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Dependent Care FSA Enrollment Mistake
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Egoist
Jan 31, 2012, 2:00:19 PM1/31/12
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My partner and I had a child in October and are planning on leaving
him with a nanny starting in March. For this purpose, during open
enrollment I opted to open a dependent care FSA. Some time later
after enrollment was closed and before the end of the year, my partner
and I decided that she would claim the child as her dependent (we file
separately).
1. Can I still use my dependent care FSA to pay for his childcare?
2. If I cannot, is there any way to legally claim that money back from
the FSA? I tried to get my company to change my option given my
circumstances but they refused because it is not a "qualified
change" (even though I was never eligible to receive that benefit).
him with a nanny starting in March. For this purpose, during open
enrollment I opted to open a dependent care FSA. Some time later
after enrollment was closed and before the end of the year, my partner
and I decided that she would claim the child as her dependent (we file
separately).
1. Can I still use my dependent care FSA to pay for his childcare?
2. If I cannot, is there any way to legally claim that money back from
the FSA? I tried to get my company to change my option given my
circumstances but they refused because it is not a "qualified
change" (even though I was never eligible to receive that benefit).
paulthomascpa
Feb 1, 2012, 8:11:44 AM2/1/12
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"Egoist" <miguel...@gmail.com> wrote
> My partner and I had a child in October and are planning on leaving
> him with a nanny starting in March. For this purpose, during open
> enrollment I opted to open a dependent care FSA. Some time later
> after enrollment was closed and before the end of the year, my partner
> and I decided that she would claim the child as her dependent (we file
> separately).
>
> 1. Can I still use my dependent care FSA to pay for his childcare?
Whether you can use that or not should be stated in the FSA documents.
> him with a nanny starting in March. For this purpose, during open
> enrollment I opted to open a dependent care FSA. Some time later
> after enrollment was closed and before the end of the year, my partner
> and I decided that she would claim the child as her dependent (we file
> separately).
>
> 1. Can I still use my dependent care FSA to pay for his childcare?
You'll have to ask them.
For tax purposes though, it'll be income to you. IE: Not pre-tax. You'll
have to add that back to your income when you prepare your returns.
> 2. If I cannot, is there any way to legally claim that money back from
> the FSA? I tried to get my company to change my option given my
> circumstances but they refused because it is not a "qualified
> change" (even though I was never eligible to receive that benefit).
how, when and if you can receive any over-withheld money.
--
Paul Thomas, CPA
www.paulthomascpa.com
Intelligence ForRent
Feb 3, 2012, 11:26:49 PM2/3/12
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