San Francisco, CA asked in Tax Law for California

Q: When deducting attorneys fees incurred for the collection of taxable alimony, do I deduct the full amount incurred?

On my tax returns, When deducting attorneys fees incurred for the collection of taxable alimony, do I deduct the full amount incurred or only the portion that I paid? I still owe on the total I incurred.

For example- I incurred $15,000 in attorneys fees to enforce collection of taxable alimony, but have paid $10,000 of that amount thus far. Which amount do I put as the deduction?

Related Topics:
2 Lawyer Answers
David S. Greenberg
David S. Greenberg
PREMIUM
Answered
  • Tax Law Lawyer
  • San Diego, CA
  • Licensed in California

A: You can deduct only the amount you actually paid.

Zaher Fallahi
Zaher Fallahi
Answered
  • Tax Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Without doing any research, my best guess would be “none of the fee may be deducted”. The reason is that this may be considered “personal” and you may have been able to deduct it subject to 2% limitation before 1-1-2018, which was repealed by the 2017 tax law. Of course, your paid lawyer may research the law and find an exception for you. I hope this will not offend you. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax advice. For specific advice please consult your legal counsel.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.