Form 8958 Allocation of Tax Amounts Between Certain Individuals in

Note: The draft you are looking for begins on the next page.

Caution: DRAFT—NOT FOR FILING
This is an early release draft of an IRS tax form, instructions, or publication,
which the IRS is providing for your information. Do not file draft forms and do
not rely on draft forms, instructions, and publications for filing. We generally do
not release draft forms until we believe we have incorporated all changes, but
sometimes unexpected issues arise, or legislation is passed. Also, forms generally
are subject to OMB approval before they can be officially released. Drafts of
instructions and publications usually have some changes before their final release.
Early release drafts are at IRS.gov/DraftForms and may remain there even after
the final release is posted at IRS.gov/LatestForms. All information about all
forms, instructions, and pubs is at IRS.gov/Forms.
Almost every form and publication also has a page on IRS.gov with a friendly
shortcut. For example, the Form 1040 page is at IRS.gov/Form1040; the Pub. 501
page is at IRS.gov/Pub501; the Form W-4 page is at IRS.gov/W4; and the
Schedule A (Form 1040) page is at IRS.gov/ScheduleA. If typing in a link above
instead of clicking on it, be sure to type the link into the address bar of your
browser, not a Search box.
If you wish, you can submit comments about draft or final forms, instructions,
or publications at IRS.gov/FormsComments. We cannot respond to all comments
due to the high volume we receive. Please note that we may not be able to
consider many suggestions until the subsequent revision of the product.

8958

Form
(Rev. November 2019)
Department of the Treasury
Internal Revenue Service (99)

Allocation of Tax Amounts Between
Certain Individuals in Community Property States
▶

OMB No. 1545-0074

▶ Attach to Form 1040, 1040-SR, or 1040-NR.
Go to www.irs.gov/Form8958 for the latest information.

Your first name and initial

Attachment
Sequence No. 63
Your social security number

Your last name

DRAFT AS OF
October 2, 2019
DO NOT FILE

Spouse’s or partner’s first name and initial

Spouse’s or partner’s social
security number

Spouse’s or partner’s last name

A
Total Amount

B
Allocated to Spouse
or RDP

SSN

-

-

C
Allocated to Spouse
or RDP

SSN

-

-

1 Wages (each employer)

2 Interest Income (each payer)

3 Dividends (each payer)

4 State Income Tax Refund
5 Self-Employment Income (See instructions)

6 Capital Gains and Losses

7 Pension Income

8 Rents, Royalties, Partnerships, Estates, Trusts

For Paperwork Reduction Act Notice, see your tax return instructions.

Cat. No. 37779G

Form 8958 (Rev. 11-2019)

Page 2

Form 8958 (Rev. 11-2019)

A
Total Amount

B
Allocated to Spouse
or RDP
SSN

-

-

C
Allocated to Spouse
or RDP
SSN

-

-

DRAFT AS OF
October 2, 2019
DO NOT FILE

9 Deductible part of Self-Employment Tax (See
instructions)

10 Self-Employment Tax (See instructions)

11 Taxes Withheld

12 Other items such as: Social Security Benefits,
Unemployment Compensation, Deductions,
Credits, etc.

Form 8958 (Rev. 11-2019)

Page 3

Form 8958 (Rev. 11-2019)

General Instructions
Future developments. For the latest information about developments
related to Form 8958 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/Form8958.

These distributions are wholly taxable to the spouse or RDP
whose name is on the account. That spouse or RDP is also liable for
any penalties and additional taxes on the distributions.
Pensions. Generally, distributions from pensions will be
characterized as community or separate income depending on the
respective periods of participation in the pension while married (or
during the registered domestic partnership) and domiciled in a
community property state or in a noncommunity property state
during the total period of participation in the pension. These rules
may vary between states.

DRAFT AS OF
October 2, 2019
DO NOT FILE

Purpose of Form

Use Form 8958 to determine the allocation of tax amounts between
married filing separate spouses or registered domestic partners
(RDPs) with community property rights. If you need more room,
attach a statement listing the source of the item and the total plus
the allocated amounts. Be sure to put your name and social security
number (SSN) on the statements and attach them at the end of your
return.
Community property laws affect how you figure your income on
your federal income tax return if you are married, live in a
community property state or country, and file separate returns.
This form is intended for individuals who:

1. Are subject to community property laws, and
2. File separate federal income tax returns.

See Pub. 555, Community Property, for more information.

