21 February 2026
Tax season is never anyone’s favorite time of the year—unless you're an accountant, maybe. But hey, there’s a silver lining: deductions. If you're running a business or even dabbling in freelance work, professional services and legal fees can often be deductible. Yes, that lawyer, accountant, or consultant might come with a high hourly rate, but what if Uncle Sam could help you foot the bill?
In this post, we’re breaking down how to deduct professional services and legal fees on your taxes. Think of this as your go-to playbook to keep more money in your pocket and less tied up in tax obligations. Sound good? Let’s dive in.

What Counts as Professional Services and Legal Fees?
Before trying to write anything off, you need to know
what qualifies. Not every bill from a professional is a free ticket to a tax break.
Professional Services
These are services provided by experts like:
- Accountants or CPAs
- Bookkeepers
- Tax preparers (yup, even the person helping you file taxes)
- Business consultants
- Marketing strategists
- IT professionals
- Designers or web developers (if for business use)
If the service is essential to running, managing, or improving your business, odds are you can deduct it.
Legal Fees
Legal fees can be a little trickier, but many are deductible as long as they’re business-related. This could include:
- Drafting or reviewing contracts
- Business formation (like setting up an LLC)
- Lawsuits related to your trade or business
- Dealing with business licenses or regulations
- Employment law advice
💡 Quick Tip: Personal legal fees? Sorry, those typically don’t make the cut. Your divorce lawyer, estate planner, or personal injury attorney likely won’t show up on your deduction list.
The Golden Rule: Business Use Only
Here’s the deal—your deductions need to be strictly tied to your business or income-generating activity. The IRS loves rules, and this one is non-negotiable.
Let’s say you’re a graphic designer. If you pay a CPA to sort out your quarterly taxes, that’s a business expense. But if you hire a lawyer to handle a personal matter—like writing your will—that's a no-go for tax deductions.
If a service has both personal and business elements, things get murky. You might still be able to deduct a portion of the fee. But you’ll need good records and, ideally, an accountant who can help you navigate the gray areas.

Deducting Professional Services and Legal Fees: How It Works
For Sole Proprietors, Freelancers, and Single-Member LLCs
If you're self-employed (even as a side hustle), you’ll report your deductions on
Schedule C (Profit or Loss from Business). Legal and professional service fees go under the category labeled—surprise—
“Legal and professional services.”This is where you'll include:
- Fees paid to accountants or tax prep services (for your business taxes)
- Lawyers hired for business contracts or disputes
- Consultants hired to improve or grow your business
For Partnerships and Corporations
Business entities like LLCs, partnerships, and corporations will report deductions a bit differently—usually on their business tax return (Form 1065 for partnerships, Form 1120 for corporations, etc.).
But the principle remains the same: If the expense is ordinary and necessary for your business, it’s likely deductible.
What About Retainers and Upfront Fees?
Here’s where some folks get tripped up. If you pay a professional a retainer or deposit (common with lawyers), you can only deduct the portion that reflects work that’s actually been done
that year.
Let’s say you pay a lawyer $5,000 in December, but they don’t do the work until January—then the deduction would count for the following year. Timing matters.
Think of it like planting seeds. You can’t claim the harvest until the crop actually grows.
Common Scenarios That Could Be Deductible
Let’s look at some real-world situations where legal or professional fees are deductible:
1. Hiring a Lawyer to Draft Client Contracts
Running a service-based business like freelancing or consulting? You probably need contracts to protect yourself and set clear terms. Paying a lawyer to draft those contracts is a business expense—ding ding, deductible!
2. Getting Help with Business Taxes
Whether it’s tax season or you just want to make sure your books are in top shape, hiring a CPA or bookkeeper is totally deductible. Just make sure the work is tied to your business taxes, not your personal return.
3. Starting an LLC or Incorporating
Structuring your biz the right way matters! Legal fees paid to form your LLC or incorporate can usually be deducted, though sometimes these expenses need to be capitalized and amortized over several years. Fancy accounting term, yes—but don’t worry, your accountant can help with this.
4. Business-Related Lawsuits
Let’s face it—lawsuits happen. If your business gets sued or you need to sue someone else for a business-related issue, legal fees tied to that case can be deducted. Just make sure you’re not on the hook for any personal disputes.
What’s Not Deductible?
Just because a fee comes from a lawyer or professional doesn’t mean it qualifies. Here’s a quick hit list of what usually doesn’t get a tax break:
- Personal legal issues (divorce, custody, criminal defense)
- Legal fees related to buying personal real estate
- Estate planning or writing a personal will
- Fines or penalties paid to the government
- Work done that doesn’t directly impact your income
If in doubt, ask yourself: Does this directly help or relate to my business or income? If the answer’s no, you may be out of luck.
Keep Your Receipts and Documentation
This is where most people slip up—not keeping good records. The IRS loves documentation. If you get audited, they’ll want receipts, invoices, and proof that your deduction was legit.
Use cloud apps like QuickBooks, Expensify, or just a good old-fashioned spreadsheet to record:
- The name of the service provider
- The date and amount you paid
- A description of the service
- How it relates to your business
Trust me, your future self (and your CPA) will thank you.
Pro Tips to Maximize Your Deductions
1. Batch Professional Services Toward Year-End
If you know you’ll need legal or accounting help soon, consider hiring and paying them before December 31st. That way, you can lock in the deduction for this year’s taxes.
2. Keep Business and Personal Finances Separate
Mixing business and personal expenses in the same bank account can cause a mess come tax time. Open a separate business checking account, and pay for business-related services from that account.
3. Work With a Tax Pro
Yes, even hiring a tax pro to help you with all this can be deducted (see how meta that is?). Tax laws shift constantly, and a professional can help you stay compliant while saving money.
What About Legal Settlements?
Interesting twist: if your business receives a legal settlement, that might be taxable income. And if you’re paying a settlement? It might not be totally deductible depending on the details. In many cases, the legal fees tied to the settlement could be deducted, but the settlement itself might not be.
As always, this is where having a pro in your corner pays off.
Final Thought: Don’t Leave Money on the Table
Every year, small business owners and freelancers miss out on hundreds—even thousands—of dollars in potential deductions. Don’t be one of them. Legal and professional services aren’t just necessary evils; they’re also strategic tools that can lower your tax bill.
Just remember the golden rule: the service must be directly related to your business or income-producing activity. If you're unsure, ask a tax pro. After all, paying them is deductible too.
Now, go forth and conquer tax season like a boss.