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Can Jr Kindergarten tuition be used for DCFSA? School says no but IRS rules confuse me

My daughter is starting at a private preschool that runs Jr Kindergarten through 6th grade this fall. The Jr K program runs from 8:15am to 12:30pm Monday through Friday, and they also offer an extended day option from 12:30pm to 3:15pm that we can use as needed, though we plan to use it most days. I reached out to the school's business office because I wanted to confirm I could use my Dependent Care FSA for both the morning program and extended day fees. I was surprised when the finance manager told me: "The Jr Kindergarten program is considered tuition for reporting purposes, so it doesn't qualify as a DCFSA expense. However, the extended day program would be an eligible DCFSA expense." I looked up IRS Publication 503 and found this on page 7: "Education. Expenses for a child in nursery school, preschool, or similar programs for children below the level of kindergarten are expenses for care. Expenses to attend kindergarten or a higher grade aren't expenses for care. Don't use these expenses to figure your credit. However, expenses for before- or after-school care of a child in kindergarten or a higher grade may be expenses for care. Summer school and tutoring programs aren't for care." Based on this, it seems like ALL the Jr K expenses should qualify since it's "below kindergarten" - both the morning program and extended day. The school insists that the morning program is "tuition" and doesn't qualify. This is a pretty big deal financially - the Jr K program costs around $22K for the year, and being in the 24% tax bracket, we'd save over $5K if we could use our DCFSA, especially since the contribution limit is $10,500 this year with the special COVID rules. Am I misunderstanding something here? Is there another rule that says tuition for pre-K programs doesn't qualify for DCFSA? My daughter won't be in actual Kindergarten until next year, so shouldn't all these expenses count as "childcare" this year? (We definitely meet all the other requirements - this is work-related, both my husband and I work full-time, daughter is 4 years old, etc.

I work as a tax preparer and see this exact confusion every tax season. The school's finance manager is absolutely wrong about the distinction between "tuition" and childcare for DCFSA purposes. The IRS doesn't care what the school calls their billing categories internally. Publication 503 is crystal clear: if the program is below kindergarten level, ALL expenses qualify as care expenses - period. There's no separate "tuition exception" for pre-K programs. What's happening here is the school is conflating different tax provisions. The education tax credits (like the American Opportunity Credit) do distinguish between educational expenses and childcare, but DCFSA rules are completely different. I'd recommend getting the IRS language in writing and scheduling a meeting with the school director, not just the finance staff. Bring up that this affects multiple families and that other schools in your area likely provide proper documentation. You're entitled to use your full DCFSA benefit for this program. If they continue to refuse, your FSA administrator may accept the expenses anyway if you provide a receipt showing it's a pre-K program with proper dates and provider information. Many FSA administrators follow IRS guidelines regardless of how schools categorize their programs internally. Don't let them cost you $5,000+ in tax savings over an incorrect interpretation of the tax code!

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This is exactly the kind of professional insight I was hoping to find! As a tax preparer, have you seen situations where schools eventually changed their documentation practices once they understood the correct IRS interpretation? I'm wondering if there's a specific way to present this information that tends to be more effective with school administrators. Also, do you have any recommendations for what to do if the FSA administrator initially rejects the claim? Should I appeal with just the IRS Publication 503 reference, or is there other documentation that tends to be more persuasive in appeals? Thanks for taking the time to clarify this - it's frustrating when schools create unnecessary obstacles to following the actual tax code!

