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Can I claim deductible...

Can I claim deductible tax expenses for the legal fees I paid to obtain an O-1 visa ?

Submitted: 2 years ago.Category: Tax
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Answered in 21 minutes by:
1/19/2016
Tax Professional: Lev, Tax Advisor replied 2 years ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 32,844
Experience: Taxes, Immigration, Labor Relations
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If you paid legal expenses for the prospective employee - these are deductible.

But if you paid legal visa expenses for yourself - no deduction is allowed.

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Tax Professional: Lev, Tax Advisor replied 2 years ago

According to the IRS -

You can deduct legal fees related to doing or keeping your job.

and you can deduct legal fees related to producing or collecting taxable income or getting tax advice.

To deduct immigration visa related fees - we need to consider if these are qualified business expenses?

To be deductible, a business expense must be both ordinary and necessary. An ordinary expense is one that is common and accepted in your trade or business. A necessary expense is one that is helpful and appropriate for your trade or business.

So far when the company hires foreign employees and pays legal fees related to their working visas - these are ordinary and necessary expenses and as such are deductible for the company.
However if you pay your own immigration fees - these are NOT ordinary and necessary expenses for your trade or business and may not be deducted.

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