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New Member
posted Jun 2, 2020 3:14:21 PM

How do I claim legal costs from divorce litigation in Canada, I have had a Canadian CPP & OAS pension income?

Divorce settlement was challenged by my former, I have hired attorney in Canada and it i9s still in process, my 2019 costs we $17,500 USD.

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3 Replies
Level 15
Jun 2, 2020 3:57:02 PM

Sorry--your divorce legal fees are not deductible.  That is a personal expense.

New Member
Jun 2, 2020 7:47:05 PM

My lawyer in Canada advised that since I receive Canadian CPP & OAS pension the legal costs are deductible in Canada, I should be able to get that deduction in US to offset my CPP & OAS payments. Lawyer suggested to ask a tax accountant. 

Level 15
Jun 3, 2020 7:32:54 AM

See Personal Legal Expenses on Page 8 of IRS Publication 529:  https://www.irs.gov/pub/irs-pdf/p529.pdf