Do I have to fill out a form 8958?
Henry Morales
Published Apr 05, 2026
The laws of your state govern whether you have community or separate property and income. You must attach Form 8958 to your tax form showing how you figured the amount you’re reporting on your return.
What information do I need to file married filing separately?
How to File or e-File as Married Filing Separately
- Spouse’s full name.
- Spouse’s SSN or ITIN (this is still required even though you are filing separately from your spouse)
- Spouse’s date of birth.
What do you need to know about form 8958?
The Internal Revenue Service (IRS) created Form 8958 to allow couples in community property states to correctly allocate income to each spouse that may not match what is reported to the IRS. Nine states have community property laws. Married couples in these states typically need Form 8958 if they file separate rather than joint tax returns:
What is the married filing separate Allocation-form 8958?
Community Property States are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. For instructions on completing the 8958 form, see How do I complete the Married Filing Separate Allocation Form?
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