Dan Papajcik March 3, 2026 Real Estate Tax Planning Husband and Wife LLC: Do You Have to File a Partnership Return? Dan Papajcik March 3, 2026 Real Estate Tax Planning Many spouses form an LLC to hold a rental for liability protection, then discover the tax filing layer: Form 1065 and K 1 reporting may be required. There are limited spouse specific exceptions, and state property law can change the outcome.