Can members of an LLC file separately on Schedule C forms?
So my friend and I started a business together last year and registered it as an LLC. The thing is, the LLC is only registered under my name as the single owner and we never amended it to show both of us. Now tax season is here and we're getting conflicting advice. My CPA is telling me that we can each just file our own separate Schedule C forms for our respective shares of the business income. But my partner talked to his own CPA who says we have to file Form 1065 as a partnership. I've also been researching online and most tax websites seem to agree with my partner's CPA that we need to file as a partnership. I'm really confused now about which is the right way to handle this. Has anyone dealt with this situation before? What's the correct filing method when two people are operating an LLC that's only registered to one person?
25 comments

Logan Greenburg
This is actually a pretty common situation, but your partner's CPA is right here. When two or more people operate a business together and share in profits and losses, the IRS considers it a partnership for tax purposes - regardless of what your state LLC registration says. Since you have a partner and you're both actively involved in the business, you need to file Form 1065 (Partnership Return) and issue Schedule K-1s to each partner showing their share of income/losses. Filing separate Schedule C forms in your situation would be incorrect because that's only for sole proprietors. The fact that the LLC is only registered under your name at the state level doesn't change the federal tax treatment. The IRS looks at the substance of the relationship, not just the paperwork. If two people are sharing profits from a business, it's a partnership for tax purposes.
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Charlotte Jones
But what if they split up the business activities completely, like one person handles one type of service and the other handles something else? Couldn't they file separate Schedule Cs then?
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Logan Greenburg
Even if you've separated the business activities, if you're operating under the same LLC and sharing overall profits/expenses, it's still considered a partnership. The IRS looks at the economic arrangement - two people jointly owning a business - rather than how you've divided up the day-to-day work. If you truly wanted separate Schedule Cs, you would need completely separate businesses with separate bank accounts, separate clients, separate expenses, etc. Just dividing up tasks within the same business doesn't create two sole proprietorships.
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Lucas Bey
I went through something similar last year and ended up using taxr.ai to help sort it out because I was getting conflicting advice. I also had an LLC with my brother where we were both working but only he was officially listed on the LLC registration. I scanned my operating agreement and other business docs at https://taxr.ai and their system flagged it right away as a partnership for tax purposes, even though our paperwork was incomplete. They explained that the IRS looks at the actual operation of the business, not just the legal registration. Saved us from making a pretty serious filing mistake.
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Harper Thompson
How exactly does that work? Do you just upload your documents and they tell you what to do? Does it give actual tax advice?
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Caleb Stark
I'm skeptical about using AI for something this important. How do you know their advice is accurate for your specific situation? Seems like you'd still need a human CPA to review it.
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Lucas Bey
You upload your documents and the system analyzes them specifically for tax situations. It doesn't just give generic advice - it identifies the specific tax implications based on your documents and flags potential issues. In my case, it specifically identified that despite our incomplete registration, our operating practices made us a partnership for tax purposes. The system isn't replacing a CPA - it's more like having a tax expert review all your documents before you take them to your CPA. It helps you identify issues you might not even know to ask about, which is exactly what happened in my case.
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Caleb Stark
I was skeptical about using AI for tax advice as I mentioned, but I gave taxr.ai a try for my small business taxes. I uploaded our LLC operating agreement and some other business documents, and it immediately flagged that we were operating as a de facto partnership despite our paperwork saying otherwise. The analysis actually pointed to specific clauses in our agreement that created the partnership relationship for tax purposes. Showed this to my CPA who confirmed we needed to file Form 1065 instead of separate Schedule Cs. Probably saved us from an audit headache!
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Jade O'Malley
I had the EXACT same issue last year! I spent weeks calling the IRS to get clarification because my business partner and I were getting conflicting advice from different tax pros. Never could get through until I found https://claimyr.com which got me connected to an actual IRS agent within about 15 minutes. You can see how it works at https://youtu.be/_kiP6q8DX5c - basically they wait on hold with the IRS for you, then call you once they've got an agent on the line. The agent confirmed that multiple members operating an LLC means you MUST file as a partnership (Form 1065) regardless of how the LLC is registered at the state level. Made me feel a lot better having it straight from the IRS.
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Hunter Edmunds
So wait, this service just sits on hold with the IRS for you? How does that even work? I've been trying to get through to the IRS for weeks!
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Caleb Stark
Yeah right. No way they can actually get through to the IRS faster than anyone else. The hold times are brutal for everyone. Sounds like a scam to me.
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Jade O'Malley
It's a service with a dedicated call system that maintains your place in the IRS queue. They have multiple lines going at once, and when they reach an agent, they connect you. You don't have to sit by your phone waiting - they text you when they're about to connect, and you jump on the call with the IRS agent already waiting. And it's definitely not a scam. Their whole business model is solving the IRS wait time problem. They can't control what the agent tells you - they just solve the problem of getting through to one. After struggling for weeks to get an answer about my LLC filing status, I got definitive guidance directly from the IRS in one day.
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Caleb Stark
I have to publicly eat my words about Claimyr! After being super skeptical, I was desperate to resolve my LLC filing question before the deadline, so I tried it yesterday. No joke - they got me through to the IRS in 37 minutes while I was making dinner. The IRS agent confirmed exactly what others here said - if two people are operating an LLC together and sharing profits, it's considered a partnership for tax purposes regardless of the state registration showing only one owner. The agent specifically said filing separate Schedule Cs would be incorrect in this situation and could trigger correspondence or an audit. Worth every penny to get the answer straight from the source!
