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Can Mom be both a dependent and baby sitter?

Dear Tax Talk,
I used to claim my mother as my dependent on my tax return. She didn't work. Now, I have a baby. I was wondering whether or not I can hire my mother as my babysitter and how to claim her on my tax return.

Your answer will be appreciated. Thank you.
--Tracy

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Dear Tracy,
Baby-sitting expenses are only beneficial taxwise as child care expenses that allow you to work. In other words, unless you're eligible to claim a credit for child care expenses, you wouldn't benefit taxwise from payments to a baby sitter.

The child care credit (Form 2441) is a tax credit for payments made, by you, to a care provider for your dependent which allows you to work, look for work, or study, in the case of a married couple. In order to claim the credit, either you or your spouse has to have earned income (i.e., wages or self-employment income). Also, payments for child care services have to be made to someone whom you do not claim as a dependent on your tax return. In addition, if the services are rendered in your home, the payments would be subject to household employment taxes (Schedule H).

Since you're eligible to claim an exemption for your mother, you would not be allowed a credit for payments made to her for child care. Even if you were not eligible to claim an exemption for your mother, it might not make economic sense to put her on the payroll as you would incur household employment taxes, which could exceed the amount of the child care credit.

For example if your adjusted gross income exceeds $43,000, the maximum credit is $600, which is 20 percent of up to $3,000 in eligible expenses. The household employment taxes on $3,000 would be at least $483. In addition, the loss of the exemption could cost you another $300 to $500 or more in tax benefits, depending on your income and deductions. As you can see, it's better for Mom to earn her keep for free.

Bankrate.com's corrections policy -- Posted: Jan. 12, 2006
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