In 2025, I have 25K Childcare expense and contributed max at 5K DC FSA from payroll. Now can I claim Child/Dependent Care Credit?

[xhibtaster]

1. MFJ With 2 years old AGI at 120K

2. In calendar year, I maxed at 5K for DC FSA (Dependent Care Flexible Spending Account)

3. We use HDHP HSA just in case this matters. 

4. Childcare expenses were 25K per its tax statement

So my general understanding is we can't double dip the pre tax dollar if it's already covered by DC FSA or Child/Dependent Care Credit (CDCC), but with my childcare expense at 25K (which is somewhere average of any full time childcare), can we use first 5K out of 25K to be eligible for pre tax dollar, and next 3K expense out of 25K, by which only 8K is going to be covered? 

This curiosity prompted me to check with ChatGPT Pro and Claude Opus, both of which agreed that the expenses should be available for pre tax dollar, because if annual daycare > DC FSA contribution, then you still get the credit upto 3K. 

I mean it doesnt necessarily mean it's double dipping, because 

1) I have spent 25K, 

2) DC FSA covers only 5K in 2025 (it's 7.5K in 2026)

3) the remaining 20K, I am simply applying 3K as pre tax (I am aware in my AGI, it's probably 20%, which is only 600$). 

I can see it could be double dipping, if my childcare expense is equal or less than 5K, and then not allowed to use the deduction

I did some research, but I dont really see much of this kind of discussion anywhere, and I am well aware AI haullucination, so I am checking with the community and see the consensus. 

Thank you

[xmasbaby0 · Accepted solution]

If you have two or more children for whom you paid for childcare, you get a childcare credit of up to $6000.   You already got a pre-tax amount of $5000 by using money from your FSA, leaving you only $1000 of childcare credit.    If you only have one child----you get only $3000 of childcare credit so the $5000 exceeded your limit.