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Ryan Vasquez

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I'm dealing with a very similar situation with my 5-year-old's "Pre-K Plus" program! Our school director initially gave me the same response - that the "academic portion" didn't qualify for DCFSA, only the "extended care" hours. What finally worked for me was printing out the exact language from IRS Publication 503 and highlighting the key phrase: "Expenses for a child in nursery school, preschool, or similar programs for children below the level of kindergarten are expenses for care." I also found IRS Revenue Ruling 2003-92 which specifically addresses this issue and confirms that educational content doesn't disqualify pre-K programs from DCFSA eligibility. The breakthrough came when I asked the school director to show me where in the IRS code it says "tuition" for pre-K programs is treated differently than "childcare." They couldn't find any such distinction because it doesn't exist. I ended up getting full documentation for our $18K program, and our FSA administrator (FSAFEDS) accepted it without question. The key was being persistent but professional, and having the actual tax code references ready. Don't give up - you're absolutely right about this and it's worth thousands in tax savings! If your school continues to resist, consider reaching out to other parents in the program. When multiple families raise the same concern, schools tend to take it more seriously and consult with their own tax advisors.

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Thank you for sharing the specific IRS Revenue Ruling 2003-92 reference! That's incredibly helpful - I hadn't come across that ruling in my research. It sounds like having that additional documentation beyond just Publication 503 really made the difference in getting your school to understand the correct interpretation. I love your approach of asking the school to show where the IRS makes a "tuition" distinction for pre-K programs. That's brilliant because it puts the burden on them to justify their position with actual tax code rather than just internal policies. Your suggestion about reaching out to other parents is spot on too. I bet there are several families in our Jr K program who would benefit from this clarification. A coordinated approach might get the school to take this more seriously and actually consult with tax professionals rather than just sticking to their initial response. Did you end up needing to escalate beyond the school director, or were they able to resolve it once you provided the IRS references? I'm hoping I won't need to involve our FSA administrator in an appeal process if I can get the school documentation sorted out first.

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Liam McGuire

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Had this EXACT issue in February. Bank rejected my DD on Feb 9th, and I received my paper check on March 4th - so exactly 24 days. The most frustrating part was that my WMR status never updated from "Your refund has been sent to your bank" even after I physically received and deposited the check! Make sure you're checking your mail daily and sign up for Informed Delivery if you haven't already.

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I went through this exact situation in 2023 and can share some practical advice. First, don't panic about the timing - the 2-3 week timeframe mentioned earlier is pretty accurate in my experience. I received my paper check exactly 19 days after the rejection. Regarding your mailing address concern: if you're only temporarily relocated, I'd recommend setting up a USPS mail hold or forward rather than changing your address with the IRS via Form 8822. The IRS will mail the check to whatever address is on your return, and changing that address mid-process could actually cause delays. A simple mail forward through USPS is much faster and won't interfere with their systems. Pro tip: Sign up for USPS Informed Delivery if you haven't already - it'll give you a heads up when the check is coming so you're not anxiously checking the mailbox every day. The check will come in a standard white Treasury envelope, not anything fancy. One last thing - keep documenting everything (rejection notice, dates, etc.) in case you need to follow up later. Good luck!

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Carmen Diaz

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This is incredibly helpful, thank you! I'm in almost the exact same boat and your timeline gives me hope. Quick question about the USPS mail hold vs forward - if I set up a hold, do I need to be back at my primary address within a certain timeframe to pick up the mail? I might be at this temporary location for up to 6 weeks and don't want the check sitting in limbo somewhere.

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Going through a divorce myself, so I totally feel you on wanting to avoid financial surprises! One thing that helped me was requesting my account transcripts directly from the IRS (you can get them online instantly at irs.gov). The transcripts will show transaction codes that might indicate pending offsets even when the TOP portal doesn't reflect them yet. Look specifically for TC codes in the 700-800 range - those often show offset activity before it hits the main systems. Also, since you mentioned divorce, make sure to check if there are any joint debts (student loans, back taxes, etc.) that could still affect your refund even if they're assigned to your ex in the divorce decree. The IRS doesn't care about divorce agreements when it comes to joint tax liabilities. Hang in there - the uncertainty is the worst part! šŸ¤ž

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This is really helpful advice! I had no idea about those TC codes - that's exactly the kind of detailed info I was looking for. The joint debt thing is scary though... we have some old student loans that are technically joint even though he's supposed to handle them per our agreement. Sounds like the IRS doesn't care about our paperwork if both our names are on the original debt? That's terrifying. Going to check those transcripts right now. Thanks for the support - you're right, the not knowing is definitely the hardest part! 😰

