Hi All, I have a question around my wife's DCFSA. My wife's parent's (so children's grandparents) watched our children over the summer for about a month, for which we paid them around $1,000. They were doing us a favor as we both work. We did not think about getting reimbursed at the time through her DCFSA because we thought for sure daycare facilities would be back open for the fall and we would just reimburse then. Well, surprise surprise, that did not occur and we now have close to $1,500 in our DCFSA. Are we able to reimburse ourselves for paying them to watch our children? They are not normally caregivers so they don't have a business set-up.
If we are able to, what do we need? An invoice from them? I know they would need to add it to their tax return, but what if they make so little that they don't even need to file a return?
At the end of the day, I want to be able to access that money, as we had legitimate expenses, but I want to make sure we are doing everything legally and to the tax code. Any advice would be greatly appreciated.
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Yes, you can reimburse yourself. If they don’t have a filing requirement they don’t have to report that income unless they are eligible for earned income credit or if the income qualifies them for an IRA contribution.
Firstly, the IRS issued a ruling that would have allowed you to reduce your DCFSA contributions mid-year (this is normally not allowed) so that you would not have excess funds.
https://www.irs.gov/pub/irs-drop/n-20-29.pdf
Your employer should have notified you. If you are having the full $5000 amount withheld, that's about $416 per month, so if you stop your FSA immediately, you should end up with a $700 excess instead of a $1500 excess (unless you already stopped your contributions under this provision and you still have $1500 unspent.)
You are allowed to pay a grandparent using FSA funds, provided the care was provided so that you and your spouse could both work or look for work. If care occurred in your home, the caregiver is your household employee. You are not required to withhold and pay social security and medicare tax (because they fall into two exceptions explained here https://www.irs.gov/taxtopics/tc756) but you are required to give them a W-2 at the end of the year. A copy of the W-2 goes to the IRS and your parents will have to include the income on their tax return. How it affects them will depend on their other tax situations. (As well, you could W-2 grandma and grandpa for $500 each, or W-2 one of them for $1000, I don't think it matters.)
If care occurred outside of your home, you do not provide any tax paperwork to the caregiver; they are considered self-employed and are responsible for their own income tax issues.
The FSA administrator is required to verify your expense before reimbursing you, that will typically mean they need a receipt from the caregiver, or canceled checks proving you paid them as employees, and you may be required to provide the benefits administrator with a W-10 form that reports the social security number of the caregiver. You will have to check with the FSA administrator to see what they require.
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