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Tax Talk with George Saenz

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Child-care tax breaks

Dear Tax Talk:
If I participate in a flexible spending account at work and have pretax deductions taken out for child-care expenses, can I still write off child-care expenses on my tax return?
Daphne

Dear Daphne:
The short answer is, "It depends."

Basically, you cannot claim on your tax return any child care expenses you pay for with money from your company spending account. Since that money is not taxed, it cannot be used to claim a tax break. The Internal Revenue Service considers this double dipping.

But if you spend more than your spending account amount to pay for your child's care, that overage can be claimed as a dependent care credit, since it is paid by you from your regular taxable income. You would claim this "excess" amount on IRS Form 2441.

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A flexible spending account is an arrangement with your employer to reduce your salary by a set amount to be used to pay for tax-preferred expenditures such as medical and child-care expenses. No taxes are paid on the set-aside amount. If you participated in a flexible spending account with your employer, the amounts that you received should be reported in box 10 of your Form W-2.

Since you did not pay taxes on these amounts, you must reduce the amount of child-care expenses paid by the tax-free allowance. For example if you paid $4,000 in child-care expenses for your two children and received $2,000 reimbursed from your flexible spending account you can claim a credit on the remaining $2,000 spent for child care.

If you received flexible spending account amounts, you'll need to complete part 3 of Form 2441 to determine if you have any remaining amounts to claim on page 1 of the credit claim form.

-- Posted: May 8, 2003

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See Also
Flexible spending accounts can help cut tax bills
Maximizing medical deductions

Writing off your child-care costs

Tax glossary
More tax adviser stories
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