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Husband and Wife Business – What is a Qualified Joint Venture?

On May 25, 2007 the Small Business and Work Opportunity Tax Act of 2007 was signed into law and affect changes to the treatment  of qualified joint ventures of married couples not treated as partnerships. The provision is effective for taxable years beginning after December 31, 2006.

The provision generally permits a qualified joint venture whose only members are a husband and wife filing a joint return not to be treated as a partnership for Federal tax purposes. A qualified joint venture is a joint venture involving the conduct of a trade or business, if (1) the only members of the joint venture are a husband and wife, (2) both spouses materially participate in the trade or business, and (3) both spouses elect to have the provision apply.




Under the provision, a qualified joint venture conducted by a husband and wife who file a joint return is not treated as a partnership for Federal tax purposes. All items of income, gain, loss, deduction and credit are divided between the spouses in accordance with their respective interests in the venture. Each spouse takes into account his or her respective share of these items as a sole proprietor. Thus, it is anticipated that each spouse would account for his or her respective share on the appropriate form, such as Schedule C.  For purposes of determining net earnings from self-employment, each spouse’s share of income or loss from a qualified joint venture is taken into account just as it is for Federal income tax purposes under the provision (i.e., in accordance with their respective interests in the venture).

This generally does not increase the total tax on the return, but it does give each spouse credit for social security earnings on which retirement benefits are based. However, this may not be true if either spouse exceeds the social security tax limitation. Refer to Publication 553, Highlights of 2008 Tax Changes, for further information about self-employment taxes. For more information on qualified joint ventures, refer to Election for Husband and Wife Unincorporated Businesses.

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153 Responses to Click to Tell Us Your Experience At Your Local Tax Office

  1. Because the IRS processes the first return it receives, if another person claims your dependent first, the IRS will reject your return. The IRS won’t tell you who claimed your dependent. But if you don’t suspect anyone who could have claimed the dependent, your dependent may be a victim of tax identity theft. You’ll need to take some steps to protect your right to claim the dependent and your refund if you don’t think that the other person was eligible to claim your dependent. First, double check that you meet all of the requirements to claim the dependent.

    The IRS may delay your refund while the IRS looks into the issue, but you should still receive your refund. File a paper return. Note that when you file a paper return, it can take six to eight weeks for the IRS to process. This includes things like birth certificates and proof of identity, but also documents that show that your dependent lived with you at the same address for more than half of the year. This doesn’t mean that you can’t correct the situation. Don’t panic. The most important thing to remember is to prove with proper documentation that you are entitled to claim the dependent. Document your case as the IRS rules for claiming a dependent can get complicated.

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