Dividing Schedule C Income

Feb 28, 2023 Last reply: 3 years ago 5 Replies

I have a small Schedule C business. I'm going to divide the work and the income with a partner, whom I might be married to by 2024. I receive a 1099NEC for the work.



If we're not married, can I just issue her a 1099 and deduct that on my Schedule C? And then of course she would report it as income. Is that the best way?



If we're married, do I just file two Schedule C's, one for her, one for me? It might seem to not matter but I would like the social security credits to attach to her; they do me no good.


That's one approach. If you do that, you both will be subject to self- employment tax in addition to regular income tax.

If you're married you can file two Schedules C but only if you live in a community property state. Otherwise you need to file a partnership tax return. You could also set up an S-corporation, and potentially save some of the self-employment tax.

Can you suggest other approaches?

They could be taxed as a partnership or an S-corporation. They could also set up a C-corporation, but that's not likely to be helpful to them.

I am assuming that the total self-employment tax won't change. My earned income is way under $160K, so every dollar of income transferred to her will trigger 15.3% self-employment tax on her, but reduce the self-employement tax on me dollar for dollar.

That's correct. However if your business could be taxed as an S- corporation, you might be able to save some of that self-employment tax.

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