Can my unmarried partner who I live with but I am not claiming be the payee of my childcare costs?

[teamwork911]

In other words, can I get a deduction for childcare costs by claiming that I paid her for childcare?

[MinhT1]

Yes, if your "partner" is not your dependent.

Please read this IRS FAQ, question 19.

[teamwork911]

I forgot to clarify, my partner is also the mother of the child. Does this change anything? And will she then have to claim that income on her taxes as from self-employment?

[xmasbaby0]

@teamwork911 The fact that your partner is also the child's mother changes everything.   You cannot pay the child's own mother as a paid childcare provider to get the childcare credit.  The IRS does not allow it.

What is the Child and Dependent Care Credit?

SOLVED•by TurboTax•3833•Updated 1 month ago

The Child and Dependent Care Credit (not to be confused with the similar-sounding Child Tax Credit) can reduce your tax bill if you paid for a dependent's care so that you could work or look for work.

To qualify for this credit, you must meet all of these criteria:

• You (and your spouse, if filing jointly) must have earned income
  • The earned income requirement for one spouse is waived if they were a full-time student or disabled (if they lived with your spouse for more than 6 months in 2021)
• You paid caregiving expenses so that you (and your spouse, if filing jointly) could work or look for work
  • The work/look for work requirement for one spouse is waived if they were a full-time student or disabled (if they lived with the other spouse for more than 6 months in 2021)
• You paid a caregiver to care for a Qualifying Person. The caregiver can't be:
  • Your spouse
  • Your dependent
  • Your child if they were under 19 on the last day of 2021, even if not your dependent
  • The parent of the Qualifying Person, if the Qualifying Person is your child under the age of 13 during 2021
• You can't file with the Married Filing Separately filing status (except under certain circumstances)
• You must furnish the care provider's name, address, and (unless it's a tax-exempt organization) their SSN, ITIN, or EIN on your return

The credit is worth as much as 50% of your qualified expenses, up to $8,000, (for one qualifying person), and $16,000 (for two or more qualifying persons). Your percentage depends on your AGI, with the higher percentages applying to lower incomes and vice-versa.

As an example, a married couple supporting two qualifying persons who paid $16,000 in qualified expenses may qualify for up to $8,000 in credits, depending on their AGI. 

TurboTax will determine your eligibility and calculate the maximum credit allowed.

Related Information:

• Who is a Qualifying Person for the Child and Dependent Care Credit?
• What is the Child Tax Credit?

[VolvoGirl]

Sorry then you can't use her as the caregiver.  

The caregiver can't be:

• Your spouse
• Your dependent
• Your child if they were under 19 on the last day of 2021, even if not your dependent
• The parent of the Qualifying Person, if the Qualifying Person is your child under the age of 13 during 2021

See https://ttlc.intuit.com/community/credits-and-deductions/help/what-is-the-child-and-dependent-care-c... 

[VolvoGirl]

Does she have any other income?   If she lived with you the whole year you may be able to claim her as a dependent if she had less than 4,300 income.

And you probably can file as Head of Household claiming your child.

[teamwork911]

I am filling head of household and claiming our child, she is going to file separately and use her 2019 income which will qualify her for a larger return. This will give us larger overall combined return.