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Commonly Asked Questions about Husband and Wife to LLC Forms

To add new members, official voting must be held both by single-member LLC and multi-member LLCs. Then the voting outcome must be recorded and kept on file. After the voting procedure is completed, you can amend the operating agreement and file the state paperwork for adding the new member.
Note: If an LLC is owned by husband and wife in a non-community property state, the LLC should file as a partnership. LLCs owned by a husband and wife are not eligible to be qualified joint ventures (which can elect not be treated as partnerships) because they are state law entities.
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 your spouse owns any of the property you use in a LLC, you should include your spouse as a LLC partner. For instance, say that your spouse owns several cars that you plan to use in the business. For reasons of liability and taxation, it is best to include your spouse in the LLC.
From an LLC to a general partnership, lets break down what you need to do now to prepare to add a partner to your business. Create a written partnership agreement. File for an EIN. Amend an LLC operating agreement. Ask yourself: is this the right partner for my business?
A spouse is considered an employee if there is an employer/employee type of relationship, for example, the first spouse substantially controls the business in terms of management decisions and the second spouse is under the direction and control of the first spouse.