Revocable Trust wholly owns LLC with Amazon FBA business - Should income be reported on 1040 Schedule C or 1065 partnership return?
We've got a somewhat complex structure that I need help figuring out for tax reporting. My wife and I set up a Revocable Trust a few years back, and the Trust is the sole owner of an LLC we use to run our Amazon FBA business. We live in North Carolina (not a community property state), and we haven't made any special tax elections for the LLC. I'm trying to determine the proper way to report our business income: 1. Should we report the business income on our personal 1040 via Schedule C, or do we need to file a separate Form 1065 partnership return? 2. If we can use Schedule C on our 1040, would we need to file two separate Schedule Cs (one for each spouse)? Here's what I understand so far: - The LLC is 100% owned by our Trust, making it a Single-Member LLC and typically a disregarded entity - Our Revocable Trust is a grantor trust, which is also disregarded for tax purposes, meaning income passes through to us as grantors - I know that in non-community property states, husband/wife LLCs usually need to file 1065s - But since the LLC is owned by the Trust (not directly by us), I'm wondering if it's still just a disregarded SMLLC that can report on Schedule C - Though I can see an argument that my wife and I are the true economic owners via the Trust, which might require a 1065 Would really appreciate insight from anyone who's dealt with this specific structure before!
18 comments


Leslie Parker
You've got a chain of disregarded entities here, which actually simplifies your situation. Since your Revocable Trust is a grantor trust, it's disregarded for tax purposes - meaning you and your wife are considered the owners of whatever the trust owns. And since the LLC is wholly owned by the trust, the LLC is also disregarded. For tax reporting purposes, you'd report the Amazon FBA business income on Schedule C of your 1040. But here's the important part - you'll need to determine who the "true" operator of the business is. If only one spouse materially participates in the business, then only that spouse files a Schedule C. If both of you materially participate, then you'd generally file two Schedule Cs, splitting the income according to your respective participation. The "non-community property state" factor would matter if you and your wife directly owned the LLC together. But since the LLC is owned by the trust, this isn't relevant to your filing method - what matters is who's doing the work in the business. Remember to include a statement with your tax return noting the chain of disregarded entities (from the trust to the LLC to you) for clarity.
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Freya Ross
•Thank you for that clear explanation! When you mention "material participation," what specific threshold determines this? My wife handles about 40% of the daily operations (customer service, some inventory decisions) while I handle the other 60% (purchasing, logistics, accounting). Does this mean we should split our Schedule Cs 60/40? Also, what format should the statement about disregarded entities take? Is there a specific form or just a written explanation?
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Leslie Parker
•Material participation is determined by several tests, but the most common is if you participate more than 500 hours annually in the business activity. Based on what you've described, it sounds like both you and your wife meet the material participation standards if you're both regularly involved in the business operations. For the Schedule C split, yes, a 60/40 split based on your respective work contributions would be reasonable. Just make sure you can document this division of labor if ever questioned. The statement about disregarded entities doesn't have a required format. A simple written statement attached to your return is sufficient. Something like: "Taxpayer and spouse are grantors of the [Trust Name] Revocable Trust, which owns 100% of [LLC Name], an LLC that is disregarded for federal tax purposes. Business income from this LLC is reported on Schedule C.
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Sergio Neal
I went through something similar with my trust and Amazon business last year. I found taxr.ai (https://taxr.ai) super helpful for clarifying my structure. I uploaded my trust documents and LLC paperwork, and their analysis showed I was overthinking it - confirmed it was just Schedule C filing for me. Their document review helped me understand that the "chain of disregarded entities" concept was exactly what applied to my situation, just like yours. The best part was they explained how the IRS looks at the substance of who's controlling the business, not just the legal forms. For revocable trusts, that's always the grantors. Saved me from filing an unnecessary 1065 and all the extra K-1 complications.
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Savanna Franklin
•Did their system give you any guidance on the material participation aspect? I have a similar setup but my wife and I share management pretty evenly. Trying to figure out if we need one Schedule C or two.
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Juan Moreno
•I'm a bit skeptical about these online services. Did they actually review your specific trust documents or did they just give general advice? And were they qualified tax professionals or just an AI giving generic responses?
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Sergio Neal
•They actually analyzed my specific trust document and operating agreement, which is what made all the difference. The report showed exactly where in my documents it established the grantor nature of my trust and how it flowed to my tax situation. For material participation, they explained that both spouses need to track their hours, and if both work substantially in the business, splitting on separate Schedule Cs is typically appropriate. On the qualifications front, they have real tax professionals review the AI analysis before it gets sent to you. Not just generic advice - it addressed my specific state laws too, which was crucial since trust treatment varies by state. The personalized analysis made me confident in my filing approach.
