When are attorney fees tax deductible On what basis? from thelawadvisory.com
Are Tax Attorney Fees Deductible 100%?
Introduction
Hiring a tax attorney can be quite costly, especially if you have complex tax issues to resolve. As tax laws become more complicated, more taxpayers are turning to tax attorneys for assistance. However, the question on many taxpayers' minds is whether they can deduct the fees paid to their tax attorneys on their tax returns. This article will explore the issue of whether tax attorney fees are deductible and to what extent.
General Overview of Tax Deductible Expenses
The Internal Revenue Service (IRS) allows taxpayers to deduct certain expenses from their income to reduce their taxable income. Some of these expenses include medical expenses, charitable contributions, and mortgage interest. Taxpayers can either take the standard deduction or itemize their deductions. If you choose to itemize your deductions, you can deduct certain expenses, including tax attorney fees.
When Are Tax Attorney Fees Deductible?
Taxpayers can deduct tax attorney fees if the fees are related to the production or collection of income. For example, if you hire a tax attorney to help you resolve a dispute with the IRS regarding your tax liability, the fees you paid to the attorney are deductible. Similarly, if you hire an attorney to help you with tax planning or preparation, the fees are deductible.
Limitations on Deductibility of Tax Attorney Fees
While tax attorney fees are generally deductible, there are limitations to the deductibility of these fees. Taxpayers can only deduct the portion of the fees that exceeds 2% of their adjusted gross income (AGI). For example, if your AGI is $100,000 and you paid $3,000 in tax attorney fees, you can only deduct $1,000 (i.e., $3,000 - $2,000).
Types of Tax Attorney Fees That Are Deductible
Taxpayers can deduct several types of tax attorney fees, including: 1. Fees for tax advice and planning 2. Fees for representing taxpayers in audits 3. Fees for representing taxpayers in tax-related litigation 4. Fees for preparing and filing tax returns
Types of Tax Attorney Fees That Are Not Deductible
Taxpayers cannot deduct certain types of tax attorney fees, including: 1. Fees for general legal advice 2. Fees for estate planning 3. Fees for personal injury lawsuits 4. Fees for divorce proceedings 5. Fees for criminal defense
Conclusion
In conclusion, tax attorney fees are generally deductible, but there are limitations on their deductibility. Taxpayers can deduct these fees if they are related to the production or collection of income. However, taxpayers can only deduct the portion of the fees that exceeds 2% of their AGI. It is important to note that not all tax attorney fees are deductible, and taxpayers should consult with a qualified tax professional to determine if their fees are deductible.
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