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Anne, can we deduct our legal expenses (fees paid to an

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Hi Anne, can we...

Hi Anne, can we deduct our legal expenses (fees paid to an attorney) for adoption/gestational surrogacy. We live in California and will need to establish ourselves as the 'intended parents' in the court system and finalize our guardianship upon birth.

Accountant's Assistant: The Accountant will know how to help. Is there anything else important you think the Accountant should know?

We have adopted in the past and could deduct the legal fee, I am guessing this is similar since we need to legally 'adopt/establish' ourselves as parents upon the birth of the child.

Submitted: 7 months ago.Category: Tax
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Customer reply replied 7 months ago
We will incur approximately $14k in legal fee's due to the process of using 'third party' reproduction which involves an egg donor and gestational surrogate.
Answered in 18 minutes by:
11/30/2017
Tax Professional: Lev, Tax Advisor replied 7 months ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,115
Experience: Taxes, Immigration, Labor Relations
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In general - legal fees are deducted if paid in connection to taxable income...

As these fees are NOT related to any taxable income - these are personal non deductible expenses.

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Tax Professional: Lev, Tax Advisor replied 7 months ago

HOWEVER - court costs and attorney fees are qualified adoption expenses for purposes of claiming both a tax credit for qualified adoption expenses paid to adopt an eligible child and an exclusion from income for employer-provided adoption assistance.

Thus if you qualify and do claim the credit - these fees may be included.

See here for details

https://www.irs.gov/taxtopics/tc607

Let me know if you need any clarification this matter.

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