what business expenses can a lawyer deduct from taxes

by Kristin Strosin 9 min read

What Business Expenses Can You Deduct as a Lawyer or Law Firm?

  • Home Office. If you are running your law firm or starting a solo law practice from home and you have a designated space...
  • Office Supplies. In addition to your home office expenses, you can claim a tax deduction on 100% of the cost of office...
  • Marketing. Almost all of your marketing campaign expenses are...

Common tax deductions for lawyers
  1. Business expenses. There are many business-related expenses you can claim as part of operating your law firm. ...
  2. Office-related costs. ...
  3. Retirement plan deductions. ...
  4. Transportation and travel expenses. ...
  5. Education. ...
  6. Professional organizations.
Feb 8, 2022

Full Answer

Can you deduct lawyer fees on taxes?

You can deduct your legal fees as long as the lawyer is pursuing taxable income on your behalf, or is working on a determination, collection, or refund of any tax. For example, if you’re going through a divorce and pay $1,000 to a lawyer who is working to secure alimony for you, you may deduct the $1,000.

How to deduct attorney fees on an income tax return?

To enter this information into the TaxAct® program:

  • From within your TaxAct return ( Online or Desktop), click Federal. ...
  • Click Other Adjustments in the Federal Quick Q&A Topics menu to expand the category and then click Other Adjustments at the bottom of the list
  • Enter the data on the screen titled Other Adjustments - Miscellaneous

More items...

Are my attorney fees tax deductible?

Personal attorney fees are deductible in a few types of cases. You may deduct 100% of the attorney fees you incur as a plaintiff in certain types of employment-related claims. These include cases where you are alleging unlawful discrimination, such as job-related discrimination on account of race, sex, religion, age, or disability.

Which legal fees are deductible?

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 ...

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What kind of legal expenses are tax deductible?

Legal fees for tax advice are deductible, and any tax qualifies: income, estate, gift, property, excise or sales and use tax. The fees may involve tax planning or controversies, and even fees for purely personal tax advice qualify (as miscellaneous itemized deductions).

Are business legal expenses tax deductible?

The IRS allows businesses to deduct legal fees that are ordinary and necessary expenses for running the business. These include: Attorney fees, court costs, and similar expenses related to the production or collection of taxable income.

What Cannot be deducted as a business expense?

Anything to do with personal activities or personal spending is a non-deductible expense. As are any political contributions, commuting costs and any gifts over $25. It might seem like an expense is business-related, but sometimes they're not.

What expenses can be claimed for business?

21 Small-business tax deductionsStartup and organizational costs. Our first small-business tax deduction comes with a caveat — it's not actually a tax deduction. ... Inventory. ... Utilities. ... Insurance. ... Business property rent. ... Auto expenses. ... Rent and depreciation on equipment and machinery. ... Office supplies.More items...

What type of expense is legal fees?

Legal fees that are deductible 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).

Can an LLC write off a car purchase?

Can my LLC deduct the cost of a car? Yes. A Section 179 deduction allows you to deduct part of or the entire cost of your LLC's vehicle.

What are 10 examples of expenses?

Common expenses might include:Cost of goods sold for ordinary business operations.Wages, salaries, commissions, other labor (i.e. per-piece contracts)Repairs and maintenance.Rent.Utilities (i.e. heat, A/C, lighting, water, telephone)Insurance rates.Payable interest.Bank charges/fees.More items...•

Can my business pay for my car?

Another way to buy a car through your business as a sole trader is to pay cash and own it outright. If you choose this option, you can expense the cost of the business use element of your car. As a self-employed sole trader, the way you'll get tax relief on your car is by using Capital Allowances.

Is a laptop a business expense?

Computers you purchase to use in your business or on the job are a deductible business expense. If fact, you may be able to deduct the entire cost in a single year.

Can my LLC pay for my cell phone?

Can a Business Pay for an Employee Cell Phone? The IRS calls a mobile phone a working condition fringe benefit. That benefit is defined as "property and services you provide to an employee so that the employee can perform his or her job." As such, it is considered an ordinary and necessary business expense.

Do you need receipts for business expenses?

This ruling means that the IRS must allow business owners to deduct some business expenses, even if they don't have receipts for all of them. That means if you've lost the receipt for a smaller cash purchase, it's usually not a big deal.

Can I write off my garage as a business expense?

You can deduct expenses for a separate free-standing structure, such as a studio, workshop, garage, or barn, if you use it exclusively and regularly for your business. The structure does not have to be your principal place of business or a place where you meet patients, clients, or customers.

What are legal fees for businesses?

These include: Attorney fees, court costs, and similar expenses related to the production or collection of taxable income.

How much are startup costs deducted?

Startup costs are deducted in one of two ways. The costs for creating or buying a business can be deducted, up to $5,000 in the business’s first year . Remaining startup costs must be amortized over time. This includes the costs associated with creating legal documents or paying state incorporation fees.

What are legal fees?

