PatriciaV
Employee Tax Expert

After you file

It depends. You can report allowable legal fees in the tax year for which the fees were paid. If allowable, there is no limitation.

You can usually deduct legal expenses that you incur in attempting to produce or collect taxable income or that you pay in connection with the determination, collection, or refund of any tax. Legal Fees of this type are included on Schedule A as a Miscellaneous Itemized Deduction, subject to a 2% limitation based on your Adjusted Gross Income. 

Legal fees associated with discrimination lawsuits are deductible above the line, on the first page of your 1040, to determine your adjusted gross income.

Other legal fees are not tax-deductible.

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