In Elder Law News, Estate Law News

Paying for day care is one of the biggest expenses faced by working adults with young children, a dependent parent, or a child with a disability, but there is a tax credit available to help working caregivers afford day care (called “adult day care” in the case of the elderly).

In order to qualify for the tax credit, you must have a dependent who cannot be left alone and who has lived with you for more than half the year. Qualifying dependents may be the following:

  • A child who is under age 13 when the care is provided
  • A spouse who is physically or mentally incapable of self-care 
  • An individual who is physically or mentally incapable of self-care and either is your dependent or could have been your dependent except that his or her income is too high ($4,150 or more) or he or she files a joint return.

Even though you can no longer receive a deduction for claiming a parent (or child) as a dependent, you can still receive this tax credit if your parent (or other relative) qualifies as a dependent. This means you must provide more than half their support for the year. Support includes amounts spent to provide food, lodging, clothing, education, medical and dental care, recreation, transportation, and similar necessities. Even if you do not pay more than half your parent's total support for the year, you may still be able to claim your parent as a dependent if you pay more than 10 percent of your parent's support for the year, and, with others, collectively contribute to more than half of your parent's support. 

The total expenses you can use to calculate the credit is $3,000 for one child or dependent or up to $6,000 for two or more children or dependents. So if you spent $10,000 on care, you can only use $3,000 of it toward the credit. Once you know your work work-related expenses, to calculate the credit, you need to multiply the expenses by a percentage of between 20 to 35, depending on your income. For example, if you earn $15,000 or less and have $3,000 of work-related day care expenses, to figure out your credit you multiply $3,000 by 35 percent. If you earn 43,000 or more, you multiply $3,000 by 20 percent. 

The care can be provided in or out of the home, by an individual or by a licensed care center, but the care provider cannot be a spouse, dependent, or the child's parent. The main purpose of the care must be the dependent's well-being and protection, and expenses for care should not include amounts you pay for food, lodging, clothing, education, and entertainment. 

To get the credit, you must report the name, address, and either the care provider's Social Security number or employer identification number on the tax return. To find out if you are eligible to claim the credit, click here.

For more information about the credit, click here
 

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