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Is Bail Tax Deductible?

Paying bail is not usually a person’s favorite way to spend their money, but sometimes it is necessary. So it is only natural to wonder if it is possible to deduct what is paid out in bail on an individual’s annual income tax return. Learn here what experts have to say about this common question.

What is Bail Money For, Anyway?

Individuals who have been arrested and jailed and want to get out of jail and live at home until their court date can post what is called “bail money” to do so. This money is seen as a guarantee that the individual will show up for their scheduled court date.

How Does it Work to Post Bail?

Posting bail” is a term that simply means “to pay bail money.” The court will set bail at a certain amount. If the jailed individual has the money on hand and can pay the full amount themselves, then they can leave and go home as soon as all the bail and release paperwork has been processed.

If the jailed individual does not have enough money to pay the full amount of the bail on their own, that person will need to arrange to work with a bail bond company to be able to pay their bail and go home. Typically, the bail company will ask the customer to pay what is called a “downpayment” on the full amount of the bail and then they will pay the rest. For instance, if the customer’s bail is set at $500, that person may be asked to pay 10 percent of that amount, or $50, to the bail company.

The bail bond company will then turn around and pay the full $500 on the customer’s behalf to the court so that person can get out of jail and go home.

Posting Bail On Your Own Versus Using a Bail Bond

If the jailed individual posts the full amount of their bail on their own without using a bail bond company, and they show up for your court hearing, they will be entitled to a full refund of what they paid in most cases.

However, if the jailed individual used a bail bond company to post their bail, when they show up for court, the court will give the bail bond company a full refund (their $450 plus your $50). The individual on trial will not get a refund of the $50 they paid to the bail bond company.

Why Isn’t Bail Money Tax-Deductible?

It is only natural to wish that bail money would be something that is deductible on an annual tax return. However, even though technically it is money that is paid to a government entity, it isn’t a “tax” at all. Rather, it is a type of fine and a guarantee that the individual will show up for their assigned court date. So even if the bailiff uses the term “bail tax,” it will not be deductible.

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