Can I still claim the dependent care if independent sitter doesn’t file due to them not making much? What if I’m unable to get their SSN?
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If you paid a babysitter or daycare provider to take care of your child so you could work, you need their SSN or Tax ID in order to use the childcare credit on your tax return. It is the babysitter's responsibility to report that income on their own tax return and it needs to match the amount that is reported on your tax return. You say the sitter does not file tax returns----so they are going to resist providing that information. Before you entered into the agreement to use this sitter, you should have had a clear understanding that you would be putting this on your tax return, so be prepared for the possibility of needing a new babysitter.
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.
https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin
If you paid a babysitter or daycare provider to take care of your child so you could work, you need their SSN or Tax ID in order to use the childcare credit on your tax return. It is the babysitter's responsibility to report that income on their own tax return and it needs to match the amount that is reported on your tax return. You say the sitter does not file tax returns----so they are going to resist providing that information. Before you entered into the agreement to use this sitter, you should have had a clear understanding that you would be putting this on your tax return, so be prepared for the possibility of needing a new babysitter.
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.
https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin
So as long as they provide SSN or Tax ID, I’m good to e-file, correct?
Yes---it is easy for them to use that link provided to you to get a Tax ID ---that is better for the sitter so the sitter does not have to give out their SSN.
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