Married Couple Revocable Trust Owns LLC in Non-Community Property State

[G2R]

As the title says Married Couple's Revocable Trust Owns "Rental Property LLC" in a Common Law State. (So, No Community Property State, No QJV) 

Ignoring the trust part for a second, couple is then required to file 1165 partnership rtn because they are a multi member LLC.  

But there's always a monkey wrench that makes me go . 

Is the TRUST considered a single entity, so then the LLC is considered a disregarded entity and can forego the 1165, filing Schedule E direcly on the married couple's 1040?  

My gut says no, but maybe there's a legal element in play that someone's seen before?

[Lee B]

As long as the trust is revocable, wouldn't the trust be disregarded and the LLC be required to file an annual Form 1065?

[Abby Normal]

If you have the EIN letter for the LLC, what form does it say the IRS is expecting?

[Lion EA]

Is the Trust the ONLY member in the LLC, so it's a SMLLC?

Or, does the Trust AND the husband AND the wife own the LLC, so it's a MMLLC?

[G2R]

20 hours ago, Lee B said:

As long as the trust is revocable, wouldn't the trust be disregarded and the LLC be required to file an annual Form 1065?

Great point. 

18 hours ago, Abby Normal said:

If you have the EIN letter for the LLC, what form does it say the IRS is expecting?

They are still looking for it. The did all this last year, and did not mention it to me till Tuesday. 

8 hours ago, Lion EA said:

Is the Trust the ONLY member in the LLC, so it's a SMLLC?

Or, does the Trust AND the husband AND the wife own the LLC, so it's a MMLLC?

The LLC has one owner, the revoc trust. The revoc trust's grantors are a married couple.

This is where my uncertainty stemmed from.  If I look at the LLC ownership 1st (and only), there's a single owner (the rev trust) so ... it's a SMLLC.  But as @Lee B pointed out, drilling down deeper, the trust is disregarded bc it's revocable, so then the grantors of the trust are LLC owners. Married couple, thus two people, common law state so MMLLC.  

 

Thank you everyone for your input.