Do the credit and deduction have the same qualifying rules? Does a babysitter qualify for both or does it have to be an institution?
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No, your babysitter qualifies and it doesn't matter is you used your FSA or paid out of pocket.
However, the FSA is pre-tax and if you deducted the maximum $5,000, you won't get an additional Child and Dependent Care credit on your tax return, even if you spent more than $5,000 for babysitting costs. That would be double dipping.
For a further explanation, click here to see the answer to a previously posted question.
No, your babysitter qualifies and it doesn't matter is you used your FSA or paid out of pocket.
However, the FSA is pre-tax and if you deducted the maximum $5,000, you won't get an additional Child and Dependent Care credit on your tax return, even if you spent more than $5,000 for babysitting costs. That would be double dipping.
For a further explanation, click here to see the answer to a previously posted question.
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