Can You Claim the Child and Dependent Care Tax Credit?

Can You Claim the Child and Dependent Care Tax Credit?

Discover if you qualify for the Child and Dependent Care Tax Credit, designed to alleviate the costs of child or adult dependent care. Explore eligibility criteria, income thresholds, and key considerations for claiming this valuable tax credit.

Can You Claim the Child and Dependent Care Tax Credit?

You could qualify for a tax credit of as much as 35%.


Covering the costs of child care and adult dependent care is a significant financial challenge for many families, and it's a critical factor enabling parents to work or pursue education. To ease this burden, the Internal Revenue Service (IRS) provides the Child and Dependent Care tax credit, although this credit can be intricate due to its numerous regulations and exceptions.

Key Takeaways:

  • In the 2022 tax year, the Child and Dependent Care Tax Credit offers a range of 20% to 35% of your child or dependent care expenses, with a maximum of $3,000 for one dependent or $6,000 for two or more dependents.
  • Your eligible percentage is determined by your adjusted gross income (AGI) and decreases as your income increases.
  • The credit is applicable to expenses related to the care of dependent children under the age of 13 and adults who cannot provide self-care.
  • While the American Rescue Plan temporarily increased these benefits in 2021 due to the COVID-19 pandemic, it's essential to note that these enhancements have reverted back to a maximum of $1,050 for one dependent or $2,100 for two or more dependents for the 2022 tax year. This is the return you'll be filing in 2023.

How Much Is the Child and Dependent Care Credit?

The CDCTC allows you to claim a tax credit ranging from 20% to 35% of what you spent on daycare, up to a maximum of $3,000 for one dependent or $6,000 for two or more dependents. The exact percentage you can claim depends on your adjusted gross income (AGI).

Here's a breakdown of the income thresholds and corresponding credit percentages for the 2022 tax year:

  • If your AGI is at least $15,000 but less than $45,000, you can claim a 35% credit.
  • For AGIs between $45,000 and $438,000, the credit drops to 20%.
  • There is no credit eligibility for those with AGIs exceeding $438,000 or below $15,000.

Please note that these income thresholds apply to your combined household income if you are married. These percentages apply to eligible expenses, up to the specified maximums of $3,000 or $6,000.

The Effect of the American Rescue Plan

In response to the challenges presented by the COVID-19 pandemic, the American Rescue Plan temporarily enhanced the CDCTC in 2021. The plan raised the limit on expenses that could be claimed to $8,000 for one dependent and $16,000 for two or more dependents. Additionally, the maximum credit rate was increased to 50%.

This boost meant a maximum benefit of $4,000 for one individual receiving care and $8,000 for two or more dependents. Families with incomes of up to $125,000 were eligible for the full credit, with a gradual phase-out of the percentage of expenses you could claim beyond this income threshold.

However, it's essential to note that these enhanced terms were not extended into the 2022 tax year. As a result, the maximum Child and Dependent Care Credit reverted to $2,100 for two or more dependents in 2022, down from the temporarily increased maximum of $8,000 in 2021.

How To Qualify for the Child and Dependent Care Credit?

To be eligible for the CDCTC, you must meet certain criteria:

1) Dependent Care Need: You must have a dependent child under the age of 13 or an adult dependent who cannot be left alone while you work, search for work, or attend school full time. An adult dependent must be incapable of self-care.

2) Earned Income: You and your spouse (if married) must have earned income during the tax year from a job or self-employment. There is an exception for a disabled spouse who is unable to care for another person.

3) Marital Status: If you are married, you must file a joint tax return with your spouse to claim this credit. Exceptions are rare, and you typically cannot claim it if you file separately.

It's worth noting that you may still be eligible for the Child and Dependent Care Credit even if your employer provides or subsidizes the cost of care.

Rules for Your Qualifying Dependents

For your dependents to qualify for the CDCTC, they must meet specific criteria:

  • Age: Your child must have been younger than age 13 when the care was provided, or they must have been physically or mentally incapable of self-care if they were 13 or older.

  • Adult Dependents: You can claim adult daycare expenses for a dependent age 13 or older or for your spouse if they are physically or mentally unable to care for themselves.

  • Living Arrangements: You can claim child care or adult daycare expenses for someone who lives with you for at least half the year if you're married but living apart from your spouse. You must pay more than half the costs of maintaining your home to qualify.

  • Dependent Claiming: In cases where divorced or separated parents agree to allow the noncustodial parent to claim their child as a dependent on their tax return, you can still claim the credit if you don't claim the child as a dependent. However, the child must have lived with you for more nights during the year than with their noncustodial parent, and you must have paid for child care.

The IRS defines someone who can't physically or mentally take care of themselves as "persons who can't dress, clean, or feed themselves because of physical or mental problems" and those who require constant attention because they're at risk of injuring themselves.

Rules for Qualifying Day Care Providers

Not all child care providers qualify for the CDCTC. Here are some key considerations:

  • Dependent Providers: You cannot claim the expenses if you make child care payments to a dependent who takes care of your children. For example, you cannot claim payments you make to your dependent child to take care of their sibling.

  • Age of Child Care Provider: The tax code allows you to claim these expenses if you don't claim your child as a dependent and they are 19 or older by the end of the year. However, you cannot claim a tax credit for the money you pay to your spouse to take care of your qualifying child.

Frequently Asked Questions (FAQs)

1) Do summer camp programs or private schools qualify as child care?: Summer day camps can qualify as child care providers if they specialize in one activity, such as computers or soccer. Overnight camps do not qualify. Private school costs may qualify only if they are for nursery school or preschool below the level of kindergarten.

2) How can I be sure that I meet all these rules to claim the credit?: The IRS provides an interactive tool on its website to help you determine if you and your dependent qualify. It takes about 10 minutes to complete. However, please note that this tool is intended for U.S. citizens or resident aliens throughout the entire tax year.

Conclusion:

In conclusion, the Child and Dependent Care Tax Credit can be a valuable financial resource for families and caregivers facing the high costs of child care and adult dependent care. While the rules and limitations may seem complex, understanding the eligibility criteria and how the credit works can help you make the most of this valuable tax benefit.

If you have specific questions or need personalized guidance regarding your eligibility for the CDCTC, it's advisable to consult with a tax professional or refer to the IRS website for the most up-to-date information.

I hope this information was helpful! If you have any questions, feel free to reach out to us here. I’d be happy to chat with you.

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This post is just for informational purposes and is not meant to be legal, business, or tax advice. Regarding the matters discussed in this post, each individual should consult his or her own attorney, business advisor, or tax advisor. Vincere accepts no responsibility for actions taken in reliance on the information contained in this document.

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