Dependent care FSA and self-employed earned income

[Wannabe]

Hello,

My spouse is on W2 and has a dependent care FSA plan from work. I had a bad self-employment year and loss in 2019. But we paid providers to care for our children during the day (from dependent care FSA and other money). Pub 503 and Turbotax seem to say that we cannot enter information in form 2441 and claim deduction for the FSA. Is that right? Is there a way to get the deduction since we were both working and had to pay child care providers?

[SusanY1 · Accepted solution]

Unfortunately, the rules do not allow for the child and dependent care expenses when one spouse is self-employed and has a net loss (or no net income.)  There are exceptions only if the other spouse is unemployed and looking for work (with some limitations), a full-time student, or disabled. 

I wish I had better news.