Kids childcare expense credit

Hello,

 

I work on a full time job on W2. We have 2 kids who attend the preschool. We pay for the preschool out of pocket currently.

 

My wife has recently started a small online business which has not generated any income. Prior to this wife was not working.

 

As I understand there are certain restrictions where we can't get the childcare expense credit when both parents are not working. 

 

Given the above situation, would you please help answer these questions:

  • Do we get the childcare credit on the tax return for 2024 next year?
  • Are we eligible to open the flexible spending account to pay for preschool fees?

Thank you!