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Commonly Asked Questions about Husband and Wife to LLC

Overview. If your LLC has one owner, youre a single member limited liability company (SMLLC). If you are married, you and your spouse are considered one owner and can elect to be treated as an SMLLC. We require an SMLLC to file Form 568 , even though they are considered a disregarded entity for tax purposes.
If a spouse regularly helps in the business, not having an LLC can be risky. Without an LLC, the business is likely to be a sole proprietorship. This means if the business owes money or gets sued, the couples personal assets could be at risk. An LLC can help protect these assets.
If you and your spouse plan not only on owning the business together, but both taking an active role in working there, an LLC taxed as an S corporation is your best bet.
When a spouse frequently works in an LLC, one of the best ways to avoid personal liability is to make the spouse a member. An LLC can add new members by following the terms of the operating agreement.
If you plan on both being owners and taking part in the day-to-day management of the business, a partnership, limited liability company (LLC), or corporation might make sense. One or both spouses can be managers of the business if they have an active role in its day-to-day functions.
Under this rule, a married couple can treat their jointly owned business as a disregarded entity for federal tax purposes if: the LLC is wholly owned by the husband and wife as community property under state law. no one else would be considered an owner for federal tax purposes, and.
If your spouse works for your LLC as an employee, you need to follow minimum wage laws and pay payroll taxes like Social Security and Medicare taxes. If they are a partner, you can avoid some of these requirements and save your small business money.
Including your spouse in your LLC can make succession planning and transitioning more manageable. Business succession upon an owners death varies from state to state. However, if you own the business with your spouse, your spouse is usually your heir and your share of the company would be passed on to them.