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It's perfectly legal to have a sole proprietorship with a spouse employee. If you and your spouse co-own the business but don't incorporate or create an LLC, your business will usually be a general partnership.
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.
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.
Spouses electing qualified joint venture status are treated as sole proprietors for Federal tax purposes.Each spouse must file a separate Schedule C (or Schedule F) to report profits and losses and, if otherwise required, a separate Schedule SE to report self-employment tax for each spouse.
Married couples have the option to file jointly or separately on their federal income tax returns.In the vast majority of cases, it's best for married couples to file jointly, but there may be a few instances when it's better to submit separate returns.
You do not need to name a spouse as a member of an LLC. While there are some beneficial reasons for naming your spouse, there is no law or regulation that states you must. An LLC is a limited liability company recognized by the IRS. It's nothing more than a partnership that has preferential liability protection.
You do not need to name a spouse as a member of an LLC. While there are some beneficial reasons for naming your spouse, there is no law or regulation that states you must. An LLC is a limited liability company recognized by the IRS. It's nothing more than a partnership that has preferential liability protection.
Note: If an LLC is owned by husband and wife in a non-community property state, the LLC should file as a partnership. LLCs owned by a husband and wife are not eligible to be "qualified joint ventures" (which can elect not be treated as partnerships) because they are state law entities.
Generally, a spouse can actually work for a limited liability company (LLC) without receiving pay. While federal and state wage and hour laws usually require that anyone who works for a private company such as an LLC must receive payment for their work, spouses are often exempt from these requirements.
As a sole proprietor, you can hire your spouse to be an employee. But, your spouse must be a legitimate employee.If your spouse is your employee, their wages are not subject to federal unemployment tax (FUTA tax). However, their wages are still subject to federal income and FICA taxes.