I am married filing separately but can't add dependent care expense in order to deduct from my dependent care FSA.

[Opus 17]

Is your FSA listed in box 10 of your W-2?  How much?  Have you listed a dependent child with a valid SSN?

[rainman4553]

Yes, it is listed in box 10 for $5K.  I am not claiming the child as my dependent.

[LisaBr]

If you are Married Filing Separately, you cannot claim the Child and Dependent Care Credit.

The following link may be helpful:

https://ttlc.intuit.com/questions/1900643-what-is-the-child-and-dependent-care-credit

[rainman4553]

I wasn't looking to claim the credit.  I thought I could deduct the expenses from the amount in box 10 so it doesn't include it in income.

[LisaBr]

I took awhile to answer you in the first place because I was looking for some specific direction.  I've been drilling down in the IRS material and the only answer that was remotely related to your question stated that FSA funds are pre-tax funds on your W-2 and therefore already a tax break.  I'll see what else I can find for you.

[Opus 17]

When married filing separately, you can't clam the credit, but you can use an FSA of $2500 (half the amount for married filing jointly.)  But, the child must be your dependent, or must live with you more than half the year and be listed on your tax return as a qualifying person.  

So if your child is not a dependent, you don't get anything and the entire $5000 is added back to your taxable income,

If you can list your child as a qualifying person, you can use $2500 as a non-taxable benefit and the other $2500 gets added to your taxable income.  But, you may not be able to claim the child as a qualifying person.

What are your living and custody circumstances?