right off the IRS propaganda site: Can a husband and wife run a business as a sole proprietor or do they need to be a partnership? It is possible for either the husband or the wife to be the owner of the sole proprietor business. When only one spouse is the owner, the other spouse can work in the business as an employee. If a married couple who file a joint tax return elect to conduct their business activities as a qualified joint venture, (a trade or business entity in which the husband and wife materially participate in such venture), the spouses must divide the items of income, gain, loss, deduction, credit and expenses in accordance with their respective interests in such venture. This is effective for taxable years beginning after December 31, 2006. Also, see Rev. Proc. 2002-69 for Special Rules for Spouses in Community States. References:
Publication 334, Tax Guide for Small Business Publication 541, Partnerships Taxpayer Protection Act of 2007
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