When are Legal Fees deductible for Tax?

According to the Income Tax Act in New Zealand, legal fees can be deductible if they are incurred for the purpose of deriving income or are directly related to a taxpayer's business activities.

Here are some key points regarding the deductibility of legal fees in New Zealand:

  1. Business-related legal fees: If legal fees are incurred as part of operating a business or carrying out business activities, they are generally deductible. This includes fees for legal advice, drafting contracts, and defending or pursuing legal action related to business matters.

  2. Investment-related legal fees: Legal fees related to the acquisition or disposal of investments may be deductible. This can include fees for legal advice or documentation related to buying or selling property, shares, or other investments.

  3. Personal legal fees: Legal fees incurred for personal matters, such as divorce, personal disputes, or wills, are generally not deductible. These fees are considered to be of a private nature and are not directly related to the generation of income.

There is an exemption where taxpayers can claim a deduction when total legal expenses for the year are equal to or less than $10,000.

It's important to note that the deductibility of legal fees can vary based on individual circumstances and the specific nature of the expenses. It's advisable to consult with a tax professional or accountant who can provide guidance tailored to your situation.