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LilMama23

Can a married couple LLC be filed as a disregarded entity for tax simplification?

My wife and I recently formed an LLC with equal 50/50 ownership and we file our taxes jointly as a married couple. When I was getting our EIN from the IRS, I selected multi-member LLC since there are technically two of us. But after doing more research on tax implications, I'm starting to think I made a mistake. I'm reading that we could have selected single-member LLC instead, which would let us file as a disregarded entity (basically like a sole proprietor) and make our tax situation much simpler. We're just getting started with this business and don't need the complexity of partnership returns right now. What I'm trying to figure out is: do I need to submit any specific paperwork (like Form 8832) to notify the IRS of this change? Or can we simply file our taxes as a disregarded entity next April without any formal notification? I've been finding mixed information suggesting we might be able to just decide this when we file, but I want to make sure I don't mess anything up. Anyone have experience with this situation? I'd really appreciate some guidance on the correct approach here!

You're in luck! For married couples who jointly own an LLC, the IRS has special provisions. If you're in a community property state and file jointly, you can actually treat your multi-member LLC as a disregarded entity without filing Form 8832. This is sometimes called the "qualified joint venture" election, which allows you to treat the business as a sole proprietorship for tax purposes. You'll file Schedule C with your joint return rather than a separate partnership return (Form 1065). This saves you from the complexity of partnership tax filings. If you're not in a community property state, you might need to take additional steps. The key is whether your state law considers your LLC as having one owner (the marital community) or two separate owners.

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Thanks, that's helpful! But I'm in Florida which isn't a community property state. Does that mean I have to file Form 8832 to be treated as a disregarded entity? And what about the fact I already told the IRS we were a multi-member LLC when getting the EIN? Do I need to get a new EIN if we change to being treated as a disregarded entity?

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Since you're in Florida (not a community property state), you have a few options. You can still elect to be treated as a "qualified joint venture" which allows spouses to avoid partnership treatment. You'd report the business on your joint return with each spouse filing a separate Schedule C for their share of the business. You don't need a new EIN if you change your tax classification. Your LLC can keep the same EIN, but you'll need to file Form 8832 to elect to be treated as a disregarded entity. Since you initially selected multi-member treatment, the IRS currently considers you a partnership by default, so the form would formalize your desire to be treated differently.

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How does it work with state tax filings? My wife and I have an LLC in Texas and we're trying to figure out if changing our federal classification affects state filing requirements too.

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I'm hesitant about these online tools. How accurate is the info compared to what a CPA would tell you? I've been burned before by tax software that missed important details for business owners.

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The tool actually addresses state-level implications when you input your location. For Texas specifically, it would show how your federal classification choice impacts your state obligations, including franchise tax requirements that vary based on your federal tax treatment. As for accuracy, I was skeptical too initially. The difference is taxr.ai isn't just generic software - it actually analyzes your specific documents and situation. I ended up having my CPA review the recommendations it gave me, and he was impressed with the accuracy. The platform is built on actual tax code and regulations, not just general advice, so it's catching all those important details that generic software might miss.

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I tried taxr.ai after seeing it mentioned here and I'm honestly impressed. I was expecting basic general advice, but it really did walk through the specific issues with my husband's and my LLC setup. It clarified that in our non-community property state, we needed to file Form 8832 because we had initially selected multi-member treatment with the IRS. The site even generated a customized checklist based on our situation. It showed exactly what elections we needed to make and the deadlines we needed to meet. Compared to the hours I spent trying to piece together information from various IRS publications, this was so much clearer.

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How exactly does this work? Don't you still have to wait on hold with the IRS? I don't understand how a third-party service could get you through faster than calling directly.

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It's actually using a technology that navigates the IRS phone tree and holds your place in line. When they reach a human representative, you get a call to connect with that person. So you're not waiting on hold - they are, and they notify you when someone's available. The system uses the same public IRS phone lines everyone else uses, but it handles the waiting part for you. That's why it's so helpful - you don't have to sit there listening to hold music for hours. And they're transparent about how it works in that video I linked, which shows the whole process.

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I was completely wrong about Claimyr. After posting my skeptical comment, I decided to try it since I'd been trying to reach the IRS for weeks about my own LLC issue. Within about 30 minutes, I got a call connecting me to an actual IRS agent who answered my specific questions about changing my LLC's classification. The agent confirmed that since my wife and I had originally gotten an EIN as a multi-member LLC, we did need to file Form 8832 to be treated as a disregarded entity, and explained exactly which boxes to check. This was information I couldn't find clearly stated anywhere online, and I'd wasted hours trying to get through to ask this specific question.

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One important thing nobody has mentioned yet - if you switch from a multi-member LLC to a disregarded entity classification, make sure you understand the self-employment tax implications. In a partnership, only your distributive share of income is subject to SE tax, but as a disregarded entity/sole proprietor, all business income is generally subject to SE tax. Also consider that as a partnership, you have more flexibility with special allocations of income and losses, which you lose as a disregarded entity. Might want to think through these implications before making the switch.

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Could you elaborate on the special allocations part? My husband and I have an LLC but he works in it full time while I only do about 10% of the work. Can we allocate income differently than our ownership percentages if we stay as a partnership?

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Yes, that's exactly the kind of situation where partnership treatment might be beneficial. As a partnership, you can allocate income in a way that doesn't strictly match ownership percentages, as long as you have what the IRS calls "substantial economic effect" - meaning there's a legitimate business reason for the allocation. So if your husband does 90% of the work, you could potentially allocate more of the income to him. When you're a disregarded entity or using the qualified joint venture election, you generally have to split everything based on ownership interests. So if you own 50/50, each spouse would report 50% of the income, regardless of who did more work in the business.

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Wait I'm confused about something basic. When you say "disregarded entity" does that mean you're dissolving the LLC? Or just changing how it's taxed? We have an LLC for liability protection but I don't want to lose that if we change the tax status.

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Disregarded" entity only refers to how the business is treated for tax purposes. Your LLC still exists as a legal entity providing liability protection under state law. The IRS "just" disregards it for federal tax purposes and treats the income as passing directly to you, similar to a sole proprietorship. So you keep all your liability protection!'It s just a tax classification that determines what forms you file. This separation between legal status and tax status is one of the benefits of an LLC - flexibility in how'you re taxed without changing your legalstructure.

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Just wanted to add my experience here - my wife and I went through this exact same situation last year. We initially filed as a multi-member LLC but realized we wanted the simplicity of disregarded entity treatment for our small consulting business. Since we're in a non-community property state (Ohio), we ended up filing Form 8832 to elect disregarded entity status. The process was actually pretty straightforward once we understood what we needed to do. We kept our original EIN and just changed the tax classification. One thing I wish someone had told us earlier - make sure you file Form 8832 by the deadline if you want the election to be effective for the current tax year. We almost missed it and would have had to wait until the following year for the change to take effect. The simplified tax filing has been worth it for us. Instead of dealing with Form 1065 and K-1s, we just file Schedule C with our joint return. Much less paperwork and complexity for a small business like ours.

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This is exactly what I needed to hear! Thanks for sharing your real experience with the process. Quick question about the deadline for Form 8832 - do you remember what the specific deadline was? I want to make sure I don't miss it like you almost did. Also, did you have to notify your state about the federal tax classification change, or was that automatic once you filed the federal form?

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