Can you deduct the fees paid for legal fees of creating and maintaining a Family Trust?

[Bird0435]

Are Fees paid to AmeriEstate Legal Plan in terms of servicing a Family Trust deductable?

[MargaretL]

Yes, trust preparation fees are deductible if the billing invoice identifies your expenses as being for the production/collection/managing future production of income or tax. Per IRS, you can deduct legal fees if they are incurred for:

• the production or collection of income, or
• the management of the property held for production of income, or
• tax advice and tax planning

For example, you paid fees for advice on the income trust or for advice on the property transfer to avoid federal/state or inheritance tax, or investment advice for trust -those fees would be tax deductible. 

If your total legal fees include both, deductible and nondeductible items,  you must somehow allocate the amount between allowed and disallowed fees.

Legal fees are deducted in the Deductions & Credits section:

1. Federal Taxes
2. Deductions and Credits
3. Scroll down to Other Deductions and Credits
4. Select Legal Fees

[yiozayioza]

has this changed for this year?

I have a trustee fees I incurred.

I have miscellaneous fees related to the trust that I incurred.

on the grantor letter these are allocated income to principle.

are these fees deductible and if so, where in the software?

[DavidF20]

Is there a link to the specific IRS code covering this point?

[SusanY1]

@yiozayioza @DavidF20

This is an old question, and the answer refers to years prior to tax year 2018. Unfortunately, the date on the post makes it appear more current -but this is just from the conversion of old messages to a new format.  I apologize for any confusion.  These fees are no longer deductible by individual taxpayers.

[dwynn9881]

I'm not quite clear on this matter.  So, are attorney deductible for setting up a

Family Trust not directly connected with business?