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Level 1
October 29, 2019
Question

Dependent Care FSA

  • October 29, 2019
  • 2 replies
  • 24 views

My wife and I file taxes jointly and we have one child. While the maximum allowed for dependent care FSA is $5,000, I qualify as a "highly compensated employee" and therefore my contribution limit is lower at $2,500. If my wife's company offers dependable care FSA and she can contribute $5,000, can we contribute and claim dependent care FSA through her so as to get the benefit of the full $5,000? 

Expenses for day-care are invoiced in my name but paid through her checking account. 

Separately, our day-care expenses are higher than the $5,000 threshold, can we also, therefore, claim childcare credit on the remainder of the expenses after claiming the first $5,000 through dependent care FSA?

    2 replies

    Critter
    Level 15
    October 29, 2019

    If my wife's company offers dependable care FSA and she can contribute $5,000, can we contribute and claim dependent care FSA through her so as to get the benefit of the full $5,000?    Yes you can. 

     

     

    Expenses for day-care are invoiced in my name but paid through her checking account. Doesn't matter since you are a married couple. 

     

     

    Separately, our day-care expenses are higher than the $5,000 threshold, can we also, therefore, claim childcare credit on the remainder of the expenses after claiming the first $5,000 through dependent care FSA?  Since you have only one child the max the credit is on is $3000 so the FSA is used only ... there is nothing more for you to take the credit on. 

    Carl
    Level 11
    Level 11
    October 29, 2019

    The maximum amount an employee can contribute to a dependent care FSA is set by the employer as long as it does not exceed the IRS maximum which is $5,000 a year for individuals or married couples filing jointly, or $2,500 for a married person filing separately. Married couples have a combined $5,000 limit, even if each has access to a separate FSA through his or her employer. The dependent care FSA maximum is set by statute and is not subject to inflation-related adjustments.

     

    our day-care expenses are higher than the $5,000 threshold, can we also, therefore, claim childcare credit on the remainder of the expenses after claiming the first $5,000 through dependent care FSA?

     

    No. That would be double-dipping.