Are union dues tax deductible?

Updated May 05, 2026 by Chris Rubino, EA
Hands surrounding a pile of money

Union dues are the classic example of an "employee business expense": costs paid by workers to carry out their jobs or maintain their professional standing. However, the tax treatment of these dues has changed significantly in recent years.

Under the current federal law, most employee business expenses are not deductible. The suspension of these deductions, which began in 2018, was originally set to expire after 2025; however, recent legislative updates have permanently disallowed "miscellaneous itemized deductions subject to 2% of adjusted gross income (AGI)" at the federal level.

Despite this, there are specific exceptions where you can still find tax relief.

 

1. Specific Professions


While the average W-2 employee cannot deduct union dues, the IRS still allows certain "above-the-line" deductions for specific professions. If you fall into these categories, your deduction is an adjustment to income (reducing your Adjusted Gross Income) rather than an itemized deduction:
 

  • Qualified Performing Artists: You must have worked for at least two employers, had business expenses exceeding 10% of your performance-related income, and have an adjusted gross income (AGI) of $16,000 or less.
  • Fee-Based Government Officials: This applies if you are compensated at least partially on a fee basis (e.g., a Justice of the Peace).
  • Armed Forces Reservists: If you travel more than 100 miles from home for service.


Note: These taxpayers should use the latest version of IRS Form 2106 (Employee Business Expenses) to claim these costs.

 

2. Statutory Employees and Sole Proprietors (Schedule C)


If you are a sole proprietor or a statutory employee (checked in Box 13 of your W-2), you are in a much better position. You can deduct union dues on Schedule C (Profit or Loss From Business).

To qualify, the expense must be "ordinary and necessary:"
 

  • Ordinary: Common and accepted in your trade.
  • Necessary: Helpful and appropriate for your business.


Expert Tip: If you are an independent contractor and your contract requires union membership to work on specific sites, the dues are clearly a necessary business expense. If membership is purely optional and offers no direct business benefit, it may be harder to justify in the event of an audit.

 

3. State-Level Deductions: Where You Might Save


Even though the federal government has tightened the rules, many states do not fully comply with federal tax law. This is the most common way workers still receive a tax break for union dues today.
 

  • State Exceptions: States like New York, California, and Pennsylvania often allow residents to deduct union dues on their state returns.
  • Tax Software Strategy: Always enter your total union dues into tax preparation software like TurboTax®. Even if the software shows $0 benefit for your federal return, it will automatically apply the deduction to your state return if your state allows it.

 

Summary Table: Can I Deduct My Dues?

Taxpayer Type  Federal Deduction? Form to Use
Standard W-2 Employee No N/A (Check State)
Statutory Employee Yes Schedule C
Performing Artist Yes Form 2106
Sole Proprietor Yes Schedule C
Armed Forces Reservist Yes Form 2106
Fee-Basis Gov. Official  Yes Form 2106



The Bottom Line: While the federal "door" is mostly closed for the average worker, the "window" remains open for contractors and residents of union-friendly states. Always consult with a tax professional to see how the recent 2026 state law changes affect your specific filing.

This post was originally published on April 16, 2020 and has since been reviewed and updated.

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Chris Rubino, EA

Chris Rubino, EA
Tax Content Developer

 
Chris’ current job title at TaxAudit is Tax Content Developer. He is an Enrolled Agent, and at present spends most of his time in the Education and Research Department, writing texts for the Education team and researching tax questions that arise during audits. During his time at TaxAudit he has been in a number of roles, including Return Reviewer and Audit Representative. He brought a varied financial background to TaxAudit, including income tax preparation and financial planning advisement. 
 

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