When are attorney fees tax deductible On what basis? from thelawadvisory.com
Are Tax Attorney Fees Deductible in California?
Introduction
Paying taxes can be a complicated process, especially for those who are not familiar with the laws and regulations. That's why many taxpayers hire tax attorneys to help them navigate the complex tax system. However, hiring a tax attorney can be expensive, and taxpayers often wonder whether they can deduct the fees on their tax returns. In this article, we will explore whether tax attorney fees are deductible in California.
What are Tax Attorney Fees?
Tax attorney fees are the fees that taxpayers pay to their attorneys for tax-related services. These services can include tax planning, tax preparation, tax audits, tax appeals, and other tax-related legal issues. Tax attorney fees can vary depending on the complexity of the case and the experience of the attorney.
Deductibility of Tax Attorney Fees in California
In California, tax attorney fees are generally deductible as a miscellaneous itemized deduction on the taxpayer's federal income tax return. However, there are certain limitations and restrictions that taxpayers should be aware of.
Limitations on Deductibility
Tax attorney fees are subject to a 2% floor, which means that taxpayers can only deduct the fees that exceed 2% of their adjusted gross income (AGI). For example, if a taxpayer's AGI is $100,000, they can only deduct tax attorney fees that exceed $2,000.
Alternative Minimum Tax (AMT)
Taxpayers who are subject to the Alternative Minimum Tax (AMT) may not be able to deduct tax attorney fees. The AMT is a separate tax system that limits the taxpayer's ability to take certain deductions and credits.
Types of Tax Attorney Fees that are Deductible
Taxpayers can deduct tax attorney fees for services related to the production or collection of income, tax planning, and tax advice. However, taxpayers cannot deduct tax attorney fees for personal tax advice or services related to a tax-exempt income.
Record-Keeping Requirements
Taxpayers must keep accurate records of their tax attorney fees to support their deduction. The records should include the name of the attorney, the date of the service, the type of service, and the amount paid.
Conclusion
In conclusion, tax attorney fees are generally deductible in California as a miscellaneous itemized deduction on the taxpayer's federal income tax return. However, taxpayers should be aware of the limitations and restrictions on deductibility, such as the 2% floor and the AMT. Taxpayers should also keep accurate records of their tax attorney fees to support their deduction.
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