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Should I Make My Spouse My Business Partner?

Should I Make My Spouse My Business Partner?

Tax reform changed the rules of the game when trying to choose your best tax structure for your business. In looking over the possibilities, we note that a properly structured spousal partnership could be your best choice. As always, there are benefits as well as potential issues that you should be aware of.

 

A brief overview of the potential partnership looks like this:

You own an existing sole proprietorship or want to start a new business. You and your spouse then form a general partnership or limited liability company to manage the business and provide cash or property for your interests in the new business. But – your spouse does NOT participate in any way in the business – they are merely an investor.

 

Here are the tax benefits to you:

 

  • Your spouse’s income is free from self-employment tax.
  • You and your spouse both still qualify for the new pass-through income deduction under Section 199A.
  • The IRS audits partnerships at a much lower rate than proprietorships (Schedule Cs).
  • You don’t have to worry about the costs or hassle of running payroll or determining your reasonable compensation as you would if you operated the business as an S corporation.

 

Here are the potential issues:

 

  • The passive activity rules limit your spouse’s use of any losses against regular income.
  • Your cost of preparing a partnership return (but you’d have this cost with an S corporation too).

 

If you would like to discuss how your choice of business entity works in today’s tax environment, please call us today at 844 229 8936 to schedule your complimentary consultation. We can help you legally reduce your tax liability.


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