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March 24, 2020
Question

Dependent Care FSA Eligibility if spouse is not eligible to work

  • March 24, 2020
  • 1 reply
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I have a daughter that will start preschool this summer and my employer offers Dependent Care FSA. Can I still be eligible for Dependent Care FSA if my spouse is not eligible to work? She cannot work due to her immigration status. She has ITIN but not Social Security Number and cannot work.

 

Thank you!

1 reply

March 24, 2020

see this article: 

 

https://ttlc.intuit.com/community/credits-and-deductions/help/what-is-the-child-and-dependent-care-credit/00/25907

 

both you and your wife must have earned income......(the idea is that if she is not working, then she would be available to watch the child, without government support via the child care credit).