"Can a LLC owned by husband and wife qualify as a single member LLC?"
Only if the LLC is considered a qualified entity and the LLC is a qualified entity if:
(1) The business entity is wholly owned by a husband and wife as community property under the laws of a state, a foreign country, or a possession of the United States;
(2) No person other than one or both spouses would be considered an owner for federal tax purposes;
and
(3) The business entity is not treated as a corporation under§ 301.7701-2.
"Can a LLC owned by husband and wife qualify as a single member LLC?"
Only if the LLC is considered a qualified entity and the LLC is a qualified entity if:
(1) The business entity is wholly owned by a husband and wife as community property under the laws of a state, a foreign country, or a possession of the United States;
(2) No person other than one or both spouses would be considered an owner for federal tax purposes;
and
(3) The business entity is not treated as a corporation under§ 301.7701-2.