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List Of Without Are Tax Attorney Fees Deductible In 2020 Ideas


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

Are Tax Attorney Fees Deductible in 2020?

Introduction

As the year 2020 has come to an end, taxpayers are busy preparing their tax returns for the year. If you have hired a tax attorney to assist you with your tax matters, you may be wondering whether their fees are deductible on your tax return. In this article, we will explore whether tax attorney fees are deductible in 2020.

Firstly, it is important to understand that not all legal fees are deductible on your tax return. The IRS only allows you to deduct legal fees that are related to producing or collecting taxable income, or that are related to the determination, collection or refund of any tax.

Deductible Tax Attorney Fees

If you have incurred tax attorney fees that are related to the production or collection of taxable income, or that are related to the determination, collection or refund of any tax, then those fees are deductible on your tax return. For example, if you have hired a tax attorney to assist you with the preparation of your tax return or to represent you in an audit or tax dispute, then their fees are deductible.

Similarly, if you have incurred tax attorney fees in connection with the sale of a business or the disposal of an asset, then those fees may also be deductible, as they are related to the production of taxable income.

Non-Deductible Tax Attorney Fees

On the other hand, if you have hired a tax attorney for personal reasons, such as to prepare a will or to handle a divorce, then their fees are not deductible on your tax return. Similarly, if you have hired a tax attorney to defend you against criminal charges, then their fees are not deductible, as they are not related to the production or collection of taxable income, or to the determination, collection or refund of any tax.

Limitations on Deductibility

It is important to note that even if your tax attorney fees are deductible, there may be limitations on the amount that you can deduct. For example, if you have incurred legal fees that are related to the production or collection of taxable income, then those fees are subject to the 2% miscellaneous itemized deduction limit. This means that you can only deduct the amount of legal fees that exceed 2% of your adjusted gross income.

Furthermore, if you have incurred legal fees that are related to the determination, collection or refund of any tax, then those fees are not subject to the 2% miscellaneous itemized deduction limit. However, they may be subject to other limitations, such as the alternative minimum tax.

Conclusion

In conclusion, tax attorney fees are deductible on your tax return if they are related to the production or collection of taxable income, or to the determination, collection or refund of any tax. However, there may be limitations on the amount that you can deduct, depending on the nature of the legal fees that you have incurred.

If you are unsure whether your tax attorney fees are deductible, it is always best to consult with a qualified tax professional. They can help you determine whether your legal fees are deductible and can also assist you with the preparation of your tax return.

Remember, it is always better to be safe than sorry when it comes to your tax return. By seeking the advice of a qualified tax professional, you can ensure that you are claiming all of the deductions that you are entitled to, while minimizing your risk of an IRS audit.


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