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odill
New Member

Are legal fees deductable

 
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3 Replies
MargaretL
Expert Alumni

Are legal fees deductable

Only legal fees incurred in attempting to produce or collect taxable income or that are paid in connection with the determination, collection or refund of any tax are tax deductible.

Legal Fees you can deduct:

  • Court costs and attorney fees related to either doing or keeping your job, including back pay, injury to reputation, and unlawful discrimination claims
  • Costs of collecting taxable alimony or arranging details of alimony payments
  • Fees for tax advice related to a divorce, if the bill specifies how much is for tax advice. You cannot deduct any other legal fees related to a divorce or child support since they are personal expenses not related to taxable income.
  • Fees for personal injury actions where you recover taxable damages
  • Estate tax planning fees related to tax planning or income-producing property
  • Costs of collecting taxable Social Security benefits
  •  Fees to recover income-producing property such as stocks or bonds loaned as collateral

 Legal fees you cannot deduct:

  • Expenses for personal lawsuits unless you recover taxable damages
  • Legal fees for personal injury awards that are tax-free
  • Legal costs related to the acquisition or determination of title to property. However, you may add these costs to the basis of the property, which becomes important when you sell the property, or if you depreciate it.
  • The costs of contesting a will. This is because an inheritance is not taxable income.
  • Legal fees for divorce or child support actions, other than those stated above as eligible.
Tom K4
New Member

Are legal fees deductable

In the case of employment related legal expenses related to doing or keeping your job:

 

- Must the total expenses of a case spanning multiple years be deducted in the same year as an award or settlement? 

 

- Where in TurboTax are these expenses entered? 

Are legal fees deductable


@Tom K4 wrote:

In the case of employment related legal expenses related to doing or keeping your job:

 

- Must the total expenses of a case spanning multiple years be deducted in the same year as an award or settlement? 

 

- Where in TurboTax are these expenses entered? 


You are adding onto a very old thread from before the TCJA (Tax Cuts and Jobs Act) eliminated ALL miscellaneous deductions for 2019-2025.     ONLY legal fees for discrimination lawsuits are currently deductible in 2020.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
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