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kalsabek
New Member

Hello. I’ll be deducting my immigration lawyer fees but my question can I deduct fees that I didn’t pay yet? My lawyer just sent me the invoice for dec 2017?

 
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DS30
New Member

Hello. I’ll be deducting my immigration lawyer fees but my question can I deduct fees that I didn’t pay yet? My lawyer just sent me the invoice for dec 2017?

It depends but you would only be able to deduct any allowable legal fees in the year you made the actual payments.

According to the IRS,   you are not allowed to deduct these legal expenses .

The basic rule is that you can deduct attorney's fees you pay to:

  • produce or collect taxable income, or
  • help determine, collect, or obtain a refund of any tax.

Simply put, you can take a deduction if you need an attorney's help to make money you’ll have to pay tax on; or if an attorney helps you with a tax matter, like representing you in an IRS audit.

So the legal fees incurred related to your immigration filings will be considered nondeductible personal expenses.


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2 Replies
DS30
New Member

Hello. I’ll be deducting my immigration lawyer fees but my question can I deduct fees that I didn’t pay yet? My lawyer just sent me the invoice for dec 2017?

It depends but you would only be able to deduct any allowable legal fees in the year you made the actual payments.

According to the IRS,   you are not allowed to deduct these legal expenses .

The basic rule is that you can deduct attorney's fees you pay to:

  • produce or collect taxable income, or
  • help determine, collect, or obtain a refund of any tax.

Simply put, you can take a deduction if you need an attorney's help to make money you’ll have to pay tax on; or if an attorney helps you with a tax matter, like representing you in an IRS audit.

So the legal fees incurred related to your immigration filings will be considered nondeductible personal expenses.


View solution in original post

Bsch4477
Level 15

Hello. I’ll be deducting my immigration lawyer fees but my question can I deduct fees that I didn’t pay yet? My lawyer just sent me the invoice for dec 2017?

In any event, you can only deduct an expense in the year you actually paid it.
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