Enlarge image | Allocation of Tax Amounts Between OMB No. 1545-0074 Form 8958 (Rev. November 2014) Certain Individuals▶ Attachin Communityto Form 1040. Property States Attachment Department of the Treasury Sequence No. 63 Internal Revenue Service (99) ▶ Information about Form 8958 and its instructions is at www.irs.gov/form8958. Your first name and initial Your last name Your social security number Spouse's or partner's first name and initial Spouse's or partner's last name Spouse's or partner's social security number A B C Total Amount Allocated to Spouse Allocated to Spouse or RDP or RDP SSN - - 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. 11-2014) |
Enlarge image | Form 8958 (Rev. 11-2014) Page 2 A B C Total Amount Allocated to Spouse Allocated to Spouse or RDP or RDP SSN - - SSN - - 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. 11-2014) |
Enlarge image | Form 8958 (Rev. 11-2014) Page 3 General Instructions 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 Future developments. For the latest information about developments penalties and additional taxes on the distributions. related to Form 8958 and its instructions, such as legislation enacted Generally, distributions from pensions will be characterized after they were published, go to www.irs.gov/form8958. Pensions. as community or separate income depending on the respective periods Purpose of Form of participation in the pension while married (or during the registered domestic partnership) and domiciled in a community property state or in Use Form 8958 to determine the allocation of tax amounts between a noncommunity property state during the total period of participation in married filing separate spouses or registered domestic partners (RDPs) the pension. These rules may vary between states. with community property rights. If you need more room, attach a statement listing the source of the item and the total plus the allocated Partnership income. If an interest is held in a partnership, and income from amounts. Be sure to put your name and social security number (SSN) on the partnership is attributable to the efforts of either spouse or RDP, the the statements and attach them at the end of your return. partnership income is community property. Community property laws affect how you figure your income on your For RDPs, the self-employment income from a partnership is also split for self-employment tax purposes. See Self- federal income tax return if you are married, live in a community TIP employment tax, later. property state or country, and file separate returns. This form is used for married spouses in community property states who choose to file married filing separately. This form is also for RDPs Tax-exempt income. For spouses, community income exempt from who are domiciled in Nevada, Washington, or California. For 2010 and federal tax generally keeps its exempt status for both spouses. For following years, a RDP in Nevada, Washington, or California generally example, under certain circumstances, income earned outside the United must follow state community property laws and report half the States is tax exempt. If you earned income and met the conditions that combined community income of the individual and his or her RDP. made it exempt, the income is also exempt for your spouse even though RDPs are not married for federal tax purposes. They can he or she may not have met the conditions. RDPs should consult the only use the single filing status, or if they qualify, the head of particular exclusion provision to see if the exempt status applies to both. ▲! household filing status. Income from separate property.In some states, income from separate CAUTION property is separate income. Other states characterize income from separate property as community income. Community or Separate Income For more information, see Pub. 555. For specific information that pertains to your situation, check with the laws of your state. 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 Deductions 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. If you file separate returns, your deductions generally depend on Generally, the laws of the state in which you are domiciled govern whether whether the expenses involve community or separate income. you have community income or separate income for federal tax purposes. Business and investment expenses. If you file separate returns, expenses incurred to earn or produce community business or Generally, community income is income from: investment income are generally divided equally between you and your • Community property. spouse or RDP. Each of you is entitled to deduct one-half of the expenses on your separate returns. Separate business or investment • Salaries, wages, or pay for services of you, your spouse or RDP, or income are deductible by the spouse or RDP who earns the income. both during your marriage or registered domestic partnership. Other limits may also apply to business and investment expenses. For • Real estate that is treated as community property under the laws of more information, see Pub. 535, Business Expenses, Pub. 550, the state where the property is located. Investment Income and Expenses, and Pub. 555. Generally, income from separate property is the separate income of IRA deduction. Deductions for IRA contributions cannot be split the spouse or RDP who owns the property. between spouses or RDPs. The deduction for each spouse or RDP is For more information, see Pub. 555, Community Property. figured separately and without regard to community property laws. Identifying Income and Deductions Personal expenses. Expenses that are paid out of separate funds, such as medical expenses, are deductible by the spouse or RDP who pays You and your spouse or RDP must be able to identify your community for them. If these expenses are paid from community funds, divide the and separate income, deductions, credits, and other return amounts deduction equally between you and your spouse or RDP. according to the laws of your state. Deductible portion of self-employment tax. The deductible portion of Income the self-employment tax is split only when the self-employment tax is split by the spouses or RDPs. See