Can I withhold $5,000 of pre-tax dependent daycare and have my wife do the same to withold a total of $10,000?

[Critter]

You can but there is no benefit for doing so ... the excess will simply be added back into your income  on the tax return so you will gain nothing.  

[ericalancorbin]

What if I spend over $10,000 a year in childcare? I don't plan to have any excess. 

[TomD8 · Accepted solution]

If you are referring to a Dependent Care FSA, the contribution limit is $5,000 for a married couple fling jointly, or $2,500 per parent if filing separately.

[Critter]

You can spend a million dollars on child care ... but the limit on the day care credit  form 2441 is $5K per the IRS regs ... so although the employers may allow you both to put $5K in the FSA it will do you no good.  

[ericalancorbin]

Thank you, I think this is the answer I needed. But now I have another. If we file jointly does it matter which withholds the money since we don't make the same amount?

[ericalancorbin]

Thank you, I think this is the answer I needed. But now I have another. If we file jointly does it matter which withholds the money since we don't make the same amount?

[TomD8]

<<If we file jointly does it matter which withholds the money since we don't make the same amount?>>

No, not as long as you file jointly and the total combined contribution does not exceed $5,000.

[ericalancorbin]

Thank you so much I appreciate your help so we can make educated decisions.