The IRS allows businesses to deduct legal fees that are ordinary and necessary expenses for running the business. These include: 1 Attorney fees, court costs, and similar expenses related to the production or collection of taxable income 2 Fees for defending against criminal charges related to trade or business (legal fees for criminal charges against an individual, such as the business owner, are not tax-deductible) 3 Drafting contracts and reviewing contracts 4 Real estate closings for commercial properties or businesses that buy and sell residential properties (including rental properties) 5 Business incorporation and business planning expenses 6 Business immigration expenses (if you are moving an employee to the US from abroad) 7 Legal fees to file for bankruptcy (of the business, not personal bankruptcy) 8 Attorney fees paid for filing lawsuits and defending the business in any lawsuits 9 Business tax fees 10 Fees related to whistleblower claims 11 Fees related to unlawful discrimination claims 12 Fees related to farm income and expenses

What is personal income tax preparation?

Personal income tax preparation. Legal fees related to immigration of family members or others who are not employees of the business. Don’t risk an audit by trying to deduct legal fees that aren’t related to your business.

What are business immigration expenses?

Business immigration expenses (if you are moving an employee to the US from abroad) Legal fees to file for bankruptcy (of the business, not personal bankruptcy) Attorney fees paid for filing lawsuits and defending the business in any lawsuits. Business tax fees. Fees related to whistleblower claims.

Is legal fees deductible?

The general wisdom is that business legal fees are tax deductible. So long as the fee is both “ordinary and necessary” in the course of business, you can deduct it. By contrast, personal legal fees are not tax deductible. The exception is legal fees incurred by an individual in the course of trade. This is where the lines can become a little blurry.

Can tax preparation fees be deducted in whole?

Revisions to tax rules, beginning in 2019 , made changes to standard deductions, as well as which items can be considered miscellaneous deductions. Tax preparation fees, for example, are no longer categorized this way. To summarize, some fees can be deducted in whole.

Home Office

If you are running your law firm or starting a solo law practice from home and you have a designated space where you do most of your work, you may be able to claim a home office tax deduction. In addition, you can deduct a part of your home expenses because you also use it for business. These include rent, insurance, repairs, and utilities.

Office Supplies

In addition to your home office expenses, you can claim a tax deduction on 100% of the cost of office supplies that you keep on hand and use throughout the year. These include record-keeping supplies such as invoices, receipts, printers, cabinets, storage lockers, and even beverages for the employee break room.

Marketing

Almost all of your marketing campaign expenses are tax-deductible. You must retain all invoices and receipts to include these expenses in your annual budget. Deductions for marketing expenses include the costs of:

Traveling

Another tax deduction available for you as an attorney are business travel expenses. If you have a client to meet in a different city or need to travel for any reason exclusively related to your business, you may deduct your expenses during the trip. These include.

Mileage

If you own a law firm or are a self-employed attorney, you most likely use your car for business purposes all the time. If you have to meet with a client, go somewhere to view evidence, take a deposition or just drive to court, you can take the standard mileage deduction on those business-related drives.

Education

You can claim a tax deduction on ordinary and necessary expenses for the cost of education and training that you may provide to your employees. In addition, you may also deduct the costs of your own education that is related to your trade or business.

Retirement Plans

In the 2020 tax year, the IRS increased the contribution limits for most retirement plans. By contributing to qualifying retirement accounts you may qualify for tax deductions by reducing your taxable income.

Convenience fees

For lawyers who accept online payments, including via credit cards, the convenience fees are tax-deductible.

Professional learning

Continuing legal education that’s required by your state bar or to keep your license is deductible, too.

Marketing

You can add marketing, promotion, and advertising expenses to the list. [1] This means hiring professional services for a blog, advertisements online, and networking expenses. Even taking clients out to dinner—so long as you are truly talking about business—can be deductible.

Home office

Given the pandemic, many lawyers will likely be writing off home office expenses in 2020. To claim this deduction, your home does need to have been your primary place of work for the past year.

What are some examples of miscellaneous deductions?

For example, the following can generally no longer be included in miscellaneous deductions: 1 union dues 2 work clothes 3 hobby expenses 4 tax preparation fees 5 investment expenses

Is legal settlement money taxable?

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.

Can you deduct attorney fees on taxes?

In most instances, the attorney fees from these cases can't be deducted from your taxes.

Do you need to itemize legal fees?

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 ...

Can TurboTax find deductions?

TurboTax will find every deduction and credit you qualify for by asking you simple questions to help you get the biggest tax refund.

Can legal fees be deducted from taxes?

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.

Can you deduct legal fees?

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:

Personal Legal fees

According to the general rule for legal expenses, business-related expenses are tax-deductible. As far as the personal issues legal expenses are concerned, they are not. There are particular exceptions that apply to your business regarding legal expenses that are detailed as under.

Business Legal fees

According to the rules stated by IRC, the legal expenses that are incurred by taxpayers in the specific period of the trade or business, are subjected to be tax deductible, if the legal expenses are necessary and ordinary, such as contract making, merger reports, employee contracts, etc.

