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Are legal fees for attorney tax deductible?

Are attorney's fees tax deductible?

  • I was recently awarded a settlement, from which my attorney was also paid. Can I deduct these attorney's fees from my taxes?

  • Answer:

    Depends on the service they provided. If its business related, then you can deduct the fees on the business return (1120, 1120S, 1065 or Schedule C). If it was personal, then only the portion that relates to tax advise would be deductible. So if you paid for a will, the portion that was for taxes would be deductible as a miscellaneous itemized deduction subject to 2% of your AGI. Ask your attorney for a detailed statement if there was any tax advice.

Adam S at Yahoo! Answers Visit the source

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Other answers

Depending on what the settlent was for, souch as a personal injury, the amout, itself may not be taxible. If it was business realted and taxable, then the expenses are deductible.

Wizzard2

If the settlement amount is taxable, then you claim the attorney fees as a miscellaneous itemized deduction subject to the 2% threshold. You used to be allowed to reduce the gross taxable amount by the portion that went to the attorney, but a recent Supreme Court case now requires that you report the full settlement as gross income (unless exempt as compensation for a personal PHYSICAL injury) and separately deduct the attorney fee.

taxmannyc

If the settlement proceeds are taxable, you should be able to deduct the attorney's fees (or possibly reduce the gross amount of the settlement that you include in income).

TaxGuru

Nope.... sadly enough

Mopar Muscle Gal

Only if this was in conjunction with a business that you are running. Otherwise not likely.

Fun and Games

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