I've Flexible Spending Account(FSA) related questions for which I can put aside up to $5000 tax free for child care expense. I'm planning to send my kid to private preschool (not for daycare).

1. Does both parents need to work or full time students for availing FSA/Dependent care tax free? My wife is on H4, she is neither going to school nor can work, but she has regular voluntary work in temple and community (she does not make money out of it), does it mean she has full time work in IRS code?

2. Does the private pre-school tuition can be claimed from FSA $5K that was put aside?

3. Does a normal day care expenses can be applied for FSA? Please elaborate this wrt to question #1 (one of the parent not working/not paid).

4. Does the community learning programs for kids - like swimming, crafts related fee paid be claimed from FSA?

5. If the tuition is covered, does it apply for kindergarten as well, or is it limited to to pre-school and PreKindergarten?

Thanks in advance.
Rvm

Both parents must either work or be attending school to qualify for use of the FSA Child Care option. Your wife neither works nor attends school, so you CANNOT legally use the $5k option tax-free.

Since you CANNOt legally use the $5K option tax-free, the rest of the questions are irrelevant.

Quote:

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Originally Posted by AtlantaTaxExpert

Both parents must either work or be attending school to qualify for use of the FSA Child Care option. Your wife neither works nor attends school, so you CANNOT ;legally use the $5k option tax-free.

Since you CANNOt legally use the $5K option tax-free, the rest of the questions are irrelevent.

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Thanks a lot for your response.

Glad to help; sorry I did not have better news for you.