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Yara Khoury

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I've been through this exact situation during my own divorce proceedings last year. The offset portal lag is frustrating, but there are a few things you can do to get a clearer picture. First, call the Treasury Offset Program directly at 800-304-3107 - they often have more current information than the online portal shows. Second, request your IRS account transcripts online and look for any TC (Transaction Code) entries in the 700s or 800s, which can indicate offset activity before it shows up elsewhere. One crucial thing for your divorce situation: even if your divorce decree assigns certain debts to your ex, the IRS and other federal agencies don't recognize those agreements. If your name is still on joint tax liabilities, student loans, or other federal debts, they can still offset your refund regardless of what your divorce paperwork says. I learned this the hard way when an old joint student loan that was "assigned" to my ex in our decree still hit my refund. Consider contacting any creditors you're aware of to check your current status directly. The uncertainty is awful, especially when you're trying to rebuild financially after a divorce, but getting proactive about checking these sources should give you a much clearer picture. Good luck! šŸ¤ž

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Just adding that besides SSNs, there are other types of TINs too: - EIN (Employer Identification Number) for businesses - ITIN (Individual Taxpayer Identification Number) for non-citizens - PTIN (Preparer Tax Identification Number) for tax preparers - ATIN (Adoption Taxpayer Identification Number) for pending adoptions So while most people's TIN is just their SSN, not everyone's is!

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Do you know if someone can have multiple TINs? Like if I have an SSN for myself but also run a small business?

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Yes, you can definitely have multiple TINs! As an individual with a business, you'd have your SSN for personal tax matters and an EIN for your business. Many people have both - your SSN identifies you as an individual taxpayer, while your EIN identifies your business entity. You'll use your SSN on your personal tax return (Form 1040) and your EIN for business-related forms and transactions. Just make sure to use the correct number for the right purpose - SSN for personal stuff, EIN for business stuff.

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Has anyone dealt with the IRS matching notice issue for missing K1s? I ignored including a zero-income K1 last year and got a CP2000 notice six months later. Huge headache to resolve, even though it ultimately didn't change my tax owed.

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Yes! This happened to me two years ago. Even though the K1 had no income, there were some foreign tax credits on it that I could have claimed. Ended up having to respond to the notice, file an amendment anyway, AND I missed out on those credits because too much time had passed. Just amend now and save yourself the trouble.

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I went through almost the exact same situation last year with my LLC that had zero income but startup expenses. Here's what I learned the hard way - you definitely need to amend your return to include the K1, even with zero income. The IRS automated matching system will flag the discrepancy once they receive your business return with the K1. I tried to "wait and see" and ended up getting a CP2000 notice months later asking me to explain the missing K1. Even though it didn't change my tax liability, I had to spend time responding to the notice and dealing with the paperwork. The good news is that those startup expenses on your S-corp K1 will likely be deductible against your other income on your personal return. In my case, I actually ended up getting a small refund from the amendment because the business expenses reduced my overall tax liability. File the amendment sooner rather than later - it shows good faith effort to correct the error, and you'll avoid the potential hassle of dealing with IRS notices down the road. The 1040-X form isn't too complicated, especially if you use tax software that has an amendment feature.

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Zara Khan

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This is really helpful to hear from someone who went through the exact same situation! I'm curious - how long did it take to get your refund after filing the amendment? And did you have to provide any additional documentation beyond the 1040-X and the K1 itself? I'm trying to figure out if there's anything else I should prepare before I start the amendment process.

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@Ella rollingthunder87 Thanks for sharing your experience! This gives me hope that the amendment might actually work in our favor. How complicated was the CP2000 notice process before you decided to amend? I m'wondering if I should just get ahead of it now rather than risk that headache later. Also, did your tax software handle the S-corp K1 information pretty smoothly when you did the amendment, or did you need professional help?

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