Husband does not materially participate, can he have account in LLC's solo 401k plan (and contribute to it)?

[roh]

Non-community property state, husband-wife LLC (no employees).  Husband does not materially participate, can he have account in LLC's solo 401k plan (and contribute to it)?  Profits and losses of LLC are split 50/50 between husband and wife. There are no other members in the LLC, and no employees.

[WillK]

Yes, the Solo 401(k) can cover both you and your husband. Per the IRS's published informtion on One Participant 401(k) Plans (also called Solo 401(k) plans) found at https://www.irs.gov/retirement-plans/one-participant-401k-plans:

A one-participant 401(k) plan is sometimes called a:

• Solo 401(k)
• Solo-k 
• Uni-k
• One-participant k

The one-participant 401(k) plan isn't a new type of 401(k) plan. It's a traditional 401(k) plan covering a business owner with no employees, or that person and his or her spouse. These plans have the same rules and requirements as any other 401(k) plan. (emphasis on the word "and" added by me).