M.K.
Hi there! It's annual benefit selection time again, isn't it! My husband and I just looked at the IRS regulations on this topic, to see if we could use his dependent care account to avoid Federal taxes on the money we pay for our daughter's preschool tuition.
Our understanding is that we are NOT eligible to do this. We looked at it from all angles and could not find a loop-hole. I am a SAHM and have ZERO income. The regulation, as we understand it, requires both partners to attest that each is employed outside the home, with each earning a minimum income (maybe $5k...but I can't remember).
It was clear that the purpose of this regulation/benefit is to help facilitate both partners working. It's relief for families in which the second income is almost fully dedicated to child care expenses. (i.e. "It doesn't really pay to work, as my whole salary goes to daycare.") This tax break is intended to help keep those families working.
We found our information at www.irs.gov
Neither my husband nor I are accountants or tax experts. But if you (or anyone else) knows of a way to make this work, please send me a message!