Detrazioni fiscali

Legal expenses, are they deductible or deductible in 730/2024?

Are legal expenses deductible in 730/2024? Legal expenses are usually quite important and knowing whether they can be deducted or deducted to get a discount on the taxes to be paid is a question whose answer may be of interest to many.
Even if the tax return season still seems very far away, it is better to arrive prepared when submitting the 730/2024, especially on issues that are not very clear such as any deductible expenses and those that are deductible as regards the legal field .
During the year, in fact, many taxpayers turn to a lawyer and also incur expenses of a certain importance.
read also Deductible expenses from 730/2023 that reduce taxable income, here's what they are.
The answer to the question is negative: the individual taxpayer cannot deduct or deduct legal expenses from the tax return.
Even if they have a significant impact on incomes themselves.
Instead, as we will explore further, companies can deduct legal expenses, but only those relating to final judgments, therefore with the exclusion of pending litigation.
Legal expenses: are they deductible or deductible from 730/2024? Therefore, to the question whether legal expenses are deductible in the tax return we must answer in the negative, at least as far as individual taxpayers are concerned.
In fact, in general, the lawyer's fee cannot be deducted, unlike what happens for the notary's expenses relating to the purchase of real estate.
Specifically, it is possible to deduct the notary fees for the sale of properties for residential use at a rate of 19%.
The same thing does not apply to costs relating to the lawyer; therefore the citizen who took part in a civil or criminal trial in 2023 will not be able to benefit from any deduction in 730/2024.
This possibility is granted only to legal entities, or companies, as established by the Court of Cassation in sentence number 16969 of 2016.
In fact, companies can deduct legal expenses relating to final judgments in their tax returns, based on the rates in force at the time the trial took place.
Deductible legal expenses for businesses: how and when As we have anticipated, while private individuals cannot deduct the lawyer's fee, businesses, as legal entities, can benefit from the deduction in their tax return.
In this regard, however, it is necessary to make some clarifications: the Court of Cassation has established that the deductibility of legal expenses for companies is only possible for legal expenses once the trial or mandate is over and not also for pending litigation, in other words, it must be a final ruling.
In this case, the year of competence for the deduction of the cost is obtained by referring to the moment in which the services were completed, taking into account all possible degrees of judgment.
Furthermore, for the lawyer's advice regarding the production of business or self-employment income, both businesses and professionals will be able to deduct VAT and the amount of legal expenses according to their tax regime.
read also Model 730/2024, instructions, deadlines and news of the declaration

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