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    ludmila1's Avatar
    ludmila1 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 6, 2008, 10:58 AM
    Legal fee/filing fee as misc expense
    Hi,
    I and my husband intend to file joint return. We will itemize deductions. We have some H1 and employer based filing fee and attorney fee for our green card. Can I deduct that under misc. deductions ? Since it is employment based, it is not a "personal" legal fee.
    Which forms should I use 2106?

    Thanks,
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 8, 2008, 10:52 AM
    How is the Green card fee job related? Application for H1-b is filed by employer and only employer can deduct these expenses.

    Also your standard deduction is $10,700. You will itemize only if your itemized deduction are more than this amount. Employee business related expenses are subject to 2% AGI limit.
    ludmila1's Avatar
    ludmila1 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Feb 8, 2008, 01:37 PM
    Hi Mukat,
    Thank you for your answer,
    The legal charges in GC that I was referring to were pertaining employment based category. We need it since we write grants which are open ONLY to US-citizens/perm reisdent. If we are not perm res. we can't write those, subsequently can't generate funds for research group or the organisation.

    That is why I was asking if they fall under business related expense.
    Itemizing ded is our best choice since we have home related expenses.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Feb 13, 2008, 02:04 PM
    Ludmila:

    Sorry, MukatA is correct.

    Green Card legal expenses are considered to be personal legal expenses by the IRS and CANNOT be deducted.
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