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Best Of Near Are Tax Attorney Fees Deductible Irs 2023


When are attorney fees tax deductible On what basis?
When are attorney fees tax deductible On what basis? from thelawadvisory.com

Understanding Tax Attorney Fees Deductible by the IRS

As a taxpayer, it is essential to understand the various deductions you can claim to minimize your tax liability. One of the frequently asked questions is whether tax attorney fees are deductible by the IRS. The answer is yes, but under certain conditions.

When are Tax Attorney Fees Deductible?

The IRS allows taxpayers to deduct tax attorney fees that are related to the production or collection of taxable income. For instance, if you hired a tax attorney to help you resolve an issue with the IRS or to represent you in a tax audit, you can deduct the fees you paid to the attorney.

However, tax attorney fees incurred for personal reasons, such as divorce or estate planning, are not deductible. It is essential to note that the deduction of tax attorney fees is subject to a 2% floor on miscellaneous itemized deductions. This means that you can only deduct the portion of the fees that exceed 2% of your adjusted gross income.

How to Claim Tax Attorney Fees Deduction

To claim a tax attorney fees deduction, you need to itemize your deductions on Schedule A of your tax return. You should list the fees as part of the miscellaneous deductions, along with other expenses such as tax preparation fees, investment expenses, and unreimbursed employee business expenses.

It is also vital to keep accurate records of the fees you paid to your tax attorney. You should request an itemized bill that shows a breakdown of the services rendered and the fees charged. This will help you calculate the amount of deduction you can claim accurately.

Exceptions to the 2% Floor Rule

There are exceptions to the 2% floor rule for certain taxpayers. For instance, if you are a victim of a tax-related identity theft or fraud, you can claim tax attorney fees as a miscellaneous itemized deduction without being subject to the 2% floor rule.

Similarly, if you are a member of the military and your tax attorney fees are related to your military duties, you can deduct the fees without being subject to the 2% floor rule. The same applies to certain federal employees and their families.

Conclusion

In conclusion, tax attorney fees are deductible by the IRS if they are related to the production or collection of taxable income. However, the deduction is subject to a 2% floor on miscellaneous itemized deductions. It is essential to keep accurate records of the fees paid and to itemize your deductions correctly to claim the deduction.

As always, it is advisable to consult a tax professional or a tax attorney for guidance on tax-related matters. They can help you navigate the complex tax laws and ensure that you take advantage of all available deductions and credits.

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