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Robert13
New Member

Is some of the deductilble portion of the self employ tax on Form 8958 allocated to my wife

I  am filing in California a community property state and have a sole proprietorship business in addition to a salaried job that provides a w2. I am trying to figure out what items to split on form 8958.  We are filing Married but separate returns knowing there are many tax disadvantage in doing so.


Also do i enter her w2 on my 8958 as well was do I put her income on my 1040?

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JohnW15
Intuit Alumni

Is some of the deductilble portion of the self employ tax on Form 8958 allocated to my wife

Based on your questions, these would both be split.

The instructions for Form 8958 state that "a spouse's or RDP's (registered domestic partner's) wages and self-employment income from a sole proprietorship are community income and must be evenly split."  [Emphasis mine.]

As for the deductible portion of the self-employment adjustment:  "The deductible portion of the self-employment tax is split only when the self-employment tax is split by the spouses or RDPs."

And later, the instructions note that "With regard to net income from a trade or business (other than a partnership) that is community income, self-employment tax is imposed on the spouse carrying on the trade or business."

If you haven't already, I'd suggest you read the instructions regarding self-employment income and tax in the link above. 


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1 Reply
JohnW15
Intuit Alumni

Is some of the deductilble portion of the self employ tax on Form 8958 allocated to my wife

Based on your questions, these would both be split.

The instructions for Form 8958 state that "a spouse's or RDP's (registered domestic partner's) wages and self-employment income from a sole proprietorship are community income and must be evenly split."  [Emphasis mine.]

As for the deductible portion of the self-employment adjustment:  "The deductible portion of the self-employment tax is split only when the self-employment tax is split by the spouses or RDPs."

And later, the instructions note that "With regard to net income from a trade or business (other than a partnership) that is community income, self-employment tax is imposed on the spouse carrying on the trade or business."

If you haven't already, I'd suggest you read the instructions regarding self-employment income and tax in the link above. 


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