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DEDUCT LEGAL FEES FOR ESTABLISHING A TRUST WITH INCOME

Legal fees were paid to establish a grantor trust. Checking, Savings and CD accounts in trust generated 1099-INT interest income. Can fees be deducted to help offset tax on that income?

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Accepted Solutions
JohnB5677
Employee Tax Expert
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

DEDUCT LEGAL FEES FOR ESTABLISHING A TRUST WITH INCOME

No, legal fees to setup a Grantor Trust aren't deductible. 

  • These fees are considered personal expenses and are not deductible even if reported on a grantor letter. 
  • Fees paid to an attorney to create the trust are considered capital expenses, not expenses for producing income, and are not deductible.
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1 Reply
JohnB5677
Employee Tax Expert
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

DEDUCT LEGAL FEES FOR ESTABLISHING A TRUST WITH INCOME

No, legal fees to setup a Grantor Trust aren't deductible. 

  • These fees are considered personal expenses and are not deductible even if reported on a grantor letter. 
  • Fees paid to an attorney to create the trust are considered capital expenses, not expenses for producing income, and are not deductible.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

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