Llc Operating Agreement For Married Couple

State:
Multi-State
Control #:
US-0666-WG
Format:
Word; 
Rich Text
Instant download

Description

PLLC Operating Statement
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FAQ

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. the business is not otherwise treated as a corporation under federal law.

If your LLC has one owner, you're 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.

The straightforward answer is no: You are not required to name your spouse anywhere in the LLC documents, especially if they aren't directly involved in the business. However, there are some occasions where it may be helpful or necessary to include your spouse.

A business jointly owned and operated by a married couple is a partnership (and should file Form 1065, U.S. Return of Partnership Income) unless the spouses qualify and elect to have the business be treated as a qualified joint venture, or they operate their business in one of the nine community property states.

If you choose to set up your LLC with just one spouse as a member, you can classify it as a sole proprietorship or a corporation. If your LLC has more than one member, you can classify it as a partnership or corporation.

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Llc Operating Agreement For Married Couple