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No childcare credit because I can be claimed? Help.

I am 42, with one child.  I am married and filing separately.  My only dependent is my daughter.  I cannot be claimed by my spouse.  I am the higher income earner.  

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1 Best answer

Accepted Solutions
DanaB
Expert Alumni

No childcare credit because I can be claimed? Help.

When you are filing married filing separately you cannot take the credit for child and dependent care. Unfortunately, when you use the married filing separately status you cannot qualify for certain credits. 

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5 Replies

No childcare credit because I can be claimed? Help.

Have you been separated from your spouse at all times during the last 6 months of 2018?
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

No childcare credit because I can be claimed? Help.

No.

No childcare credit because I can be claimed? Help.

Then the spacial rules for separated parent does not apply and you cannot claim the credit.
Unless there is a VERY good reason to file seperartely, a joint return would probably result in less tax and more refund.
You loose many credits when filing separately.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
DanaB
Expert Alumni

No childcare credit because I can be claimed? Help.

When you are filing married filing separately you cannot take the credit for child and dependent care. Unfortunately, when you use the married filing separately status you cannot qualify for certain credits. 

Hal_Al
Level 15

No childcare credit because I can be claimed? Help.

Generally, married persons must file a joint return to claim the credit. You cannot use MFS. If your filing status is married filing separately(MFS) and all of the following apply, you are considered unmarried for purposes of claiming the credit on Form 2441.

 

  • You lived apart from your spouse during the last 6 months of 2018.
  • Your home was the qualifying person's main home for more than half of 2018.
  • You paid more than half of the cost of keeping up that home for 2018.

 

 

If you meet all the requirements to be treated as unmarried and meet items 2 through 5 listed below, you can take the credit or the exclusion. If you don't meet all the requirements to be treated as unmarried, you can't take the credit. However, you can take the exclusion if you meet items 2 through 5.

 

Who Can Take the Credit or Exclude Dependent Care Benefits? You can take the credit or the exclusion if all five of the following apply.

  1. Your filing status may be single, head of household, qualifying widow(er) with dependent child, or married filing jointly. If your filing status is married filing separately, see Married Persons Filing Separately, later.
  2. The care was provided so you (and your spouse if filing jointly) could work or look for work. However, if you didn't find a job and have no earned income for the year, you can't take the credit or the exclusion. But if you or your spouse was a full-time student or disabled, see the instructions for lines 4 and 5, later.
  3. The care must be for one or more qualifying persons.
  4. The person who provided the care wasn't your spouse, the parent of your qualifying child, or a person whom you can claim as a dependent. If your child provided the care, he or she must have been age 19 or older by the end of 2018, and he or she can't be your dependent.
  5. You report the required information about the care provider on line 1 and, if taking the credit, the information about the qualifying person on line 2.

Generally, married persons must file a joint return to claim the credit. If you claim the credit and your filing status is married filing separately, you are now required to show you meet the special requirements listed in sections, Married Persons Filing Separately and Who Can Take the Credit or Exclude Dependent Care Benefits, by checking the checkbox located above Part I, on Form 2441. 

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