Retirement tax questions

On a personal return (1040) legal fees are generally not deductible. The two exceptions are for legal fees incurred to determine or collect any tax liability, and legal fees expended to secure taxable income.

Therefore, legal fees can be deducted to the extent Social Security income is taxable. For instance, if 50% of Social Security income is taxable, then 50% of legal fees are deductible.

To deduct legal expenses, you must have enough itemized deductions (ie. Medical, mortgage interest, property taxes, charitable giving, ect) to exceed your Standard Deduction. If you itemize, your deduction is limited to the extent that it exceeds 2% of your Adjusted Gross Income.

So, you may not gain a tax benefit fro this deduction.

To report legal fees in TurboTax:

  • Click My Account (Top right of your screen).

  • Select Tools.

  • In the pop up window, select Topic Search.

  • In the search bar, type in legal expenses, deduction

  • Highlight it and select GO, and follow the prompts