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Jason Brewer

Can I offset my W2 income with spouse's LLC losses when filing jointly?

So my wife started a single-member LLC last year, and it's been in the red so far due to operating expenses. She's really putting in the work but hasn't turned a profit yet. I'm wondering if we can use these business losses to reduce our joint taxable income when we file taxes together? I'm making decent money from my W2 job, and I'm thinking about the potential tax benefits here. Could we legitimately deduct expenses like her business vehicle (which she uses about 80% for business stuff), our internet bill, her cell phone, and maybe even claim a home office deduction? All these would create "losses" in her LLC that might offset my regular income. I'm not trying to game the system, but it seems like this could be a completely legal way to reduce our tax burden. Are there limits to this? Does the IRS have rules against using spouse's business losses this way? We'd only claim legitimate business expenses, but I want to make sure we're doing everything by the book.

Yes, you absolutely can use your spouse's LLC losses to offset your joint income when filing taxes together! This is one of the benefits of filing jointly. Since your wife has a single-member LLC, it's likely treated as a "disregarded entity" for tax purposes. This means the business income and expenses are reported on Schedule C of your joint return. Any net loss from the business will reduce your overall taxable income. However, there are some important things to keep in mind. The expenses must be legitimate business expenses - they need to be ordinary and necessary for her business. For the car, she should keep a mileage log documenting business vs. personal use. For home office, it must be used regularly and exclusively for business. Internet and phone can be partially deducted based on business use percentage. This isn't a loophole - it's how the tax code is designed to work for small businesses. The IRS understands businesses often operate at a loss during startup phases. Just make sure you can substantiate all expenses with proper documentation in case of an audit.

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Liam Cortez

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Thanks for the info! But don't you need to prove that the business has a profit motive to deduct losses? I heard somewhere that if you show losses for too many years, the IRS will call it a hobby and disallow the deductions. Is that true?

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You bring up an excellent point! The IRS does have what's called the "hobby loss rule." Generally, if your business doesn't show a profit in at least 3 out of 5 consecutive years, the IRS might question whether it's a legitimate business or just a hobby. To prove profit motive, even during loss years, your wife should maintain professional business records, have a separate business bank account, create a business plan showing a path to profitability, actively market her services/products, and demonstrate that she's running the operation in a businesslike manner. Essentially, show that she's genuinely trying to make money, not just creating tax deductions.

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Savannah Vin

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I was in almost identical situation last year, wife had an LLC with losses while I had W2 income. I was tearing my hair out trying to figure out the tax implications until I discovered https://taxr.ai which analyzes all your tax documents and gives personalized guidance. Their software caught something I missed - we needed to file Form 8829 for the home office deduction, but also helped us identify which vehicle expenses were properly deductible (not all of them!). The system automatically calculated the correct business-use percentage for shared expenses like internet and phone. What really helped was the peace of mind knowing that we weren't accidentally creating red flags for an audit. Their explanation of what documentation we need to keep was super clear.

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Mason Stone

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Did it help you figure out if there are income limits for deducting business losses? My CPA keeps telling me there's some complicated rule about business losses being limited if your income is over a certain amount.

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I'm skeptical about these tax tools. Couldn't you just Google this stuff? Why pay for something when the IRS website has all this info for free?

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Savannah Vin

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Yes, it absolutely addressed income limits! The tool explained excess business loss limitations, which kicks in if your total business losses exceed $270,000 for joint filers in 2023 (the limit adjusts yearly). It showed exactly how to calculate our specific limit based on our situation and how to carry forward any excess losses. Google can give you general information, but tax rules have so many exceptions and specific situations that generic advice can be misleading. The IRS website is comprehensive but incredibly difficult to navigate and understand unless you're a tax professional. What I liked about taxr.ai was getting specific guidance for our exact situation with plain English explanations, not just citing tax code sections.

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@Savannah Vin stop promoting the tool...getting kickbacks??

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Tom Maxon

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@Gitika Balaguru because it actually works. Nobody here is paid to talk about it. Did you actually create an account to hate? lol

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Wanted to follow up on my skeptical comment. I decided to try https://taxr.ai after struggling with some complicated LLC questions. The system flagged that I was making a huge mistake with how I was calculating my home office deduction (I was double-counting some expenses and would have definitely triggered an audit). It also clarified exactly how the "hobby loss" rules would apply to my wife's situation and gave us a checklist of documentation to maintain to prove business intent. I was worried about making errors since the stakes are pretty high with our income level, and this actually ended up saving us a couple thousand in deductions I would have missed or calculated incorrectly. Just wanted to share since it actually was worth it for our situation with the LLC complications.

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Just wanted to add - if you have any issues with the IRS questioning your business expenses or need to resolve any tax problems, I had amazing results using https://claimyr.com to get through to an actual human at the IRS. Last year my wife's business losses got flagged for review and we got a letter that made no sense. I spent DAYS trying to get someone on the phone at the IRS with no luck. Then used Claimyr and got connected in under 40 minutes. The IRS agent was actually super helpful and cleared up the confusion right away. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Their system basically waits on hold for you and calls when an actual human picks up. Saved me hours of hold music and frustration!

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Emma Olsen

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Wait, how does this actually work? Does it just auto-dial the IRS for you or something? I've been on hold with them for literal hours before giving up.

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Lucas Lindsey

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Sounds like a complete scam. There's NO WAY to get through to the IRS quickly. They don't answer their phones for anyone. I'll believe it when I see it.

