Can a husband and wife, residing in a Non-Community Property state, run a LLC as qualified joint venture and file return as a sole proprietorship-disregarded entity?

[KittyM · Accepted solution]

No, a business owned and operated by the spouses through a Limited Liability Company (LLC) does not qualify for the election.  Only businesses that are owned and operated by spouses as co-owners (and not in the name of a state law entity) qualify for the election.

For more information on the Qualified Joint Venture election, see the IRS page Qualified Joint Venture.