My wife and I live together and are not separated. We are filing MFS because it works better for her student loans. We have 1 child dependent, whom I am claiming. I did have a childcare/dependent care FSA last year because we didn't know if we would be MFJ or MFS this year, so that amount is on my W-2 (box 10).
My taxes have been rejected several times because I don't meet the eligibility requirements to have form 2441. Error message says:
F2441-022 - If filing status of the return is Married Filing Separately and Form 2441 'CreditForChildAndDepdCareAmt' has a non-zero value, then 'EligibilityRequirementMetInd' must be checked.
We are not separated, etc, so the eligibility check-box should NOT be checked (it is not). I did add the amount on form 2441 line 12 to form 2441 line 14, since it was explained to me that I was not eligible for that amount. But my taxes are still getting rejected.
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Delete the 2441 since you are not eligible for the Child and Dependent Care Credit.
You do not use 2441 to legitimatize the FSA.
If you live together and file MFS you cannot claim child care credit.
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