Can I Deduct Legal Fees on My Taxes? (2024)

Written by a TurboTax Expert • Reviewed by a TurboTax CPAUpdated for Tax Year 2023 • October 19, 2023 7:53 AM

OVERVIEW

With recent changes to the tax laws and adjustments to what counts as being deductible or not, you might be wondering if you're able to deduct any of your legal fees. Follow our guide to determine which legal fees can and cannot be deducted on your taxes.

Can I Deduct Legal Fees on My Taxes? (5)

Key Takeaways

• You can deduct legal fees that are ordinary and necessary expenses directly related to the operation of your business as a business expense.

• Legal fees you incur for resolving tax issues, advice or preparation of tax forms related to your business usually are deductible.

• Fees related to adopting a child are deductible if you qualify for the federal adoption tax credit.

• Legal fees related to personal issues typically can't be included in your itemized deductions.

Deductions for legal fees

Every year when you get ready to file your taxes, you should take stock of what deductions and tax credits you qualify for. On the list for you to consider are any legal fees you might’ve incurred.

Legal fees that are deductible

In general, legal fees that are related to your business, including rental properties, can be deductions. This is true even if you didn't win the legal case in which the legal fees were incurred.

For instance, according to the IRS, you can deduct:

  • Fees that are ordinary and necessary expenses directly related to operating your business (should be entered on Form 1040, Schedule C).
  • Fees for resolving tax issues, advice or preparation of tax forms related to your business (should be included on Form 1040, Schedule C).
  • Fees for rentals or royalties on properties for which you earn income (should be included on Form 1040, Schedule E)
  • Fees related to farm income and expenses (should be included on Form 1040, Schedule F).
  • Fees related to whistleblower claims (should be included on Form 1040).
  • Fees related to unlawful discrimination claims (should be included on Form 1040).

Additionally, the following legal fees, although not associated with your workplace, are also deductible:

  • Fees related to adopting a child if you qualify for the federal adoption tax credit (should be included on Form 8839).

Legal fees that are NOT deductible

Any legal fees that are related to personal issues can't be included in your itemized deductions. According to the IRS, these fees include:

  • Fees related to nonbusiness tax issues or tax advice.
  • Fees that you pay in connection with the determination, collection or refund of any taxes.
  • Personal legal expenses, including:
    • Child custody
    • Purchasing real estate
    • Breach of promise to marry
    • Civil or criminal charges related to personal relationships
    • Personal injury
    • Title preparation
    • Estate planning such as will preparation
    • Property claims or settlements
    • Divorce
  • Fees for defending civil or criminal charges that arise from your participation in a political campaign

While not every kind of legal fee can be deducted, those that can be will need to be itemized.

TurboTax Tip: Make sure your attorney's invoices clearly identify the nature of the services provided. Ask for any bills that list charges for both deductible and nondeductible services to be separated.

What does it mean to itemize your deductions?

When filing your taxes, you can usually either choose to take the standard deduction or to itemize deductions. Both of these options will typically reduce your taxable income, which means that you'll pay less in taxes. In the case of deducting your legal fees, you need to itemize your deductions rather than taking the standard deduction for the tax year

Beginning in 2018, the new tax law limits the types of itemized deductions a taxpayer can claim while at the same time raising the standard deduction. In other words, some of the itemized deductions that you might have taken in previous years are no longer applicable.

For example, the following can generally no longer be included in miscellaneous deductions:

  • union dues
  • work clothes
  • hobby expenses
  • tax preparation fees
  • investment expenses

The 2% rule

When itemizing taxes before 2018, you may remember hearing about the "2% rule." This rule meant that taxpayers who couldn't write off certain expenses related to their jobs were allowed to deduct a portion of those itemized miscellaneous expenses that exceeded 2% of their Adjusted Gross Income (AGI).

As of 2018, deductions related to this 2% rule have been suspended. However, some legal fees can still be deducted if they relate to your work.

Awards from legal settlements and cases

If you were awarded money from a legal settlement or case, it's likely that the award amount will be taxable and should be included in your gross income reported to the IRS. Generally, the only exception is if the money was awarded to you as a result of a lawsuit for physical injury or sickness. But even then, there are other rules and exemptions that may apply, as outlined by the IRS. In most instances, the attorney fees from these cases can't be deducted from your taxes.

Record-keeping tips to make taxes easier

Make sure your attorney's invoices clearly identify the nature of the services provided. If the invoice your attorney provides to you doesn't specify the type of legal advice or counsel, ask the attorney to amend it to include all of the necessary information. That way, you're able to accurately substantiate legal fees that you deduct on your taxes. You can also make the process a lot easier if you ask for any bills that list charges for both deductible and nondeductible services to be separated.

It can be difficult to keep track of the deductions that you qualify for — especially if there are rules like those regarding legal fees. TurboTax will find every deduction and credit you qualify for by asking you simple questions to help you get the biggest tax refund.

With TurboTax Live Full Service, a local expert matched to your unique situation will do your taxes for you start to finish. Or, get unlimited help and advice from tax experts while you do your taxes with TurboTax Live Assisted.

And if you want to file your own taxes, you can still feel confident you'll do them right with TurboTax as we guide you step by step. No matter which way you file, we guarantee 100% accuracy and your maximum refund.

