By Cora Parks
By
now, everyone with a child under age 13 is familiar with Child and
Dependent Expenses, a credit that will allow you to deduct up to 35% of
the expenses that you pay on behalf of a qualifying person to allow you
to work. But I bet that you didn’t know that children are not the only
ones that qualify. Here are other lesser known qualifying individuals
that will also qualify you for this credit:
Your
spouse who is unable is unable to care for himself or herself mentally
or physically (cannot dress, feed, or clean themselves or who may
otherwise injure themselves or others) that has resided with you for
more than half the year.
An individual of any age:
o That
is unable to care for himself or herself mentally or physically (cannot
dress, feed, or clean themselves or who may otherwise injure themselves
or others)
o Lived with you for more than 6 months.
o That qualifies as your dependent
o That could have qualified as your dependent except for the following:
Their income exceeded $3,700
They filed a joint return
o The qualifying individuals can be the following:
Your older child
Qualifying relative (niece, nephew, sister, brother, uncle, aunt, mother, father, grandmother, grandfather)
Now to address the qualifications to claim the credit:
1. You must either have income from work or are a full time student for at least five months out of the calendar year.
2. The expenses must be incurred to allow you to work.
3. Other
than for nursery, daycare, after school care, or babysitters, you may
deduct payments made to the following that provided qualifying care:
a. Your older child over age 18 that you cannot claim as a dependent.
b. Other individuals that are related to you that you cannot claim as a dependent.
c. A dependent care center that is compliant with all state and local regulations.
d. A
household employee, such as a housekeeper, maid, or cook, whose
services are in part related to the well being and protection of the
qualifying person. The expenses for these services must be separated
from the expenses incurred for the upkeep of your home.
4. Your filing status must be one of the following:
a. Single
b. Head of Household
c. Married Filing Jointly
d. Married Filing Separately under the following stipulations:
i. Legally separated from your spouse under a divorce decree or separate maintenance decree.
ii. Living apart from your spouse and all the following are true:
1. The qualifying person lived with you for more than half the year.
2. You paid more than half the cost of keeping up your home for the year.
3. Your spouse did not live in your home for the last 6 months of the year.
Every
care provider, whether an individual or organization, must provide the
social security number or employer identification number, name, and
address on the Form 2441. If the organization qualifies as a not for
profit organization, you may enter “tax exempt” in the space provided
for the employer identification number.
Even
if the care provider refuses to give you their social security number
or employer identification number or are given an incorrect number, you
will still be able to take the credit under the following conditions:
1. File a paper return. Without a number, you will not be able to file electronically.
2. Show
due diligence. In other words, although you came up empty with the
number, you tried to the best of your ability to obtain the
information. When you file your return, you will need to provide the
information that you were able to secure, such as name and address on
the Child and Dependent
Care Expense Form 2441. On the line for “Employer Identification
Number/Employer Identification Number” write “see attached statement”.
The statement should include the following information:
a. Your name
b. Your social security number
c. You
requested the information from the care provider but the provider
refused to give the information. You may also provide dates, times,
who you talk to, and what happened on each occasion that you requested
the number to show that you were persistent in trying to obtain the
information. If you attempted to perform research on the information,
for example, you attempted to Google the information and was
unsuccessful in finding it, you may also include these efforts as well.
In
short, not only your kids but others in your family that require
outside care that would allow you to continue your education or being
their provider benefit from the Child and Dependent Care Expense. In
shedding new light on this old credit, it becomes more than a tax
credit; it becomes peace of mind and may be an additional way to reduce
your tax time burden.
For more information on the full scope of this credit, you may consult the following IRS resources, available at www.irs.gov or by calling 1-800-829-3676 to order by telephone.
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