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You can't exclude more than $5000 between the 2 of you in a given tax year. If you pay for more than $5000 of care in 2016, then the amount over $5000 will be considered non-qualified, and will be added back to your taxable income. (Fortunately there is no additional penalty, just the income tax on the wages.)
If his plan was for 2017, or was for a different fiscal year (like October 2016-September 2017) then just don't withdraw and money from that account for care in 2016, save it for care provided in 2017.
You can't exclude more than $5000 between the 2 of you in a given tax year. If you pay for more than $5000 of care in 2016, then the amount over $5000 will be considered non-qualified, and will be added back to your taxable income. (Fortunately there is no additional penalty, just the income tax on the wages.)
If his plan was for 2017, or was for a different fiscal year (like October 2016-September 2017) then just don't withdraw and money from that account for care in 2016, save it for care provided in 2017.
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