Frank DiPaola, EA

Frank DiPaola, EA

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Frequently Asked Tax Questions
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Child and Dependent Care

If you paid someone to care for a qualifying person so you (and your spouse if you are filing jointly) could work or look for work, you may be able to claim a nonrefundable "Credit for Child and Dependent Care" expenses. If you are married, both you and your spouse MUST have earned income, unless one spouse was either a full-time student or was physically or mentally incapable of self-care.

You may deduct up to $3,000 of the qualified child and dependent care expenses paid in a year for one qualifying individual, or $6,000 for two or more qualifying individuals. These dollar limits must be reduced by the amount of any dependent care benefits provided by your employer that you exclude from your income.

The expenses you paid MUST have been for the care of one or more of the following qualifying person(s):

  • A "qualifying child" under age 13 when care was provided and for whom you can claim as a dependent (There is an exception to this rule for children of divorced or separated parents); or

  • Your disabled spouse who is mentally or physically unable to care for himself or herself; or

  • Your "qualifying relative" of any age who was physically or mentally unable to care for himself or herself, AND whom you can claim as a dependent (There is an exception to this rule for children of divorced or separated parents).

In addition to the conditions above, you MUST meet ALL the following conditions:

  • The care MUST have been provided so you (and your spouse if married) could work or look for work. However, there is an exception for a spouse who is a student or disabled,

  • The qualifying person MUST have lived with you for more than have the tax year (AT LEAST 183 days or AT LEAST 184 days if a leap year),

  • You must provide the taxpayer identification number (usually the Social Security number of the qualifying person),

  • Generally, your filing status CANNOT be "married filing separately". However, there is an exception for married persons who may be treated as unmarried if they did not live with their spouse at anytime during the LAST 6 months of the tax year (calendar year from July 1 to December 31) AND paid more than 50% of the cost of keeping up their home,

  • The payments for care CANNOT be paid to someone you can claim as your dependent, or to your child who is under age 19 at the end of the tax year (calendar year December 31), AND

  • You MUST report the name, address, and taxpayer identification number (either the Social Security number or Employer Identification number) of the care provider on your tax return. Failure to provide this information may disqualify you for the credit.

The credit is a percentage of eligible child and dependent care expenses, which ranges from 20% to 35% (see table below), and is based on your adjusted gross income. An example is also provided below.

Child & Dependent Care Credit Percentage

If the adjusted gross income is .... Multiply the eligible expenses by ....
 $0 - $15,000 .35
$15,001 - $17,000 .34
$17,001 - $19,000 .33
$19,001 - $21,000 .32
$21,001 - $23,000 .31
$23,001 - $25,000 .30
$25,001 - $27,000 .29
$27,001 - $29,000 .28
$29,001 - $31,000 .27
$31,001 - $33,000 .26
$33,001 - $35,000 .25
$35,001 - $37,000 .24
$37,001 - $39,000 .23
$39,001 - $41,000 .22
$41,001 - $43,000 .21
$43,001 & UP .20

Example: Assume you have one child and paid $2,900 to a child care provider. Your adjusted gross income is $33,550. Your child care credit will be $725 ($2,900 X .25).

 

CAUTION

If you pay someone to look after your dependent or spouse in YOUR home, you may be a "Household Employer," and may have to withhold and pay Social Security and Medicare tax. You may also be liable for unemployment tax.


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Last Revised September 11, 2007