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Turn the Tables for Family Tax Credit

Providing financial assistance to aging parents or in-laws while juggling the need for child care can be challenging. However, there’s a strategy that allows you to address both needs simultaneously and gain a tax benefit in the process.

Strategy: Convert Support Payments to Child Care Payments

If you’re already supporting your parents or in-laws financially, consider designating these payments as compensation for babysitting services. This approach could potentially qualify you for a dependent care credit.

Understanding the Dependent Care Credit

The dependent care credit is available if a relative watches your children, allowing you and your spouse to be gainfully employed. Here are the key points about this credit:

  • Credit Amount: For middle- to upper-income families, the credit is typically 20% of the first $3,000 of qualified expenses for one child under age 13 and 20% of the first $6,000 for two or more qualified children. For example, if you have three children under age 13 and pay for child care, the maximum credit is $1,200 (20% of $6,000).
  • Eligibility Requirements:
    • The child must be your biological child, adopted child, stepchild, or foster child.
    • The child must live with you for more than half the year.
    • The child must be younger than 13 or permanently and totally disabled.
    • You must provide more than half the cost of maintaining your home.
    • The expenses must be incurred so you (and your spouse, if married) can be gainfully employed. The gainful employment requirement is satisfied if one spouse is a full-time student while the other works.

Why a Tax Credit is Valuable

A tax credit reduces your tax bill on a dollar-for-dollar basis, which is more beneficial than a tax deduction.

Practical Example

Imagine your mother watches your two children, ages 10 and 8, during the summer and after school. You and your spouse both work full-time. You typically give your mother $500 a month for her rent, totaling $6,000 annually. Instead, you designate these payments as compensation for babysitting:

  • Old Arrangement: $500/month given as financial support.
  • New Arrangement: $500/month paid for babysitting services.

This way, you can claim a dependent care credit of $1,200. Although these payments are taxable to your mother, she will likely have little to no tax liability, creating a win-win situation.

Reasonable Payment Requirement

Ensure the payments are reasonable for the services provided. Overpaying for minimal babysitting (e.g., paying $500 for watching a 12-year-old one day a month) won’t qualify for the dependent care credit.

Additional Tax Credit for Non-Child Dependents

The Tax Cuts and Jobs Act (TCJA) allows a $500 credit for supporting a non-child dependent. Although the TCJA suspends dependency exemptions for elderly relatives, this credit offers some relief. However, this provision is scheduled to expire after 2025.

Conclusion

By converting financial support into child care payments, you can claim a valuable dependent care credit, easing your tax burden and supporting your family simultaneously. Always ensure the payments are reasonable and consult with a tax professional to optimize your tax strategy.