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It depends. If a husband and wife own an LLC together, the default answer under federal tax law is yes — the IRS treats a two-member LLC as a partnership, and partnerships must file Form 1065. However, married couples in one of the nine community property states can elect to have their LLC treated as a disregarded entity, which eliminates the 1065 requirement …?How Do You Form an LLC Co-Owned by Spouses? - 6 Steps To form an LLC with your spouse, you'll need to follow these six simple steps: 1. Confirm that the name you want to use is available To establish an LLC, you must choose a name for your LLC that is not currently used by another firm in your state.+The employment tax requirements for family employees may vary from those that apply to other employees. On this page we point out some issues to consider when operating a business as a married couple.