Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 1 hour ago,

User Stats

59
Posts
5
Votes
Cameron Marmon
  • Investor
  • Richardson, TX
5
Votes |
59
Posts

Did I mess up when establishing this LLC for my wife and I?

Cameron Marmon
  • Investor
  • Richardson, TX
Posted

Hello everyone,

In July 2024, I created a partnership LLC with my girlfriend to buy a rental property. We are now married and I expect we'll file our 2024 taxes jointly. We live in Texas, a community property state, and are 50/50 owners. I assumed we would be able to file taxes for this LLC as a disregarded entity since we are married and in a community property state. However, when I requested our EIN the letter stated, "Based on the information received from you or your representative, you must file the following forms by the dates shown. Form 1065 03/15/2025."

So I think I messed up when establishing this LLC and chose for it to be treated as a partnership. Do I now need to change our elected status or tax classification to be a disregarded entity? Or am I just SOL and need to file a partnership return and issue K-1's to each of us? Or can I do nothing and file it on Sch E since we are married in a community property state?

Any guidance is appreciated and I know it's not tax nor financial advice, just your thoughts.

Loading replies...