Unmarried couple, DCFSA without claiming the child?

[MonkeyBonkey]

Can I use a DCFSA without claiming my qualifying child on my taxes?

It would be better for the other parent to claim the child since I make too much money to benefit from the child credit and she would get the child credit.  However, I've already signed up and used the DCFSA throughout the year.

I see documents that state that a custodial parent may still use a Dependent Care FSA without claiming the child on their taxes if they are divorced and living separately and the other parent claims the child on their taxes.

However, does this apply for unmarried parents living together?  

[DMarkM1]

No.  The rule for children of divorced or separated parents is for parents living apart.  If you are living together and the child is with you both, then if you allow the other parent to claim the child as a qualifying child they can file as head of household and claim the child tax credit, earned income credit (if otherwise eligible), and dependent care credit (if otherwise eligible) and you would not be able to put the child on your tax return at all.  

The opposite is also true.  If you claim the child, you get the opportunity to claim all the potential credits.  Typically you should enter data both ways to see which nets the most for the family.   

Here is a link to IRS Publication 501.  See example 8 in the section "Qualifying child of more than one person." 

[MonkeyBonkey]

The question was about the DCFSA which was already provided through my employer.

I wouldn't want to put the child on my tax return at all if possible so I am not asking to put them on my tax return.

Rather the question is is my DCFSA still ok even if I don't have them on my tax return as a dependent - but they still qualify as a dependent?

I see in the link that you provided that one of the benefits is #4 The exclusion from income for dependent care benefits - is that the same as the DCFSA?  If so you are right - I cannot do the DCFSA and would have to unwind/undo that somehow?

[DMarkM1]

No, you do not need to undo anything.  The amount in Box 10 for "Dependent Care Benefits" has been excluded from your Box 1 taxable wages on your W2. However, when you enter that W2 with the Box 10 amount, that Box 10 amount is automatically added back to your taxable income.  If you have a dependent on your tax return you will be able to complete the Dependent Care Credit interview to determine how much if any can be used for that Dependent Care Credit.  

If there is no dependent on your return then you will not be able to complete the Dependent Care Credit interview as you cannot claim the credit.  The amount remains taxable on your return.  

You can see the box 10 amount on line 1e of your form 1040.  In online versions use these steps.

1. Select "Tax Tools" in the left hand menu
2. Select "Tools"
3. Select "View Tax Summary"
4. Select "Preview My 1040" in the left hand menu