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Returning Member

FSA Dependent care-Child Care tax year 2019

Hello Everyone,


Can you please guide me with Highly compensated employee IRS rule for FSA Dependent care. Last year while choosing his benefits for tax year 2019 , my husband company reduce his contribution to $2750  saying he comes in highly compensated employee criteria. Can I enroll for the remaining portion $2,250 for tax year 2019.

 Or We are not allowed to get benefit of $5,000? Is there any threshold for Gross Total Income if we file tax return Jointly.


Please explain me the rule as I am having hard time to search online especially on IRS Website.

1 Reply
Level 15

FSA Dependent care-Child Care tax year 2019

Yes ... as long as you are not highly compensated then you could make up the difference OR  do the entire amount yourself.