Community or Separate Income

In a community property state, if you file a federal tax return
separately from your spouse, you must report half of all community
income and all of your separate income. Likewise, a RDP must
report half of all community income and all of his or her separate
income on his or her federal tax return. Generally, the laws of the
state in which you are domiciled govern whether you have
community income or separate income for federal tax purposes.
Generally, community income is income from:
• Community property;

• Salaries, wages, or pay for services of you, your spouse or RDP,
or both during your marriage or registered domestic partnership; or
• Real estate that is treated as community property under the laws
of the state where the property is located.
Generally, income from separate property is the separate income
of the spouse or RDP who owns the property.
Special rules apply for spouses living apart all year and for
spouses one or both of whom are nonresident aliens.
For more information, see Pub. 555, Community Property.

Identifying Income and Deductions
You and your spouse or RDP must be able to identify your
community and separate income, deductions, credits, and other
return amounts according to the laws of your state.

Income
The following is a discussion of the general effect of community
property laws on the federal income tax treatment of certain items
of income.
Wages and self-employment income from sole proprietorship.
A spouse’s or RDP’s wages and self-employment income from a
sole proprietorship are community income and must be evenly split.
For RDPs, the self-employment income from a sole
proprietorship is also split for self-employment tax
purposes. See Self-employment tax, later.

Partnership income. If an interest is held in a partnership, and
income from the partnership is attributable to the efforts of either
spouse or RDP, the partnership income is community property.

TIP

For RDPs, the self-employment income from a
partnership is also split for self-employment tax
purposes. See Self-employment tax, later.

Tax-exempt income. For spouses, community income exempt
from federal tax generally keeps its exempt status for both spouses.
For example, under certain circumstances, income earned outside
the United States is tax exempt. If you earned income and met the
conditions that made it exempt, the income is also exempt for your
spouse even though he or she may not have met the conditions.
RDPs should consult the particular exclusion provision to see if the
exempt status applies to both.
Income from separate property. In some states, income from
separate property is separate income. Other states characterize
income from separate property as community income.

For more information, see Pub. 555. For specific information that
pertains to your situation, check with the laws of your state.

Deductions
If you file separate returns, your deductions generally depend on
whether the expenses involve community or separate income.
Business and investment expenses. If you file separate returns,
expenses incurred to earn or produce community business or
investment income are generally divided equally between you and
your spouse or RDP. Each of you is entitled to deduct one-half of
the expenses on your separate returns. Separate business or
investment income are deductible by the spouse or RDP who earns
the income.
Other limits may also apply to business and investment expenses.
For more information, see Pub. 535, Business Expenses, Pub. 550,
Investment Income and Expenses, and Pub. 555.
IRA deduction. Deductions for IRA contributions cannot be split
between spouses or RDPs. The deduction for each spouse or RDP
is figured separately and without regard to community property laws.
Personal expenses. Expenses that are paid out of separate funds,
such as medical expenses, are deductible by the spouse or RDP
who pays for them. If these expenses are paid from community
funds, divide the deduction equally between you and your spouse
or RDP.
Deductible portion of self-employment tax. The deductible portion
of the self-employment tax is split only when the self-employment
tax is split by the spouses or RDPs. See Self-employment tax, later.

Credits, Taxes, and Payments

Interest, dividends, and rents. Interest, dividends, and rents from
community property are community income and must be evenly split.

Self-employment tax. Although the self-employment tax rules
contain a provision that overrides community income treatment in
the case of spouses (IRC 1402(a)(5)), this provision does not apply
to RDPs. RDPs split self-employment income from sole
proprietorships and partnerships for self-employment tax purposes.

Gains and losses. Gains and losses are classified as community or
separate depending on how the property is held.

The following rules apply only to persons married for federal tax
purposes.

Withdrawals from individual retirement arrangements (IRAs).
There are several kinds of individual retirement arrangements (IRAs).
Distributions of IRAs by law are deemed to be separate property,
even if the funds in the account would otherwise be community
property.

Sole proprietorship. With regard to net income from a trade or
business (other than a partnership) that is community income, selfemployment tax is imposed on the spouse carrying on the trade or
business.

