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Additional Details
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peterkolozvary | Can I get the Child and Dependent Care Credit if my wife is a stay at home mom and I pay her to watch our son? |
My wife barely works and we chose this so our son wouldn't have to go to day care. Obviously, our income would be higher if she went to work and our son went to day care. Can I state that I essentially pay her to watch my son while I go to work and receive the credit? |
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eccentricjules
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It doesn't have to be a licensed care provider like someone said BUT if it is a person you pay to watch the child then you need to provide their Social Security number so that the IRS can make sure that person paid taxes on the income they made by watching the child! They will refuse the credit unless you file specific paperwork saying that person refused to give their social. The IRS takes that as though that person is trying to not pay taxes. So even if the two of you weren't married and you did put her social down there then it wouldn't help because she would have to report that as income, so she might pay the tax you would not be paying.
From the weblink I provided below read the section titled "Who Can Take the Credit or Exclude Dependant Care Benifits?"
It says:
"4. The person who provided the care was not your spouse, the parent of your qualifying child under age 13, or a person whom you can claim as a dependant."
My AGI is $27k and my dependant credit is only $840. If you make more money than I do then your credit amount would be less because I have more than the maximum $3k a year spent on child care. If you ask me... a $3k limit on what you can claim for child care is silly... The daycare my daughter was at last year was $7680 a year. It wasn't fancy, just average! |
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ninasgramma
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As others have stated, payments to your spouse are not qualifying payments for the Child and Dependent Care Credit.
In addition, if you paid your spouse, then the payments go right back on the tax return as her income, so you are taxed twice on the same money. Plus, you may owe payroll taxes.
So, not a good idea even if it were allowed. |
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Mathew
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No you can not claim child care credit if your wife is staying home to care for the children. You only get the credit if both of you are working or one is going to school and the other is working. |
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Lisa A
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Watching your own child is called parenting. It is not the economic activity of "child care" as defined by the law. You can not get paid to parent your own child, and you can't get a tax break for it. |
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Judy1
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No, you could not take a credit on that. The IRS rules on what providers can provide care so you'll be eligible for the credit specifically prohibit spouses. |
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kattsmeow
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No |
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D S
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You can't, it has to be a license person or school. |
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Thoroughbred
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Not a good chance of pulling that one off. I'd say absolutely not. |
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xtersmooth
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That is a great idea! I think you should give it a try. Most likely you can get away with it. Think about it; what are your chances of getting audited? Slim. |
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