Understanding the "Qualified Joint Venture" for Spouses in Unincorporated Businesses
- For tax years after 2006 (that means for your 2007 return)
- If you and your spouse own a business that is unincorporated (NOT a corporation or an LLC),
- You and your spouse can qualify as a "joint venture."
This means you can file using two Schedule C's instead of as a partnership.
To clarify, the IRS says you are a "qualified joint venture" if:
(1) the only members of the joint venture are a husband and wife who file a joint return, (2) both spouses materially participate in the trade or business, and (3) both spouses elect not to be treated as a partnership.
You make the election on your joint Form 1040 and you file separate Schedule C forms showing the percentage interest of each of the spouses on their respective Schedule C forms. For example, if your "qualified joint venture" showed a profit of $100,000, and you and your spouse had equal shares, you would each report $50,000 profit on your own Schedule C. The full $100,000 would be shown on the Form 1040.
If you already have a partnership or LLC, read the Tax Information Bulletin for more information.


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