Dependent Care Flexible Spending Accounts

This letter explains the advantages of using a dependent care flexible spending account (FSA), for qualified child care costs.  In general, the FSA is probably more advantageous than the credit, however, it is important to calculate a comparison of the two alternatives to ensure and confirm the best result.  There are also non tax considerations in deciding how best to use your FSA option with your employer.

The requirements for expenses which qualify for a dependent care flexible spending account are the same as for the dependent care credit.  In general, you must maintain a home which you live in with your child or other qualified dependent, the expenses must be incurred to enable you and your spouse to work, must be for the care of a qualified dependent, and you and your spouse must both have earned income during the year.  The payments must be to someone other than someone who could be claimed as a dependent on your tax return, and you must file a joint return for the year.

Typical expenses that qualify for the program include day care, nursery school, in home care by your domestic employees, (including related payroll taxes), and after school care for a child under the age of 13, or unable to care for themselves.  Expenses for "day camps" during the summer and school holidays should qualify, but overnight camps do not.

The advantage of the dependent care credit is that it reduces your income tax dollar for dollar.  However, this benefit can be markedly smaller than that of the flexible spending program.  The maximum benefit under the dependent care credit can be summarized in the following table based on your adjusted gross income (AGI).

AGI Not    Applicable      One        Two or

  Over     Percentage   Individual     More 

$10,000       30%          $720       $1440 

 12,000       29%          696         1392 

 14,000       28%          672         1344 

 16,000       27%          648         1296 

 18,000       26%          624         1248 

 20,000       25%          600         1200 

 22,000        24%          576         1152 

 24,000       23%          552         1104 

 26,000       22%          528         1056 

 28,000       21%          504         1008 

              20%          480         960  

 

The credit cannot be lower than 20% of qualified expenses.  Accordingly, taxpayers whose AGI exceeds $28,000 will have a maximum credit of $480 for one child and $960 for two or more children.

The benefit derived from a dependent care flexible spending program is calculated based on an amount of wages which is excluded from income.  Accordingly, this amount will reduce your taxable income and therefore your tax.  The benefit can be quantified most simply by reference to your marginal income tax rate. 

For example, if you are in the 28% marginal federal tax bracket, have two kids in day care, and you defer the maximum of $5,000 to the flexible spending account, and in fact spend the $5,000 on qualified care, your benefit is $1,400, ($5,000 x .28).  This compares with the maximum $960 tax reduction from utilizing the credit.

Additional savings are derived from the possible reduction in social security taxes and state income taxes.  If you are within the base amount for social security taxes, further savings of 7.45% results from the exclusion of these wages.  As a resident of the state of ________, an additional savings of ______________ is possible.

Of course there are restrictions on the use of the FSA arrangement to consider.  Mechanically, once your election is made to participate for the year, amounts are withheld from your paycheck.  This election is not easily changed.  You must then submit appropriate receipts and other documentation for reimbursement.  This delay in cash flow must be considered. Finally, amounts deferred, or deposited into an FSA which are not used for qualified expenses are forfeited.

I will contact you next week to discuss this option with you further.  I would be happy to run a comparative calculation to assist you in determining if an FSA makes sense for you and your family.  We can also discuss the possible health care dimension of your employer's FSA program as well.  Of course, please call with any questions you may have with respect to this or any other matter.