Q&A

Can a sole prop have two owners?

Can a sole prop have two owners?

You cannot have more than one owner with a sole proprietorship. As its name implies, a sole proprietorship can have only one sole owner.

Can a married couple jointly own a business?

If you have married clients who own a business together, it is good to know the alternatives. It is not uncommon for spouses to jointly own businesses. However, it is common to question how these jointly owned businesses should file tax returns.

When does one spouse own a business they have to file a tax return?

When one spouse owns a business, the couple will have a more complicated tax return. The business-owner spouse must file the following forms with the couple’s joint return to report and pay taxes on the income the business earns:

What happens when one spouse owns a business?

If one spouse individually owns a business and operates it himself or herself, the business-owner spouse is a sole proprietor. This scenario means he or she owns the business. Such a spouse is also ordinarily treated as a sole proprietor if he or she forms a one-owner limited liability company (LLC) to run the business.

Can a business be titled in the name of one spouse?

While the business may be titled in the name of one spouse, under state law it is considered the property of both spouses. As a business with two owners, this would normally necessitate filing tax returns as a partnership.

If you have married clients who own a business together, it is good to know the alternatives. It is not uncommon for spouses to jointly own businesses. However, it is common to question how these jointly owned businesses should file tax returns.

How are spouses taxed when they own a business?

If both spouses own the business, they pay taxes on the income from the business as owners: Partnerships, LLCs, and S corporations are pass-through businesses. Each owner’s share of the business income is passed through to their personal income tax return.

While the business may be titled in the name of one spouse, under state law it is considered the property of both spouses. As a business with two owners, this would normally necessitate filing tax returns as a partnership.

How does one spouse work for another business?

One spouse employed by another. The wages for the services of an individual who works for his or her spouse in a trade or business are subject to income tax withholding and Social Security and Medicare taxes, but not to FUTA tax. For more information, refer to Publication 15, Circular E, Employer Tax Guide.