Dependent Care FSA / Married Filing Separately

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Dependent Care FSA / Married Filing Separately

Post by MJR84 » Sun Jul 01, 2018 10:18 pm

I realize this topic has been covered before, but I am quite confused and would appreciate any guidance you all could share on my situation.

My wife and I file our taxes separately. This year, we had a baby, and we expect to spend well over $5,000 on childcare expenses. I had assumed we’d both just open dependent care FSAs, fund them to $2,500 apiece, and use them to pay for part of our childcare expenses with pretax dollars. However, I have seen some posts online that suggest only one parent (if MFS) can use the money on a pretax basis. Although it’s unclear to me why that would be, it seems it may have something to do with an issue arising from both parents listing the same child on Part II of Form 2441.

Does anyone know: can my wife and I, in fact, fully fund our own dependent care FSAs up to $2,500 each and fully use their contents to pay for dependent care on a pretax basis? Or is there some reason why our MFS status prevents this?

Thanks in advance for any thoughts!

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