Can i tax deduct private school tuition because it allows me to work since all public schools in my state are only doing distance learning or only 1 day a week in person?

[DonMateo03]

I am a lawyer and bringing my kids in to work disrupts me and my colleagues.  Public schools only offer 1 day per week in person.  A hired nanny is not a school teacher.  I know traditionally private school tuition is not allowed to be deducted for kinder and older, but this may be different because it actually allows me to work.  Is there a good faith exception for this child care deduction?

[DawnC]

There is no private school deduction, but hiring the nanny may qualify you for the  Child and Dependent Care Credit.  

The Child and Dependent Care Credit (not to be confused with the similar-sounding Child Tax Credit) can reduce your tax bill if you paid for a dependent's care so that you could work or look for work.

To qualify for this credit, you must meet all of these criteria:

• You (and your spouse, if filing jointly) must have earned income.
  • The earned income requirement for one spouse is waived if s/he was a full-time student or disabled (if they lived with your spouse for more than 6 months in 2019).
• You paid caregiving expenses so that you (and your spouse, if filing jointly) could work or look for work.
  • The work/look for work requirement for one spouse is waived if s/he was a full-time student or disabled (if they lived with the other spouse for more than 6 months in 2019).
• You paid a caregiver to care for a Qualifying Person. The caregiver can't be:
  • Your spouse
  • Your dependent
  • Your child if they were under 19 on the last day of 2019, even if not your dependent
  • The parent of the Qualifying Person, if the Qualifying Person is your child under the age of 13 during 2019
• You can't file with the Married Filing Separately filing status (except under certain circumstances).
• You must furnish the care provider's name, address, and (unless it's a tax-exempt organization) their SSN, ITIN, or EIN on your return.

The credit is worth anywhere from 20% to 35% of your qualified expenses, up to $3,000 (for one qualifying person) and $6,000 (for two or more qualifying persons). Your percentage depends on your AGI, with the higher percentages applying to lower incomes and vice-versa.

TurboTax will determine your eligibility and calculate the maximum credit allowed.

Related Information:

• Who is a Qualifying Person for the Child and Dependent Care Credit?
• How do I get to the Child and Dependent Care Credit in TurboTax?

[xmasbaby0]

EDUCATION EXPENSES

Education expenses for grades K-12 are not deductible on your Federal return, whether for private, public, or home schooling, nor are the expenses for tutoring, after school lessons or after school activities, such as dance lessons, sports, etc.  Some states allow deductions/credits for K-12 education and/or home schooling expenses; if your state has these deductions available, you will be prompted to enter them when you prepare your state return.  (As far as I know, the states that offer any sort of K-12 deductions/credits are Arizona,  Illinois, Indiana, Iowa,Louisiana, Minnesota, and Wisconsin)

[Hal_Al]

Some states allow a private school tuition deduction.  If yours is one, it will come up in the state interview.

529 plan money can be used to pay K-12 pvt school tuition.