Can I Deduct Legal Fees on My Taxes? (2024)

FAQs

Can I Deduct Legal Fees on My Taxes? ›

Tax deductions: What qualifies and what doesn't

Are legal fees tax-deductible IRS? ›

While personal legal fees are generally not tax deductible, legal fees related to business often are. To ensure compliance and maximize your deductions, it's wise to consult a financial advisor with tax expertise who can provide guidance tailored to your unique situation.

Are legal settlement fees tax-deductible? ›

Generally, amounts paid in settlement of lawsuits are currently deductible if the acts which gave rise to the litigation were performed in the ordinary conduct of the taxpayer's business.

What legal and accounting fees are tax-deductible? ›

You can deduct any accounting fees that you pay for your business as a deductible business expense. For example, fees you pay an accountant to set up or keep your business books, prepare your business tax return, or give you tax advice for your business.

What costs can I deduct from my taxes? ›

If you itemize, you can deduct these expenses:
  • Bad debts.
  • Canceled debt on home.
  • Capital losses.
  • Donations to charity.
  • Gains from sale of your home.
  • Gambling losses.
  • Home mortgage interest.
  • Income, sales, real estate and personal property taxes.

What is legal deduction? ›

Deduction in tax law (referred to as a tax deductible) means an item or expense that can reduce the taxes a person owes in a given year. A deductible item is subtracted from the total taxable income which can substantially reduce taxes owed by an individual or corporation.

What is an example of a legal and professional fee? ›

Legal and professional fees

These include fees charged by lawyers, accountants, bookkeepers, tax preparers, and online bookkeeping services such as Bench. If the fees include payments for work of a personal nature (for example, making a will), you can only deduct the part of the fee that's related to the business.

Are attorneys fees settlements taxable? ›

In fact, 100% of the settlement is taxable to the plaintiff, and 100% of the legal fees are taxable to the lawyer. And, yes, if the settlement agreement is not explicit, the defendant might issue a Form 1099.

Is a emotional distress settlement taxable? ›

Additionally, if the personal injury award is for personal, physical injuries, or ailments, it does not need to be reported as income. This includes situations where the award is for mental anguish or distress, so long as that distress stems from a physical trauma relating to the incident.

Are legal fees for punitive damages deductible? ›

This means any plaintiff who receives punitive damages will be taxed on the total amount of punitive damages, INCLUDING the portion paid to the attorney as a contingent fee.

Are health insurance premiums tax deductible? ›

Health insurance premiums are deductible if you itemize your tax return. Whether you can deduct health insurance premiums from your tax return also depends on when and how you pay your premiums: If you pay for health insurance before taxes are taken out of your check, you can't deduct your health insurance premiums.

What type of account is legal expenses? ›

According to the "golden rules" of accounting, expenses are recorded as nominal accounts and have a debit balance. Legal expenses are costs incurred by a company in relation to its business operations, such as fees paid to lawyers for their services. Therefore, legal expenses should be recorded as a debit.

Are Medicare premiums tax deductible? ›

Yes, Medicare premiums are tax deductible as a medical expense as long as you meet two requirements. First, you must itemize your deductions on your tax return to deduct them from your taxable income. Second, only medical expenses that exceed 7.5% of your adjusted gross income (AGI) are deductible.

How much can I claim without receipts? ›

Total work expense

That means you can claim a total of $300 without receipts, although you are required to show how you spent money on the item and how your claim was calculated. The total work expense limit does not include travel expenses, car expenses, or meal allowance.

How can I increase my tax refund? ›

4 ways to increase your tax refund come tax time
  1. Consider your filing status. Believe it or not, your filing status can significantly impact your tax liability. ...
  2. Explore tax credits. Tax credits are a valuable source of tax savings. ...
  3. Make use of tax deductions. ...
  4. Take year-end tax moves.

How do I maximize my tax deductions? ›

Many everyday expenses can be itemized as deductions on your income tax return. Categorize your expenses into IRS-approved deduction categories such as medical and dental expenses, deductible taxes, home mortgage points, etc. Bunch your expenses into one tax year to maximize the value of your deductions.

How do you categorize legal fees? ›

In general, professional fees should be categorized as operating expenses on a company's income statement. However, there may be some instances where professional fees are classified as other expenses, such as in the case of certain legal fees that are considered one-time charges.

Are legal fees capitalized or expensed? ›

Legal fees can indeed be capitalized under certain circ*mstances. If the legal fees are directly associated with the acquisition, construction, or improvement of a capital asset, they may be capitalized. Keep in mind, though, that not all legal fees are created equal. Some may still need to be expensed.

Are attorney fees deductible on Form 1041? ›

On Form 1041, you can claim deductions for expenses such as attorney, accountant and return preparer fees, fiduciary fees and itemized deductions. After the section on deductions is complete you'll get to the kicker – taxes and payments.

What is Section 62 A 20 of the Internal Revenue Code? ›

Internal Revenue Code Section 62(a)(20)

Adjusted gross income defined. (a) General rule. For purposes of this subtitle, the term "adjusted gross income" means, in the case of an individual, gross income minus the following deductions: (1) Trade and business deductions.

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