Can Tax preparation fees be written off?

Yes, the IRC allows the business owners to write off the tax preparation fees, as it is considered a business expense.

Can Licensing fees be written off?

If you declare your license fee as your business expense, then you can write off the fees. To understand more let’s take an example:

How long can you buy back a taxable account?

The IRS won’t allow you buy back the same security for 30 days (known as the wash-sale rule) but you can purchase a correlated asset immediately after you sell for a loss.

Do lawyers donate to charities?

As a group, lawyers donate hours and hours to pro bono projects. If they aren’t giving time, lawyers donate money and other resources to charity. All charitable donations to a tax-exempt organization are tax-deductible (assuming you itemize your deductions, which is true for many lawyers).

Can I make a non-deductible contribution to a Roth IRA?

Because you can make an non-deductible contribution to a Traditional IRA (i.e. an after-tax contribution) regardless of your income, you can make this contribution and immediately convert it to a Roth IRA. It sounds more complicated than it actually is and can be taken care of with a few clicks.

Can you deduct expenses from Turbo Tax?

You can deduct expenses associated with driving to and from a charity using the IRS federal mileage reimbursement rate and any other expenses associated with donating your time (although you can’t deduct the value for your time.)

Do you pay taxes on HSA contributions?

HSA’s are triple tax advantaged: you don’t pay taxes on the contributions, growth or withdrawal (if such withdrawal is for a qualified health expense). HSA money also rolls over from year to year, so there’s no concern with losing your money at the end of the year (like a Flexible Spending Account).

Can you deduct investment losses against ordinary income?

It’s never great to lose money investing. What is great is that the government will pitch in to share in your loss. You can deduct up to $3,000 a year of investment losses against your ordinary income. If you’re investing in a taxable account, you can sell your investments with losses to generate a taxable loss.

Do lawyers contribute to 401(k)?

A surprising number of lawyers do not contribute to their 401 (k) account. I know this because for a few years I didn’t contribute and many of my peers did not as well.

What are some examples of fees you can deduct?

For example, you can deduct fees paid for: collecting money owed to you by a customer. defending you or an employee in a lawsuit over a work-related claim, such as a discrimination lawsuit filed by a former employee. negotiating or drafting contracts for the sale of your goods or services to customers.

What is estate tax planning?

estate tax planning or settling a will or probate matter between your family members. help in closing the purchase of your home or resolving title issues or disputes (these fees are added to your home’s tax basis) obtaining custody of a child or child support. name changes. legal defense in a civil lawsuit or criminal case—for example, ...

Can you deduct attorney fees if you sue the government?

Certain Property Claims Against the Federal Government. Individuals may also deduct attorney fees if they sue the federal government for damage to their personal property. This applies both to civilians and federal employees.

Is personal legal fees deductible?

General Rule: Personal Legal Fees are Not Deductible. Personal or investment-related legal fees are not deductible starting in 2018 through 2025, subject to a few exceptions. In the past, these fees could be deductible as a miscellaneous itemized deduction. However, the TCJA eliminated these deductions for 2018 through 2025.

Can you deduct attorney fees for a civil case?

lawsuits related to your work as an employee--for example, you can't deduct attorney fees you personally pay to defend a lawsuit filed ...

Is a rental business a business?

Most rental activities qualify as a business. However, some may not. For example, the IRS has indicated landlords who have triple net leases with their tenants are not in business. Such leases require tenants to take care of property maintenance and insurance as well as paying rent.

Is legal fees deductible on taxes?

Legal fees incurred in creating or acquiring property, including real property, are not immediately deductible. Instead, they are added to the tax basis of the property. They may deducted over time through depreciation.

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Associate and Staff Expenses

  • For law firm employees to deduct workplace expenses, their total itemized deductions must exceed the standard deduction and be greater than 2% of adjusted gross income. Only expenses over that amount are deductible. Employees need to keep in mind that not all unreimbursed business expenses qualify as deductions. They must be: 1) incurred during the current tax year; …
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Rules For Partners

  • The rules are more complex for partners. Partners cannot deduct unreimbursed expenses incurred on behalf of the partnership if the firm would have reimbursed the expenses. But if the partnership agreement specifies that partners must pay certain partnership expenses out of their own funds, those expenses generally can be deducted on partners’ individual tax returns (using …
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What Is Deductible?

  • Lawyers typically are able to deduct such unreimbursed expenses as: 1. Dues to professional (but not political or lobbying) associations; 2. Business liability and malpractice insurance premiums; 3. Certain continuing legal education (CLE) costs; 4. Gifts to clients and employees (subject to limitations); and 5. Business-related meals and entertain...
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Getting Professional Advice

  • Determining what qualifies as deductible unreimbursed business expenses can be challenging. Partners, in particular, are urged to seek professional tax advice. Your firm may also want to talk with its tax advisor about such money-saving reimbursement systems as an accountable plan. For information on deductible reimbursed business expenses or accountable plans, contact Kal …
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