Can I use Dependent care FSA towards my Child's tuition fee for Pre-School operated by a Church?

[Anonymous]

PS: we are on a work permit and my child has an ITIN but not an SSN

[Carl]

No. FSA funds can only be used for qualified medical expenses or daycare expenses. One example of a qualified medical expense would be using FSA money to pay your deductible for a medical procedure, or to pay for medical care not covered by insurance. Since tuition has nothing to do with a medical need, or daycare, it would not qualify.

[Critter]

Costs to watch a child before they are in Kindergarten are usually considered daycare or preschool facilities ... so if the child attends preschool ask the church for their EIN for the form 2441. You used the word "tuition" however you normally pay preschools a fee instead.