How do married couples file taxes for an LLC?
Matthew Harrington
Updated on December 29, 2025
To make the election, income, deductions, asset gain or loss must be divided between each spouse based on the percentage of their ownership in the LLC. Then each spouse must file a separate Schedule C or C-EZ and will also file a Schedule SE to pay any self-employment tax.
Do I have to file my business taxes with my personal taxes?
As a sole proprietor, you will have to file the income you acquire from your business on a Schedule C form. This form is filed along with your personal income taxes. If you file this way, you cannot file a tax return for your business separately.
Should your spouse be on your LLC?
The straightforward answer is no: You are not required to name your spouse anywhere in the LLC documents, especially if they aren’t directly involved in the business. However, there are some occasions where it may be helpful or necessary to include your spouse.
Should my husband be a member of my LLC?
If an LLC is owned by a husband and wife in a non-community property state the LLC should file as a partnership. However, in community property states you can have your multi-member (husband and wife owners) and that LLC can get treated as a SMLLC for tax purposes.
Can I do my personal taxes separate from my business taxes?
Can I File My Personal and Business Taxes Separately? You can only file your personal and business taxes separately if your company it is a corporation, according to the IRS. A corporation is a business that’s seen as an entity separate from its owner(s) that pays its own tax.
Is a business a marital asset?
If the business interest was acquired during the marriage, with joint funds, it is considered marital property, and the value should be shared by the spouses equally. If the business interest was owned prior to the date of marriage, or acquired with separate funds, it should be considered separate property.
Does a two member LLC have to file a tax return?
What is an LLC Partnership? Multi-member LLCs are taxed as partnerships and do not file or pay taxes as the LLC. From their share of LLC profits, each owner can pay themselves with a distribution. While the owner doesn’t have to pay additional income tax on their distribution, they do have to pay self-employment tax.
Do I have to file taxes for my LLC if it has no income?
All corporations are required to file a corporate tax return, even if they do not have any income. If an LLC has elected to be treated as a corporation for tax purposes, it must file a federal income tax return even if the LLC did not engage in any business during the year.
Does a husband and wife LLC have to file a partnership return?
A business jointly owned and operated by a married couple is a partnership (and should file Form 1065, U.S. Return of Partnership Income) unless the spouses qualify and elect to have the business be treated as a qualified joint venture, or they operate their business in one of the nine community property states.
Can my wife file taxes if she doesn’t work?
You and your wife can file a joint federal income tax return even if she doesn’t work. In most cases, your tax liability will be lower. Although your wife must file a tax return if she has unearned income that exceeds the limit the IRS allows, filing a joint rather than separate return can be advantageous to you both.
If you are a sole proprietor, you would file your business income and expenses on Schedule C which is filed with your personal income tax return. You cannot file a separate tax return for the business. If you are a partner, you would first file IRS Form 1065, U.S. Return of Partnership Income.
How does a 2 member LLC file taxes?
Multi-member LLCs are taxed as partnerships and do not file or pay taxes as the LLC. Instead, the profits and losses are the responsibility of each member; they will pay taxes on their share of the profits and losses by filling out Schedule E (Form 1040) and attaching it to their personal tax return.
How does a husband and wife LLC file taxes?
Each of you must file a separate Schedule C, C-EZ, or F. On each line of your separate Schedule C, C-EZ, or F, you must enter your share of the applicable income, deduction, or loss. Each of you must also file a separate Schedule SE to pay self-employment tax, as applicable.
When does one spouse own a business they have to file a tax return?
When one spouse owns a business, the couple will have a more complicated tax return. The business-owner spouse must file the following forms with the couple’s joint return to report and pay taxes on the income the business earns:
Can a LLC loss be claimed on an individual tax return?
According to the tax code, all of the losses from the LLC are able to be claimed and included on the individual income tax returns. However, the proportion of the business loss has to be equivalent to the fair proportion that was outlined in the operating agreement of the LLC.
Do you have to file individual tax return for LLC?
Instead of having to file a corporate income tax return for company revenue, and an individual tax return for the disbursed profits (which is referred to as corporate double taxation) LLC members file a single return and pay their taxes just one time.