Self-employment tax, later. The following is a discussion of the general effect of community property laws on the federal income tax treatment of certain items of income. Credits, Taxes, and Payments Wages and self-employment income from sole proprietorship. A Self-employment tax. Although the self-employment tax rules contain a spouse's or RDP's wages and self-employment income from a sole provision that overrides community income treatment in the case of proprietorship are community income and must be evenly split. spouses (IRC 1402(a)(5)), this provision does not apply to RDPs. RDPs For RDPs, the self-employment income from a sole split self-employment income from sole proprietorships and proprietorship is also split for self-employment tax purposes. partnerships for self-employment tax purposes. TIP See Self-employment tax, later. The following rules apply only to persons married for federal tax purposes. Interest, dividends, and rents. Interest, dividends, and rents from Sole proprietorship. With regard to net income from a trade or community property are community income and must be evenly split. business (other than a partnership) that is community income, self- Gains and losses. Gains and losses are classified as community or employment tax is imposed on the spouse carrying on the trade or separate depending on how the property is held. business. Withdrawals from individual retirement arrangements (IRAs). There Partnerships. All of the distributive share of a married partner's are several kinds of individual retirement arrangements (IRAs). income or loss from a partnership trade or business is attributable to the Distributions of IRAs by law are deemed to be separate property, even if partner for computing any self-employment tax, even if a portion of the the funds in the account would otherwise be community property. partner's distributive share of income or loss is community income or |
Enlarge image | Form 8958 (Rev. 11-2014) Page 4 loss that is attributable to the partner's spouse for income tax purposes. Line 6 If both spouses are partners, any self-employment tax is allocated based on their distributive shares. 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 Federal income tax withheld. If you and your spouse file separate RDP in Columns B and C. 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. Line 7 Likewise, each RDP is entitled to credit for half the income tax withheld on those wages. 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 To determine estimated tax payments, earned income credit, and between each spouse or RDP in Columns B and C. overpayments, see Pub. 555 for more information. For specific information that pertains to your situation, check with the laws of your Line 8 state. 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 Specific Instructions total(s) from Column A between each spouse or RDP in Columns B and C. How To Complete Form 8958 Line 9 To complete Form 8958, identify your community or separate income, Identify the deductible part of self-employment tax from each entity on deductions, credits and other return amounts on the separate lines separate lines. Enter the total from each entity in Column A and allocate under the item name on lines 1 through 12. the total from Column A between each spouse or RDP in Columns B Enter the total amount of your community or separate income, and C. 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 Line 10 Column B and C. Together, Columns B and C should equal Column A. Identify the self-employment tax from each entity on separate lines. In a community property state, if you file a federal tax return Enter the total from each entity in Column A and allocate the total from separately from your spouse, you must report half of all Column A between each spouse or RDP in Columns B and C. ▲! community income and all of your separate income. CAUTION Likewise, a RDP must report half of all community income Line 11 and all of his or her separate income on his or her federal return. The Identify the taxes withheld from each payer or entity on separate lines. laws of the state in which you are domiciled govern whether you have Enter the total from each payer or entity in Column A and allocate the community income or separate income for federal tax purposes. total from Column A between each spouse or RDP in Columns B and C. Line 1 Line 12 Identify the wages from each payer on separate lines. Enter the total Identify any item not previously reported, such as social security from each payer in Column A. Allocate the total from Column A between benefits, unemployment compensation, deductions, credits, etc., on each spouse or RDP in Columns B and C. 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 Line 2 Columns B and C. 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 Paperwork Reduction Act Notice. We ask for the information on this between each spouse or RDP in Columns B and C. form to carry out the Internal Revenue laws of the United States. You Line 3 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 Identify the dividends from each payer on separate lines. Enter the total amount of tax. from each payer in Column A and allocate the total from Column A You are not required to provide the information requested on a form between each spouse or RDP in Columns B and C. that is subject to the Paperwork Reduction Act unless the form displays Line 4 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 Identify the state income tax refund from each payer on separate lines. material in the administration of any Internal Revenue law. Generally, tax Enter the total from each payer in Column A and allocate the total from returns and return information are confidential, as required by section Column A between each spouse or RDP in Columns B and C. 6103. Line 5 The average time and expenses required to complete and file this form will vary depending on individual circumstances. For the estimated Identify the self-employment income from each entity on separate lines. averages, see the instructions for your income tax return. 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. 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. |