When are attorney fees tax deductible On what basis? from thelawadvisory.com
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Introduction
When it comes to tax season, many people wonder what they can and cannot deduct from their taxes. One common question is whether tax attorney fees are deductible. In this article, we will explore this topic in-depth and provide you with everything you need to know.
What are Tax Attorney Fees?
Tax attorney fees are the fees that an individual pays to their attorney for legal advice or representation related to their taxes. These fees can include anything from preparing tax documents to representing the individual in an audit or in court.
Are Tax Attorney Fees Deductible?
The short answer is yes, tax attorney fees are deductible. However, there are some limitations and conditions to this deduction. First, the fees must be related to the production or collection of taxable income. This means that if the fees were for personal tax advice, they would not be deductible.
What are the Limitations?
There are some limitations to the deduction of tax attorney fees. First, the fees must be reasonable and necessary. This means that the fees must be ordinary and necessary for the services provided. Second, the fees must be paid in the same year that they are claimed as a deduction.
What are the Conditions?
In addition to the limitations, there are some conditions that must be met for tax attorney fees to be deductible. The fees must be included in the miscellaneous deductions section of the individual's tax return. This section is subject to a 2% floor, which means that the individual can only deduct the fees that exceed 2% of their adjusted gross income.
What Other Expenses are Deductible?
In addition to tax attorney fees, there are other expenses that may be deductible. These include tax preparation fees, investment fees, and unreimbursed employee expenses. It is important to keep track of all of these expenses throughout the year to ensure that they can be deducted come tax season.
How to Determine Your Deduction
To determine your deduction for tax attorney fees, you will need to add up all of the fees paid to your attorney for tax-related services. You will then need to subtract any fees that were not related to the production or collection of taxable income. Finally, you can deduct the remaining fees that exceed 2% of your adjusted gross income.
Conclusion
In conclusion, tax attorney fees are deductible as long as they are related to the production or collection of taxable income, reasonable and necessary, and paid in the same year as claimed. It is important to keep track of all tax-related expenses throughout the year to ensure that you can maximize your deductions come tax season.
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