Reimbursable dependent care expenses must enable employment


Issue:

Your employee, Tina, works during the day and her husband, Tom, works at night and sleeps during the day. Tina and Tom pay for care for their son during the hours when Tina is working and Tom is sleeping. Does the amount that Tina and Tom pay for child care qualify as an employment-related expense that may be reimbursed through a dependent care spending account?

Answer:    

Probably so. Expenses are employment-related expenses only if they are for the purpose of enabling the taxpayer to be gainfully employed. The expenses must be for the care of a qualifying individual or household services performed during periods in which the taxpayer is gainfully employed or in active search of gainful employment.

Employment may consist of service within or outside the taxpayer's home and includes self-employment. An expense is not employment-related merely because it is paid or incurred while the taxpayer is gainfully employed. The purpose of the expense must be to enable the taxpayer to be gainfully employed. Whether the purpose of an expense is to enable the taxpayer to be gainfully employed depends on the facts and circumstances of the particular case.

Cite: IRS Reg. §1.21-1(c).

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