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June 6, 2019
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On my SSA-1099, box 3, Attorney fees $2,018.50 appear. The fees were for my disability attorney. In addition she charged me $120 directly related to medical records.

  • June 6, 2019
  • 2 replies
  • 0 views
How and where should I enter these figures?
Best answer by fanfare

Only if you itemize, you can deduct the attorney fee in proportion to the taxable amount of SS benefits  over the total SS benefits paid to you. 

It is a miscellaneous deduction also subject to the 2 % of AGI exclusion.

Only attorney cost related to taxable income can be deducted. Since SS Benefits are always to some fraction not taxed,  then your attorney deduction  is reduced by the same fraction.

[Update: the miscellaneous deduction subject to the 2 % of AGI exclusion has been eliminated]

2 replies

fanfare
fanfareAnswer
Employee
June 6, 2019

Only if you itemize, you can deduct the attorney fee in proportion to the taxable amount of SS benefits  over the total SS benefits paid to you. 

It is a miscellaneous deduction also subject to the 2 % of AGI exclusion.

Only attorney cost related to taxable income can be deducted. Since SS Benefits are always to some fraction not taxed,  then your attorney deduction  is reduced by the same fraction.

[Update: the miscellaneous deduction subject to the 2 % of AGI exclusion has been eliminated]

February 3, 2022

SSA 1099  Feds charged me Attorney Fees  Where do I enter that amount as an itemized item

as you mention on Federal worksheet?

May 6, 2024

where do you input it on the SSA-1099 form in the software

DaveF1006
February 9, 2022

@Sundance4 No, because of the Tax Cuts and Jobs Act (TCJA) passed in 2017, legal fees are no longer available as itemized deductions on a federal return. The act eliminated all miscellaneous deductions subject to the 2% AGI exclusion.

 

[ Edited 02/08/22|05:21 PM PST]

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