IRS · Official form

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

Form 8958 splits income, deductions, and withholding between spouses or registered domestic partners who file separately in a community property state. Fill in the official IRS PDF below and download it.

This is the genuine IRS PDF, unmodified. Source: IRS official page.

What is 8958?

Form 8958, Allocation of Tax Amounts Between Certain Individuals in Community Property States, shows how each item of income, deduction, and tax withholding is divided between two people with community property rights who are filing separate federal returns. Community property law generally treats income earned during the marriage or partnership as belonging equally to both people, so each separate return must reflect the allocated amounts rather than just what each person personally earned.

The form lists each category, such as wages, interest, dividends, self-employment income, and withholding, with columns showing the total amount and how much is allocated to each person. Both partners typically attach a copy to their own returns so the IRS can match the allocations.

Who files 8958?

  • Married couples in community property states filing separate federal returns
  • Registered domestic partners in states that extend community property treatment to RDPs
  • Spouses living apart who still have community income to allocate under their state’s rules
  • Anyone amending a separate-filing return that should have included the allocation

How to fill out 8958

  1. List each income item for both people: wages by employer, interest, dividends, business income, and so on.
  2. Enter the total amount of each item, then allocate it between the two columns following your state’s community property rules.
  3. Allocate deductions, credits, and federal income tax withholding the same way.
  4. Make sure the amounts on your own return match the column allocated to you.
  5. Download the finished PDF and attach it to your separately filed return.

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Frequently asked questions

Which states are community property states?

Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. A few states also allow opt-in community property arrangements; check the form instructions and your state law for how your property is classified.

Do both spouses file Form 8958?

Each person filing a separate return generally attaches the form showing the same allocation, so the two returns are consistent and together account for all of the community income.

Is everything split 50/50?

Community income is generally split equally, but separate property income, such as income from assets owned before the marriage, may belong entirely to one person. State law controls what is community versus separate.