Are legal fees for disability retirement benefits deductible? I am requesting them from the state of Virginia.

[PhyllisG · Accepted solution]

The 2018 Virginia Schedule A Itemized Deductions has conformed to the Federal Schedule A (Form 1040) Itemized Deductions.

Prior to the Tax Cuts and Jobs Act, legal fees were deducted under the Job Expenses and Certain Miscellaneous Deductions section of the Schedule A.  These deductions were reduced by 2% of a taxpayer's gross income.

Tax reform has eliminated the miscellaneous section; therefore, the legal fees are no longer deductible.