Categories

Need help selecting a firm?

Tell us about your project and get introduced to the best accounting and tax firm for your needs.

Get Started

Married Filing Separate

A married taxpayer filing a separate return cannot claim the credit unless the taxpayer and his or her spouse are legally separated under a decree of divorce or separate maintenance. (IRC Sec 21(e)(4)) However, the custodial parent can exclude the dependent care benefits per the limits.  Married taxpayers qualifying as head of household may claim the credit or exclude the dependent care benefits.    

TaxBuzz Guides