Tax

Have a tax question? Ask a tax Expert

Ask an Expert,
Get an Answer ASAP!


, Can I claim deductible tax expenses legal fees I paid…

Customer Question
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
Show More
Show Less
Ask Your Own Tax Question
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: 33,272
Experience: Taxes, Immigration, Labor Relations
Verified

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.

Ask Your Own Tax Question
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.

.
I appreciate if you take a moment to rate the answer.
Experts are ONLY credited when answers are rated positively.
If you still have any doubts, need clarification - please be sure to ask.
I am here to help you will all tax related issues.

Ask Your Own Tax Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a tax professionalLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lev Your Own Question
Lev
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,272
33,272 Satisfied Customers
Experience: Taxes, Immigration, Labor Relations

Lev is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,338 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,512 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

PhillipsEsq.

PhillipsEsq.

Attorney-at-Law

59 satisfied customers

B.A., M.B.A, J.D.

Robin D.

Robin D.

Senior Tax Advisor 4

15,569 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,655 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

< Previous | Next >

Related Tax Questions
I paid an attorney to apply for Medicaid for anow elderly
I paid an attorney to apply for Medicaid for anow elderly parent that I claim as a dependent. Can I write off the legal fees as a medical expenses? If not, can they at least be written off as miscella… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
Background LLC—Owned the real estate and held a significant
Background LLC—Owned the real estate and held a significant portion of the debt to SBA and others. I was the sole member of the LLC S Corp-Operated the business and held some of the SBA debt (leasehol… read more
PDtax
PDtax
Owner
Master\u0027s Degree
1 satisfied customers
I am looking regarding deductible expenses J-1 visitor, US
Hello, I am looking for information regarding deductible expenses for a J-1 visitor, for his US tax return. … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
I recently received a W2 from my previous employer. The W2
I recently received a W2 from my previous employer. The W2 is for all visa processing, immigration and green card expenses the employer did on my behalf. The expenses is a total of money spent over pa… read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,641 satisfied customers
Yes. Our church paid the lawyer & Government filing fees Chinese pastor'
Yes. Our church paid the lawyer & Government filing fees for our Chinese pastor's H1B visa. Are they taxable to the Pastor as additional income? then same question for permanent visa application. Past… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
Are the fees incurred by an employer associated with obtaining
Are the fees incurred by an employer associated with obtaining H1b visas, such as the attorney's fees for the petition, visa application fees, translation fees, etc., taxable as income to the employee… read more
Lev
Lev
Tax Advisor
Bachelor's Degree Equivalent
33,272 satisfied customers
My friend paid ~$10k in immigration fees (court filing and
My friend paid ~$10k in immigration fees (court filing and attorney fees) in 2013 to help get an employment based greencard. (she's from Taiwan) Is this something which she can list as a deduction? Sh… read more
CFEPro789
CFEPro789
Fraud Analyst
Master\u0027s Degree
369 satisfied customers
my husband and i were separated when he died and had no will
my husband and i were separated when he died and had no will i had to hire lawyer to handle the estate and paid on estimated assets - it turned out to be waaaay less becuz of real estate market - i fi… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
I have a major annual visa expense and need to know if I can
I have a major annual visa expense and need to know if I can deduct it and in what category. 11/01/09 I moved to a foreign country. In 2010 I returned back to the USA for 25 days for work and made $16… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
15,569 satisfied customers
Is the fees I paid to the county for legal guardianship of
Is the fees I paid to the county for legal guardianship of my grandson after his mother died tax deductable?… read more
Merlo
Merlo
Tax Consultant
558 satisfied customers
I sponsored an individual from the UK on a 01-work visa. How
I sponsored an individual from the UK on a 01-work visa. How do I pay the individual on a W-2 or a 1099 misc form?… read more
RD
RD
Self Employed
Master's Degree
1,164 satisfied customers
An E-2 visa holder has also hired a worker on an Hb1 visa ,
An E-2 visa holder has also hired a worker on an Hb1 visa , are the associated legal fee's considers a deductible expense; for both visas? For either the E-2 visa holder or the LLC that the visa holde… read more
Lev
Lev
Tax Advisor
Bachelor's Degree Equivalent
33,272 satisfied customers
Hi ! I am an international 2nd year MBA student in California
Hi ! I am an international 2nd year MBA student in California and am planning to work in the U.S.. I am looking at doing my 2009 tax. I worked last summer (US$9,000 in revenues). I would like to know … read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
Hello, this past year I brought my wife and her daughters to
Hello, this past year I brought my wife and her daughters to the USA from Thailand, and we married last October (in Wisconsin). My question is, are the flights, homeland security fee's (about $3100.00… read more
Merlo
Merlo
Tax Consultant
558 satisfied customers
I am on parole and pay a monthly fee to the state for supervisory
I am on parole and pay a monthly fee to the state for supervisory charges, electronic monitoring and the such. Are these charges tax deductible as they are substantial and required?… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
Are work visa fees like H-1B or permanent residency visa ...
Are work visa fees like H-1B or permanent residency visa fees than can be up to $10,000 in legal fees tax deductible?… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
Are US Immigration fees (those necessary to change ...
Are US Immigration fees (those necessary to change your alien status to obtain green card) tax deductable? Optional Information: Kentucky Already Tried: more detail on question- the fees (~$600) in qu… read more
Lev
Lev
Tax Advisor
Bachelor's Degree Equivalent
33,272 satisfied customers
I am a US citizen living in the US. My father is a Peruvian ...
I am a US citizen living in the US. My father is a Peruvian citizen. He is living with me for part of the year on a tourist visa. I am covering most of his expenses this year and in particular I expec… read more
Christopher Phelps
Christopher Phelps
Sole Practitioner
Master Degree
1,180 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x