Qualified joint venture and ATX software

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  • JenMO
    Senior Member
    • Apr 2007
    • 974

    #1

    Qualified joint venture and ATX software

    Couple both work the farm, but have a loss this year. They both want to pay Social Security on the option. When I fill out the Sch F and mark "joint" the software automatically brings up two Sch SE's. Is this enough to elect a qualified joint venture, or do I have to prepare two Sch F's with divided income and divided expenses. I also would like to efile, will this go?
  • joanmcq
    Senior Member
    • Jun 2007
    • 1729

    #2
    depends on whether the taxpayers are in a community property state or not.

    Comment

    • JenMO
      Senior Member
      • Apr 2007
      • 974

      #3
      No, couple lives in Missouri. I searched on forum, and found only responses at the first of the year, which stated I would probably have to do two Sch C's. Just wondering if things had changed.

      Comment

      • Gene V
        Senior Member
        • Jun 2005
        • 1057

        #4
        Maybe this will help: from TTB page 5-7

        Husband and wife business — New Law: : Beginning in 2007, a
        qualified joint venture whose only members are a husband and
        wife may elect not to be treated as a partnership for federal tax
        purposes. A joint venture is qualified if:

        1) The only members of the joint venture are husband and wife,

        2) Both spouses materially participate in the trade or business,
        and

        3) Both spouses elect to have the provision apply.

        All items of income, gain loss, deduction, and credit are divided
        between the spouses in accordance with their respective interests
        in the venture. Thus each spouse would account for his or
        her respective share on Schedule C of Form 1040. 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
        consideration and is separately reported on the corresponding
        Schedule SE of Form 1040.
        Last edited by Gene V; 09-16-2008, 09:53 PM.

        Comment

        • equinecpa
          Senior Member
          • Mar 2006
          • 578

          #5
          Curious...how does one make this election?

          Comment

          • okie1tax
            Senior Member
            • Jun 2008
            • 177

            #6
            By filing 2 Schedule Cs instead of a 1065. That is the purpose of the "election", to get/allow people to start filing joint ventures legally.

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