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Where do you file Form 2441 for dependent care expenses (for a DC FSA) when the care provider refuses to give me their SSN?

 
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Level 15

Where do you file Form 2441 for dependent care expenses (for a DC FSA) when the care provider refuses to give me their SSN?

The childcare provider can easily get a TaxID number from the IRS if they do not want to give you their Social Security number.

 

 

When a childcare provider will not give you a SSN or Tax ID

 

If they still refuse to provide an EIN or SSN, send your provider a W-10 (Request for Taxpayer Information and Identification Number).  You can get a copy of the W-10 by clicking here: W-10 Form & Instructions  Complete as much of the form as you can and send it via certified mail (after making copies for yourself).

 

If the provider does not respond within 10 business days, you can still file your return.  However, you won't be able to e-file.  Print and mail in your return, along with an explanation and a copy of the W-10 you sent your provider.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

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Level 15

Where do you file Form 2441 for dependent care expenses (for a DC FSA) when the care provider refuses to give me their SSN?

Generally speaking, when working with a private daycare provider, you need to discuss ahead of time whether they will be reporting their income “above the table“, or whether they are working “under the table“. They may not want to report their income so they don’t have to pay taxes on it. This is not legal, but many people will get away with it. If you claim the dependent care credit, this will trigger an investigation and possibly an audit of your provider if they do not report corresponding income. This could cause them to drop you as a customer.

 

Generally speaking, you need to work out your expectations in advance, and if you plan to claim the credit or use an FSA, you should give the provider the W 10 form and collect their tax ID number or Social Security number before you start paying them for services.

 

to claim the credit without a Social Security number, you must attach a written statement to your tax return that gives as much contact information about the provider as you can, such as their name, address, and phone number. You must also explain your diligent efforts to collect their Social Security number. It will help you prove your case if you show that they refused to return a W-10, but that may not be enough by itself.

*Answers are correct to the best of my ability but do not constitute legal or tax advice.*
**If a post answers your question, choose it by clicking on "Mark as Best Answer".**

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Highlighted
Level 15

Where do you file Form 2441 for dependent care expenses (for a DC FSA) when the care provider refuses to give me their SSN?

The childcare provider can easily get a TaxID number from the IRS if they do not want to give you their Social Security number.

 

 

When a childcare provider will not give you a SSN or Tax ID

 

If they still refuse to provide an EIN or SSN, send your provider a W-10 (Request for Taxpayer Information and Identification Number).  You can get a copy of the W-10 by clicking here: W-10 Form & Instructions  Complete as much of the form as you can and send it via certified mail (after making copies for yourself).

 

If the provider does not respond within 10 business days, you can still file your return.  However, you won't be able to e-file.  Print and mail in your return, along with an explanation and a copy of the W-10 you sent your provider.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

View solution in original post

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Level 15

Where do you file Form 2441 for dependent care expenses (for a DC FSA) when the care provider refuses to give me their SSN?

https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
Highlighted
Level 15

Where do you file Form 2441 for dependent care expenses (for a DC FSA) when the care provider refuses to give me their SSN?

Generally speaking, when working with a private daycare provider, you need to discuss ahead of time whether they will be reporting their income “above the table“, or whether they are working “under the table“. They may not want to report their income so they don’t have to pay taxes on it. This is not legal, but many people will get away with it. If you claim the dependent care credit, this will trigger an investigation and possibly an audit of your provider if they do not report corresponding income. This could cause them to drop you as a customer.

 

Generally speaking, you need to work out your expectations in advance, and if you plan to claim the credit or use an FSA, you should give the provider the W 10 form and collect their tax ID number or Social Security number before you start paying them for services.

 

to claim the credit without a Social Security number, you must attach a written statement to your tax return that gives as much contact information about the provider as you can, such as their name, address, and phone number. You must also explain your diligent efforts to collect their Social Security number. It will help you prove your case if you show that they refused to return a W-10, but that may not be enough by itself.

*Answers are correct to the best of my ability but do not constitute legal or tax advice.*
**If a post answers your question, choose it by clicking on "Mark as Best Answer".**

View solution in original post

Highlighted
Level 15

Where do you file Form 2441 for dependent care expenses (for a DC FSA) when the care provider refuses to give me their SSN?

There is a specific procedure you must follow before you will be able to claim the child care credit without the provider's tax ID number. If you do not follow this procedure then your claim could be denied or any refund you are due will be significantly delayed.

Caregiver refuses to supply SSN or EIN

I can understand why someone would not want to give you their SSN. You understand too. But maybe the caregiver isn’t aware of just how fast and easy it is for them to get an EIN (Employer Identification Number)?  Make them aware that they can go online to http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Apply-for-an-Employer-Identification-... and it will only take them about 10 minutes to get an EIN – which they can then provide to you as required by federal law.

Assuming you have already requested this information from your dependent care provider, and they still refuse to provide it. here is the procedure that you must follow, in order to claim the dependent care credit without the provider’s SSN or EIN.

First, understand that you can not e-file your return without the caregiver’s SSN or EIN. You will have to print, sign and mail it to the IRS. There is no alternative or workaround for this.

Next, print out a form W-10 (Dependent Care Provider’s Identification and Certification) from the IRS website at http://www.irs.gov/pub/irs-pdf/fw10.pdf.

Fill out the W-10 form with all the information that you know.

Make 2 additional copies of the filled out W-10 for your own records.

Mail the form to the caregiver via certified mail. Don’t lose your post office receipt.

The caregiver has 10 calendar days to respond. If they respond with the information you need, then you’re good to go. If they have not responded, then on the 11th day after you mailed it certified mail:

Select the “print and file” option for your tax return. This will print only the documents required for filing, along with an instruction sheet that contains the address of the specific IRS processing center you will mail it to.

Include in your mailing a copy (not an original) of your proof of notification (the certified mail receipt you got at the post office), and a copy of the W-10 that you sent to the caregiver.

That’s it. While this will delay your refund (it’ll be 6-8 weeks before you get it), you’ll still get the credit. At this point, it’s no longer your problem – it’s the caregiver’s.

 

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