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Form 8958 Allocation of Tax Amounts Between Certain Individuals in Community Property States

Intuit Help
Intuit

Form 8958 Allocation of Tax Amounts Between Certain Individuals in Community Property States

Description

General Information on Form 8958

Solution

From the ProSeries Tax Help for Form 8958:

FORM 8958 - ALLOCATION OF TAX AMOUNTS BETWEEN CERTAIN INDIVIDUALS IN COMMUNITY PROPERTY STATES

In accordance with IRS Revenue Ruling 2013-17, for federal tax purposes, individuals of the same sex are considered married if they were lawfully married in a state (or foreign country) whose laws authorize the marriage of two individuals of the same sex.  The individuals are considered married for federal tax purposes even if the state (or foreign country) in which they now live does not recognize same-sex marriage.

Individuals who have entered into a Registered Domestic Partnership (RDP) that is not considered a marriage under state (or foreign) law are not considered married for federal tax purposes.

Form 8958 must be completed if the taxpayer:

  • is married filing separately
  • resides in a community property state

OR

  • is filing as single or as head of household
  • is in a same-sex Registered Domestic Partnership (RDP)
  • resides in California, Nevada or Washington

The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

Note: Your entries on this form will have no impact on either the federal or state return.
If you need to make any adjustments to the actual tax return, you must do so before completing this form.
The initial calculation on this form pulls the amounts reported on the tax return and displays them in column B for the Taxpayer.
You must manually allocate all items, and enter any amounts allocated to the other spouse or RDP in column C.
See IRS Publication 555 Community Property for information about taxpayers who are married filing separate and live in a community property state or who are Registered Domestic Partners and live in a community property state.

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