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Savanna Franklin
Just wanted to update after using taxr.ai that was mentioned above. I was initially just browsing for answers but decided to try it with my own documents. My situation was almost identical - revocable trust owning an LLC with an e-commerce business. The analysis confirmed we should file two Schedule Cs rather than a 1065, and explained exactly WHY the multi-member LLC rules didn't apply in our case. The report even included citations to the relevant IRS regulations about disregarded entities through grantor trusts that I could attach to my return as documentation. My accountant was actually impressed with how thorough the explanation was, especially regarding the material participation standards for my wife and me. Ended up saving us the extra cost of partnership return preparation while giving us confidence our filing position was solid.
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Amy Fleming
Before you go too far down the Schedule C path, let me share what happened when I was in your exact situation. I spent 3 weeks trying to get someone at the IRS to clarify this exact question for me. Endless phone trees, disconnects, and conflicting information. Then I found Claimyr (https://claimyr.com) and their service got me connected to an actual IRS agent in under 20 minutes. They have this system that navigates the IRS phone maze for you, then calls you when an agent is ready. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with confirmed that in a revocable trust/LLC structure like yours, where the LLC is wholly owned by the trust, you do indeed report on Schedule C(s). She explained that despite being in a non-community property state, the LLC ownership comes through the trust, not directly through you and your spouse as individuals. This confirmation directly from the IRS gave me peace of mind with our filing position.
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Alice Pierce
•How much did this service cost? Seems like it could be useful but I'm wondering if it's worth the price when I could just keep calling the IRS myself.
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Esteban Tate
•Sounds sketchy. How could a third-party service possibly get you through to IRS faster than calling yourself? The IRS doesn't give priority lines to random companies. I'll stick with waiting on hold like everyone else instead of paying for snake oil.
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Amy Fleming
•There's no special priority line - they use technology to navigate the phone system and wait on hold for you. When an agent picks up, their system connects you. It saved me about 2-3 hours of hold time each time I used it. As for cost, it was absolutely worth it compared to the value of my time and frustration of repeated disconnects. I'm not comfortable sharing the exact price here, but think about what your time is worth - sitting on hold for potentially hours versus getting actual work done while they wait for you.
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Esteban Tate
I need to eat my words from yesterday. After getting disconnected four times trying to reach the IRS this morning about my own tax situation, I broke down and tried that Claimyr service. I was absolutely convinced it wouldn't work, but I was desperate. Less than 25 minutes later, I was talking to an actual IRS representative who confirmed exactly what others have said here - with a revocable trust owning an LLC, the business income should be reported on Schedule C(s) based on material participation of each spouse. The agent even referenced the exact sections of the tax code that applied to my situation. I'm still shocked it actually worked. Turns out the system just automates the phone tree navigation and hold process, which is why it works. Definitely beats the 3+ hours I wasted yesterday trying to get through.
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Ivanna St. Pierre
Just wanted to add my two cents as someone who's been using the trust/LLC structure for several Amazon businesses for years. The "chain of disregarded entities" explanation from earlier comments is correct. Here's how I handle it on my returns: 1. I include a statement with my 1040 explaining the structure 2. I file two Schedule Cs (one for each spouse) since we both work in the business 3. I make sure to include the LLC's EIN on both Schedule Cs (even though it's disregarded) 4. I title the Schedule C business name as "[My Name] SOLE PROP DBA [LLC Name]" I've been audited once, and this approach was accepted without issue. The key is documentation and consistency. If you're still uncertain, check out Revenue Ruling 2004-77, which specifically addresses disregarded entities in situations like yours.
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Freya Ross
•This is super helpful! I like your approach with the business name format. One follow-up question - when you split the Schedule Cs between spouses, do you also split the expenses proportionally? Or can one spouse claim certain categories of expenses while the other claims different ones?
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Ivanna St. Pierre
•I split both income and expenses proportionally based on our work contribution percentage. So if we're doing a 60/40 split, each Schedule C shows that percentage of both the revenue and expenses. You could technically allocate specific expense categories to each spouse if those expenses directly relate to their specific duties, but that gets messy and might invite more scrutiny. The proportional approach is simpler and generally easier to defend if questioned.
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Elin Robinson
Has anyone considered that Rev. Proc. 2002-69 might apply here? It specifically addresses situations where husband and wife own an entity through a living trust.
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Leslie Parker
•Rev. Proc. 2002-69 is specifically about community property states, which OP mentioned they're not in. It allows married couples in community property states to treat their wholly-owned LLC as either a disregarded entity or partnership. Since OP is in a non-community property state, this wouldn't apply directly to their situation.
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