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Updated almost 9 years ago,
Husband and wife LLC. Single member or not?
In setting up my LLC in North Carolina (a community property state) is it preferable, for tax reasons, to set it up with only one of us as a member or both? My CPA says it is better not to have things set up as a partnership for tax reasons. In my own investigations, I have found that if the LLC is a "qualified entity," and the LLC, and the husband and wife as community property owners, treat the LLC as a disregarded entity for federal tax purposes, the Internal Revenue Service will accept the position that the entity is a disregarded entity for federal tax purposes by filing Form 8832. In that case, the husband and wife would report the income and expenses of the LLC on Schedule C of their Form 1040. Is this the best way to handle this?