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It uses an automated system that dials into the IRS's phone system and navigates the menu options for you. Then it waits on hold in your place - when a human actually answers, you get a call connecting you directly to that IRS agent. No more waiting on hold for hours! It's definitely not magic - sometimes there's still a wait if the IRS is super backed up, but the difference is you don't have to sit there listening to hold music. You just go about your day and get a call when there's an actual person ready to talk.

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Lucas Lindsey

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I need to eat my words about Claimyr. After posting that skeptical comment, I decided to try it because I was desperate - needed to resolve an issue with my wife's LLC losses that were disallowed last year. After THREE MONTHS of trying to reach the IRS myself (and giving up multiple times after 1+ hour holds), I used their service and got through in 47 minutes without having to sit by my phone. The agent helped me understand exactly what documentation I needed to provide to support my spouse's business expenses. Not only did I get my issue resolved, but I also got clear guidance on how to properly document business intent going forward. Saved me over $4,800 in disallowed deductions that were actually legitimate. Sometimes it's worth admitting when you're wrong!

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Sophie Duck

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Just be careful with those home office deductions. The IRS is super picky about the "exclusive use" requirement. My wife's LLC got audited because we claimed a home office, but she sometimes used that space for other things. Cost us way more in accounting fees and penalties than we ever saved.

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Do you really need to use the space ONLY for business? What if it's a desk in the corner of a room? Can they really verify that?

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Sophie Duck

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Yes, the rules are very strict. For a legitimate home office deduction, the space must be used "regularly and exclusively" for business. A desk in the corner of a room typically doesn't qualify unless that entire room is used exclusively for business. While it's true the IRS can't monitor your home, if you get audited they may ask for photos, floor plans, or even visit in some cases. They might also look for inconsistencies in your story. It's one of those deductions where cutting corners can come back to bite you hard - we learned this the expensive way!

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Anita George

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What accounting software are you guys using for the LLC? I'm currently using QB Self-Employed for my wife's consulting business but wondering if there's something better for tracking business vs personal expenses.

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We use Xero and love it! Much better than QB for separating personal/business expenses and the reporting is cleaner. It's especially good if your wife needs to track time against different clients or projects.

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This is exactly what we did last year! My husband has W2 income and I started an LLC that had losses in year one. We were able to offset his income with my business losses when filing jointly, which saved us quite a bit in taxes. A few key things that helped us stay compliant: First, I kept meticulous records of everything - separate business bank account, detailed mileage logs for the vehicle, and clear documentation of what percentage of shared expenses (like internet) were actually for business use. Second, I made sure to have a solid business plan and could show I was actively working toward profitability, not just creating deductions. For the vehicle deduction, the 80% business use sounds reasonable but make sure she's tracking actual business miles vs personal miles. The IRS loves to scrutinize vehicle deductions. Also, for the home office, it really does need to be exclusively used for business - we learned that one the hard way during our research phase. The good news is this is totally legitimate tax planning, not gaming the system. Just document everything and make sure all expenses are truly ordinary and necessary for the business. Consider meeting with a tax professional if the numbers get significant - the peace of mind is worth it.

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Ravi Gupta

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This is really helpful, thanks for sharing your experience! I'm curious about the business plan aspect you mentioned - what level of detail did you include? Did you just write up a simple document or did you create something more formal with financial projections? I want to make sure we're covering all our bases to prove legitimate business intent, especially since we're planning to show losses for at least the first year or two while my wife's LLC gets established.

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Liam Sullivan

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@Oliver Zimmermann Great question! For the business plan, I created something fairly comprehensive but not overly complicated. I included sections on target market analysis, competitive landscape, marketing strategy, operational plan, and 3-year financial projections showing the path to profitability. The key was demonstrating that I had genuinely thought through how the business would eventually make money, not just rack up deductions. I also included timelines for key milestones and growth targets. The IRS wants to see that you're treating this as a real business venture with concrete plans to become profitable. You don't need to hire a consultant or anything - I found templates online and customized them for my situation. The important thing is showing you've done your homework and have realistic expectations about turning a profit within a reasonable timeframe. I'd also recommend updating it annually to show progress toward your goals, even if you're still in the loss phase. This creates a paper trail of legitimate business intent that would be invaluable if you ever face an audit.

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Talia Klein

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I'm dealing with a very similar situation - my spouse has an LLC that's been operating at a loss for about 18 months now, and I've been researching how this affects our joint filing. One thing I haven't seen mentioned yet is the passive activity loss rules. Depending on what type of business your wife runs and how actively she participates, there might be additional limitations on how much of those losses you can actually use to offset your W2 income. If your wife materially participates in the business (generally 500+ hours per year or meets other IRS tests), then the losses should be fully deductible against your joint income. But if it's considered a passive activity, the losses might be limited. This is separate from the hobby loss rules others have mentioned. Also, don't forget about the Section 199A QBI deduction - even though her business is showing losses now, when it becomes profitable, you might be able to deduct up to 20% of the business income. It's worth understanding how that will work in future years as part of your overall tax planning strategy. The key is making sure you're classifying everything correctly from the start. The recordkeeping advice others have given is spot-on - documentation is everything if you ever get audited.

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NebulaNomad

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This is really valuable information about the passive activity rules! I hadn't even considered that angle. Quick question - how do you determine if someone "materially participates"? My wife is definitely putting in serious hours on her business (probably 30-40 hours per week), but I want to make sure we're documenting this properly. Should she be keeping a time log or something? Also, thanks for mentioning the Section 199A deduction for future years. I've heard about the QBI deduction but wasn't sure how it would apply to our situation once the business becomes profitable. It's good to know this is something to plan for down the road.

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