TIP

Page 4

Form 8958 (Rev. 11-2019)

Partnerships. All of the distributive share of a married partner’s
income or loss from a partnership trade or business is attributable
to the partner for computing any self-employment tax, even if a
portion of the partner’s distributive share of income or loss is
community income or loss that is attributable to the partner’s spouse

for income tax purposes. If both spouses are partners, any selfemployment tax is allocated based on their distributive shares.

Line 6
Enter the gain or loss from each entity. Enter the total from each
entity in Column A and allocate the total from Column A between
each spouse or RDP in Columns B and C.

DRAFT AS OF
October 2, 2019
DO NOT FILE

Federal income tax withheld. If you and your spouse file separate
returns on which each of you reports half the community wages,
each of you is entitled to credit for half the income tax withheld on
those wages. Likewise, each RDP is entitled to credit for half the
income tax withheld on those wages.

To determine estimated tax payments, earned income credit, and
overpayments, see Pub. 555 for more information. For specific
information that pertains to your situation, check with the laws of
your state.

Specific Instructions

How To Complete Form 8958

To complete Form 8958, identify your community or separate
income, deductions, credits and other return amounts on the
separate lines under the item name on lines 1 through 12.

Enter the total amount of your community or separate income,
deductions, credits, and other return amounts on their respective
lines in Column A. Enter each spouse’s or RDP’s allocation of these
amounts in Column B and C. Together, Columns B and C should
equal Column A.

!
▲

In a community property state, if you file a federal tax
return separately from your spouse, you must report half
of all community income and all of your separate income.
CAUTION
Likewise, a RDP must report half of all community income
and all of his or her separate income on his or her federal return. The
laws of the state in which you are domiciled govern whether you have
community income or separate income for federal tax purposes.

Line 1
Identify the wages from each payer on separate lines. Enter the total
from each payer in Column A. Allocate the total from Column A
between each spouse or RDP in Columns B and C.

Line 2
Identify the interest from each payer on separate lines. Enter the
total from each payer in Column A and allocate the total from
Column A between each spouse or RDP in Columns B and C.

Line 3
Identify the dividends from each payer on separate lines. Enter the
total from each payer in Column A and allocate the total from
Column A between each spouse or RDP in Columns B and C.

Line 4
Identify the state income tax refund from each payer on separate lines.
Enter the total from each payer in Column A and allocate the total from
Column A between each spouse or RDP in Columns B and C.

Line 5
Identify the self-employment income from each entity on separate
lines. Enter the total from each entity in Column A and allocate the total
from Column A between each spouse or RDP in Columns B and C.

Line 7

Enter the pension income from each payer on separate lines. Enter
the total from each payer in Column A and allocate the total from
Column A between each spouse or RDP in Columns B and C.

Line 8

Identify the rent, royalty, partnership, estate, or trust item(s) on
separate lines. Enter the total(s) from each item(s) in Column A and
allocate the total(s) from Column A between each spouse or RDP in
Columns B and C.

Line 9

Identify the deductible part of self-employment tax from each entity
on separate lines. Enter the total from each entity in Column A and
allocate the total from Column A between each spouse or RDP in
Columns B and C.

Line 10

Identify the self-employment tax from each entity on separate lines.
Enter the total from each entity in Column A and allocate the total
from Column A between each spouse or RDP in Columns B and C.

Line 11

Identify the taxes withheld from each payer or entity on separate
lines. Enter the total from each payer or entity in Column A and
allocate the total from Column A between each spouse or RDP in
Columns B and C.

Line 12
Identify any item not previously reported, such as social security
benefits, unemployment compensation, deductions, credits, etc., on
separate lines. Enter the total from each item in Column A; then
allocate the total from each item from Column A between each
spouse or RDP in Columns B and C.
Paperwork Reduction Act Notice. We ask for the information on
this form to carry out the Internal Revenue laws of the United
States. You are required to give us the information. We need it to
ensure that you are complying with these laws and to allow us to
figure and collect the right amount of tax.
You are not required to provide the information requested on a
form that is subject to the Paperwork Reduction Act unless the form
displays a valid OMB control number. Books or records relating to a
form or its instructions must be retained as long as their contents
may become material in the administration of any Internal Revenue
law. Generally, tax returns and return information are confidential,
as required by section 6103.
The average time and expenses required to complete and file this
form will vary depending on individual circumstances. For the
estimated averages, see the instructions for your income tax return.
If you have suggestions for making this form simpler, we would
be happy to hear from you. See the instructions for your income tax
return.