When are attorney fees tax deductible On what basis? from thelawadvisory.com
Are Tax Attorney Fees Deductible or Non-Deductible?
Introduction
Many people hire tax attorneys to help them navigate the complex world of tax law. These attorneys can provide valuable advice and guidance, but they can also be expensive. One question that often arises is whether tax attorney fees are deductible or non-deductible. In this article, we will explore this question in depth.
What are Tax Attorney Fees?
Tax attorney fees are the fees that a person pays to a tax attorney for services related to tax matters. These fees can include the cost of preparing tax returns, representing a taxpayer during an audit or appeal, and providing legal advice on tax issues.
Deductible vs. Non-Deductible
Whether tax attorney fees are deductible or non-deductible depends on the situation. In general, the IRS allows taxpayers to deduct legal fees that are related to the production or collection of income. However, there are some exceptions to this rule. For example, legal fees related to personal matters, such as a divorce or child custody case, are generally non-deductible. Similarly, legal fees related to the purchase or sale of a personal residence are also non-deductible.
When are Tax Attorney Fees Deductible?
Tax attorney fees are deductible when they are related to the production or collection of income. This can include: - Fees for tax advice related to a business or investment property - Fees for preparing tax returns for a business or investment property - Fees for representing a taxpayer during an audit or appeal related to a business or investment property
When are Tax Attorney Fees Non-Deductible?
Tax attorney fees are non-deductible when they are related to personal matters or the purchase or sale of a personal residence. This can include: - Fees for tax advice related to a divorce or child custody case - Fees for preparing tax returns for personal matters - Fees for representing a taxpayer during an audit or appeal related to personal matters
How to Claim Tax Attorney Fees as a Deduction
To claim tax attorney fees as a deduction, you must itemize your deductions on your tax return. This means that you must forego the standard deduction and instead list all of your deductible expenses, including tax attorney fees. You will need to provide proof of the fees paid, such as a receipt or invoice from the tax attorney. You should also keep a detailed record of the services provided, including the date of each service and a description of the work performed.
Conclusion
In conclusion, tax attorney fees can be deductible or non-deductible depending on the situation. If the fees are related to the production or collection of income, they may be deductible. If they are related to personal matters or the purchase or sale of a personal residence, they are generally non-deductible. If you are unsure whether your tax attorney fees are deductible, it is best to consult with a tax professional.
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