IRC 125 vs Box 10 on W-2 for NYS Taxes

[dkaiser]

My New York State Taxes are asking about IRC 125.  I'm reading online that IRC 135 can be dependent care flexible account.  I do tax out for a Dependent Care Flexible Account, but it's on my box 10 on my W-2.  Do I use box 10 for this IRC 125 question?  

[MaryK4]

It depends.  Dependent Care benefits can be part of a 125 Cafeteria Plan but they are not always. The Dependent Care Benefits are reported in Box 10, but once again, this is not definitive.  You can ask your employer or benefits manager, but if it helps-- a 125 Cafeteria Plan is one in which your employer gives you options (like at the cafeteria) of different choices and/or a cash option so if you remember making the election it would be included.  They can also be listed in Box 14 of your W2.