualified joint venture between myself and my spouse?

It is a good idea to file as a qualified joint venture if you can - it is easier and saves time and money when compared to the 1065.

You would have to file two separate Schedule Cs with your tax return- one for each of you.  You could allocate the amount of income and expenses as long as the totals match your books.  

 

For more details see Election for married couples unincorporated businesses.

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Is it a good idea, and how would I file my business as a qualified joint venture between myself and my spouse?

If you don't file as an LLC, then you can file as a QJV, where each spouse includes a schedule C in their own name that reports their share of income and expenses (it could be, but does not have to be 50/50).  Both schedule Cs get attached to your 1040 with the rest of your income and deductions.

 

Another option that avoids a partnership return (form 1065) would be for one spouse to have the business (schedule C) and pay the other spouse a wage on a W-2.  This has different paperwork challenges from a 1065, but may still be more complicated than filing as a QJV.  

 

If you decide to form an LLC, then you have to file a partnership return unless you are in a community property state.  Legal protections offered by the LLC form vary from state to state, you should always talk to a local attorney before you form an LLC. 

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