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The Daily Insight

Can you deduct attorney fees on a disability claim?

Author

Andrew Mclaughlin

Published Mar 05, 2026

However, the legal fees and expenses incurred related to disability income payments may still be deducted by the clients or if court awarded, not included in income at all! Clients can still deduct attorney fees based on claims that qualify for “above the line” deductions

Can you deduct legal fees in an employment case?

Some plaintiffs can end up unable to deduct their legal fees even in employment cases. Also, only employment (and some types of whistleblower) claims qualify for the above-the- line deduction. There has always been concern that the IRS could limit deductions for legal fees by attributing them to particular claims.

Are there any deductions for attorney’s fees for 2018?

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.

Are there any legal fees that are no longer deductible?

Most personal legal fees are no longer deductible under the Tax Cuts and Jobs Act. The odds are good you’re going to need legal advice some day. Maybe you’re thinking about getting a divorce, need help writing a lease for the house you want to rent, or were injured in an auto accident and want to sue the other driver.

Which is an example of a deductible attorney fee?

Examples of Deductible Fees. Attorney fees incurred in a Social Security appeal are deductible to the extent that the benefits obtained are taxable—for example, if 50% of the benefits are taxable, 50% of your attorney fees are deductible. Attorney fees incurred to evict a tenant from a rental property are deductible.

Can you deduct non contingent attorney fees on your taxes?

A non-contingent legal fee agreement is when a client pays the attorney’s legal fees up front. Contingent attorney fees may not be deductible, but non-contingent attorney fees may be deductible. Before deducting these fees, talk to a tax specialist to determine if the fees are deductible based on the details of your case.