When are attorney fees tax deductible On what basis? from thelawadvisory.com
Are Tax Attorney Fees Deductible for Social Security Disability?
Introduction
Social Security Disability Insurance (SSDI) is a federal government program that provides financial assistance to people with disabilities. However, the application process for SSDI can be complex, and many people hire tax attorneys to help them navigate the system. One question that often comes up is whether tax attorney fees are deductible for SSDI applicants. In this article, we’ll explore this issue in detail.
Background
First, it’s important to understand how SSDI works. This program provides monthly benefits to people who are unable to work due to a disability. To be eligible for SSDI, you must have a disability that is expected to last at least a year or result in death. You must also have worked and paid Social Security taxes for a certain amount of time, depending on your age.
The Role of Tax Attorneys
Because the application process for SSDI can be complicated, many people hire tax attorneys to help them. Tax attorneys can help you gather the necessary documentation, fill out forms correctly, and appeal a denial of benefits. However, tax attorney fees can be expensive, and many people wonder if they can deduct these fees on their taxes.
Deductibility of Tax Attorney Fees
The good news is that tax attorney fees may be deductible for SSDI applicants. According to the IRS, you can deduct legal fees that are “ordinary and necessary” in connection with your work. This includes fees for tax advice related to a disability claim.
Limitations on Deductibility
However, there are some limitations on the deductibility of tax attorney fees. First, you can only deduct fees that are not reimbursed by your employer or other party. Second, you can only deduct fees that exceed 2% of your adjusted gross income.
Other Tax Considerations
In addition to deducting tax attorney fees, there are other tax considerations for SSDI recipients. For example, SSDI benefits are taxable if your income exceeds a certain threshold. If you receive both SSDI and Supplemental Security Income (SSI), only your SSI benefits are exempt from taxes.
Conclusion
In conclusion, tax attorney fees may be deductible for SSDI applicants, but there are limitations on the deductibility. If you hire a tax attorney to help you with your disability claim, be sure to keep track of your fees and consult with a tax professional to determine your eligibility for deduction. Additionally, be aware of other tax considerations for SSDI recipients, such as the taxability of benefits. With careful planning, you can minimize your tax burden and maximize your financial assistance through SSDI.
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