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Schedule E
Schedule E

Schedule ESupplemental Income and Loss

10 — Legal and Professional Fees Updated for tax year 2025

Does this apply to you?

  • You hired an attorney to draft lease agreements or handle an eviction
  • You paid a CPA or tax preparer to prepare the rental portion of your return
  • You consulted a real estate attorney about landlord-tenant law
  • You hired a professional to handle a tenant dispute or property lien

Easy to overlook

Eviction legal fees are fully deductible Attorney fees for eviction proceedings — filing fees, court costs, legal representation — are deductible rental expenses in the year paid. Landlords facing their first eviction often do not realize these costs are deductible because they view them as an unfortunate loss rather than an operating expense. An eviction that costs $2,000-$5,000 in legal fees produces a meaningful deduction. 1 IRS Publication 527 — Residential Rental Property

Tax preparation fees allocable to Schedule E are deductible If your tax preparer itemizes the fee for preparing Schedule E separately, that amount goes on line 10. If the fee is bundled, allocate a reasonable portion to Schedule E based on the complexity of your rental reporting. Under current law, miscellaneous itemized deductions for tax preparation are not deductible on Schedule A, but the rental-related portion remains deductible here as a business expense. 2 General filing pattern — eviction legal costs not deducted

Watch out for this

Deducting legal fees related to the purchase or sale of the rental property. Acquisition legal fees (title review, closing attorney fees) are added to the property’s cost basis and recovered through depreciation. Sale-related legal fees reduce the gain on disposition. Only legal fees for ongoing rental operations belong on line 10.

Footnotes

  1. IRS Publication 527, Residential Rental Property, Legal and Other Professional Fees. https://www.irs.gov/pub/irs-pdf/p527.pdf

  2. IRS Publication 527, Residential Rental Property, Tax Preparation Fees. https://www.irs.gov/pub/irs-pdf/p527.pdf

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