Can I contribute more than $5,000 in 2017 if married filing jointly to 2 separate dependent care FSAs from 2 different employers?

[bryan-white52]

I recently switched jobs.  I had a dependent care FSA with my previous employer to which I contributed roughly $2,900.  I also have a DCFSA with my current employer to which I'm planning to contribute $5,000 for the year.  I'm married filing jointly.  I know this is OK to do with health FSAs, but can't find an answer in regards to DCFSAs.

Thanks.

[Opus 17 · Accepted solution]

No, the maximum allowable dependent care FSA amount on a married filing jointly return is $5000 over both spouses at all jobs.

[Opus 17]

I'm also pretty sure you can't double up on a medical FSA either, but that would be a subject for another day. It's harder to get caught because it's reported differently but I still don't think it's legal.