Can my boyfriend and I both contribute to a dependent care FSA (max amount)? We have two children, live together, and both work full time. We would each claim one child come tax time. Also, in this situation would we both be able to claim head of household?
You'll need to sign in or create an account to connect with an expert.
Yes, you can each contribute to an FSA, as long as you don't plan on getting married next year. (If you do get married, the excess amount will be disallowed and added back to your taxable income, but there is no penalty.)
You would each need to claim one child as a dependent and pay for care for that child, and you will need separate receipts from the care provider for each child.
Only one person can file HOH, that would be the person who pays more than half the total household expenses. (It must be more than half, but even $1 more is enough. If you contributed exactly half each, no one could claim HOH.) The other person will file as single with the other dependent.
My fiancee and I are in this same boat. We will be getting married next year in October. When you say the excess amount, are you only talking about Oct-Dec or would the entire year be considered excess?
Once you marry you must follow the married rules for the entire tax year so you will be limited to ONE FSA limitation even if you file separately (not single or HOH).
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
neldaacarrasco
New Member
skibum11
Returning Member
mangumwa
New Member
mrusiewski
New Member
Dona21
New Member