We file MFS. I put $2500 in my dependent FSA. Can my wife put $2500 in her FSA too? Will I/we be able to claim the money as childcare credit on our taxes?

[JustHERE1]

@williasp I was reading that situation and it seemed to be my circumstance as well. Almost identical, it sucks because we already did FSA’s for next year and will be in the same circumstance as well.

I wonder if in 2024, we can each claim a kid and avoid having to pay taxes on the other 2500. 

[Opus 17]

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@JustHERE1 wrote:

@williasp I was reading that situation and it seemed to be my circumstance as well. Almost identical, it sucks because we already did FSA’s for next year and will be in the same circumstance as well.

I wonder if in 2024, we can each claim a kid and avoid having to pay taxes on the other 2500. 

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You are adding on to a very long and old discussion and there is not enough information about your situation to answer. 

If you live together with your spouse and file separately for other financial reasons, and you have two or more children who receive qualifying care, then you can each claim one child and use an FSA up to $2500.  However, if you are separated and sharing custody, only the parent who has custody more than half the nights of the year can use the FSA for care, even if the non-custodial parent claims a child because of a custody agreement or court order.  The ability to claim the child care credit always stays with the parent who had custody more than half the year and can't be transferred or shared. 

[JustHERE1]

@Opus 17 
What you described is correct 

“If you live together with your spouse and file separately for other financial reasons, and you have two or more children who receive qualifying care, then you can each claim one child and use an FSA up to $2500.”

Just to clarify, we each can use our own FSA of 2500 for our independent. I can use 2500 and she can use her 2500.

[Opus 17]

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@JustHERE1 wrote:

@Opus 17 
What you described is correct 

“If you live together with your spouse and file separately for other financial reasons, and you have two or more children who receive qualifying care, then you can each claim one child and use an FSA up to $2500.”

Just to clarify, we each can use our own FSA of 2500 for our independent. I can use 2500 and she can use her 2500.

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If you only have one child, only one parent can claim the child as a dependent and only that parent can use an FSA.  If you have two or more children, you can each claim one.  

[JustHERE1]

Perfect. We each will claim one and use our own FSA dependent.

Do you happen to know if I have to list my other dependent I am not claiming on any of my forms? 

[Opus 17]

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@JustHERE1 wrote:

Perfect. We each will claim one and use our own FSA dependent.

Do you happen to know if I have to list my other dependent I am not claiming on any of my forms? 

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If you are married and living together but filing separately for financial reasons, it is best to leave off any child you don't plan to claim as a dependent.  Sometimes, you can get sidetracked into answering dependent questions about custody, that are only appropriate for separated or divorced parents and can lead to wrong answers.  List the child you want to claim, say no to any questions about shared custody, and don't list the child you won't claim.

[JustHERE1]

I truly appreciate this!