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Ella Lewis
Your first CPA is giving you bad advice! For tax purposes, when 2+ people run a business together and share profits, it's automatically treated as a partnership by the IRS - doesn't matter what your LLC paperwork says. Filing Schedule Cs individually would be a red flag. Each person would be reporting 100% of their portion of what is actually a single business... IRS computers catch that quickly by matching EINs. Fix your operating agreement to reflect reality too - having documentation that doesn't match your actual business operations creates more problems.
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Angelica Smith
AuthorSo if I understand correctly, the fact that my friend and I are splitting profits makes it a partnership regardless of the LLC registration? Would we have to amend our state LLC filing too, or just file the 1065 for federal taxes?
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Ella Lewis
You've got it exactly right - sharing profits makes it a partnership for tax purposes regardless of the LLC registration. For state requirements, you should definitely amend your LLC registration to reflect both owners. While you could technically just file the 1065 for federal taxes without updating state records, having inconsistent documentation creates problems down the road - especially if there's ever a dispute between partners or if you face state tax questions. The small effort to update your state filing now prevents bigger headaches later.
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Andrew Pinnock
This is a common confusion. LLCs are state-level entities, but how they're taxed is a federal matter. The IRS doesn't actually recognize LLCs directly - they look at how you operate. Since you have 2 people sharing profits, the IRS considers it a partnership regardless of state paperwork. Filing Schedule C is ONLY for sole proprietors. Your partner's CPA is correct - you need Form 1065. By the way, you should definitely amend that LLC registration too.
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Brianna Schmidt
Using turbotax for this - where do I indicate it's an LLC but filing as partnership? Is there a specific section for this?
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Carmen Diaz
Just wanted to add some clarity on the TurboTax question - when you're preparing a partnership return (Form 1065), you'll actually need TurboTax Business, not the individual version. In TurboTax Business, you select "Partnership" as your business type, then indicate it's an LLC taxed as a partnership. The software will walk you through entering both partners' information and generating the required K-1 forms for each partner. One important note: make sure you have an EIN (Employer Identification Number) for the partnership before you start filing. Even if your LLC originally had an EIN as a single-member entity, you may need a new one now that it's being treated as a partnership for tax purposes. The IRS website has a clear guide on when you need a new EIN versus keeping your existing one.
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StarSailor
Thanks for the TurboTax clarification! I'm actually in a similar situation and was wondering about the EIN issue. How do you know if you need a new EIN or can keep the existing one? Is there a specific form or process to convert from single-member to partnership EIN, or do you just apply for a completely new one?
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Ava Williams
Great question about the EIN! Generally, if your LLC was originally set up as a single-member entity and you already have an EIN, you can usually keep that same EIN when converting to partnership tax status. The IRS considers it the same business entity, just with a different tax classification. However, you should call the IRS Business & Specialty Tax Line at 800-829-4933 to confirm this for your specific situation. They can verify whether your existing EIN will work for partnership filing or if you need a new one. Some factors like when the EIN was issued and how it was originally classified can affect this. When you do call (or use a service like Claimyr that others mentioned to skip the hold times), have your current EIN and LLC formation documents ready. The agent can update your entity classification in their system if needed, which ensures your partnership return processes smoothly.
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Anna Kerber
Great question! The IRS has specific rules about when you need a new EIN. If your LLC originally got an EIN as a single-member entity (disregarded entity for tax purposes) and now you're adding a second member, you typically DO need to apply for a new EIN because you're changing from a disregarded entity to a partnership for tax purposes. You don't "convert" the existing EIN - you apply for a completely new one using Form SS-4 or the online EIN application. When you apply, you'll indicate it's for a partnership (LLC taxed as partnership) and mention that you're changing from a single-member LLC. The old EIN becomes inactive once you start using the new partnership EIN. Make sure to update all your business accounts, contracts, and tax documents with the new EIN once you get it. This is actually a really important step that a lot of people miss!
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Avery Davis
For the EIN question, if your LLC originally got an EIN as a single-member entity (disregarded entity) and now you're adding a second member making it a partnership, you typically need to apply for a NEW EIN. The IRS considers this a change in entity type that requires a new tax ID number. You can't "convert" the existing EIN - you apply for a completely new one online at irs.gov using Form SS-4. When you apply, you'll select "Partnership" as your entity type and indicate it's an LLC electing partnership tax treatment. The process is pretty straightforward and you usually get the EIN immediately online. Keep your old EIN documentation though - you might need it for closing out any final single-member LLC filings or dealing with state requirements during the transition.
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PaulineW
Great question! The EIN rules can be tricky. Generally, if your LLC was originally set up as a single-member entity with an EIN, you'll need to get a new EIN when it becomes a multi-member partnership for tax purposes. The IRS treats this as a new entity formation. However, there are some exceptions - like if you always intended it to be a partnership but just hadn't added the second member yet. The safest approach is to call the IRS Business & Specialty Tax Line at 800-829-4933 with your specific situation. They can tell you definitively whether you need a new EIN or can keep your existing one. If you do need a new EIN, you just apply online through the IRS website (irs.gov) - there's no special "conversion" process, you're essentially applying for a new business entity. Make sure to keep records of both EINs and the transition date for your tax records.
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Zoe Kyriakidou
Great question! The EIN rules can be tricky. If your LLC already has an EIN and you're adding a partner (changing from single-member to multi-member), you typically need to apply for a new EIN because the tax classification is changing. The IRS treats this as a new entity for tax purposes. You can't "convert" an existing EIN - you have to apply for a completely new one through the IRS website or by calling their business line. Make sure to close out any accounts tied to the old EIN and update all your business banking, vendor accounts, etc. with the new EIN once you get it. The timing can be a bit tricky during tax season, so I'd recommend getting this sorted ASAP if you haven't already.
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