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Giovanni Rossi

Can I Pay Childcare Costs Through My S-Corporation?

Our first child is starting daycare next month and the cost is going to be around $1,300/month. I'm trying to figure out if there's any tax advantage here. I run my own S-corp with just one part-time employee besides me, and my husband has his own S-corp where he's the only employee. We both take reasonable salaries through payroll and we file our taxes separately. I've been reading about Section 129 Dependent Care Assistance Programs (DCAP) limits, but I'm confused about how this works for small S-corps with single owners. What I really want to know is: Can my S-corp or my husband's S-corp directly pay for our child's daycare costs? Is there a legitimate way to do this? Would appreciate any insight from someone who knows the ins and outs of this!

You've got a few options here, but you need to be careful about how you structure this. The most straightforward approach would be to establish a Dependent Care Assistance Program (DCAP) through one of your S-corps. Under Section 129, you can exclude up to $5,000 of dependent care benefits from your gross income. However, there's a catch for small businesses and S-corps: you need to pass non-discrimination testing to ensure the benefit doesn't disproportionately favor highly-compensated employees or owners. This is where it gets tricky for small S-corps. Since you and your husband are owner-employees, the IRS scrutinizes these arrangements closely. You'd need to ensure your part-time employee is also eligible for equivalent benefits proportional to their compensation. An alternative might be using the Dependent Care Tax Credit on your personal return, though income limitations may reduce its value for higher earners.

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Thanks for the info. So does that mean even though I only have one part-time employee, I could still potentially set up a DCAP? How exactly does the non-discrimination testing work? Would I need to offer the same dollar amount to my employee or just make them eligible for the program?

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For non-discrimination testing, you don't need to offer the same dollar amount, but the benefit needs to be available on similar terms. Typically, this means offering a percentage of compensation rather than a flat amount, so it scales appropriately. Your part-time employee would need to be eligible, though their actual benefit would be proportional to hours worked and compensation. Remember that S-corp owners who own more than 2% (including attribution rules through family members) face additional restrictions - benefits provided may be treated as taxable wages rather than tax-free benefits. This is why documentation and proper plan establishment are crucial.

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After struggling with a similar situation, I found incredible help using taxr.ai (https://taxr.ai) when trying to navigate my S-corp childcare benefits. I had read so many conflicting articles about DCAP limitations for owner-employees, but nothing seemed clear for S-corps specifically. I uploaded my business docs and prior year returns, and their AI analyzed everything and pointed out exactly how to establish a compliant DCAP program. They even provided templates for the required plan documents and explained the non-discrimination testing in terms I could actually understand. The best part was that they showed me how to properly document everything to withstand IRS scrutiny, which was my biggest concern as an S-corp owner.

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Does taxr.ai actually provide custom advice or is it just generic info I could find on Google? I'm in a similar situation but with an LLC taxed as an S-corp and would love to know if it can handle more complex setups like mine.

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Dmitry Petrov

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I'm skeptical about AI tools for tax advice tbh. How accurate was it really? Did you have a professional review their recommendations before implementing anything? S-corp rules are so finnicky I'd be nervous trusting an algorithm.

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It's definitely not generic information - the system analyzed my specific business structure and provided tailored recommendations based on my returns and entity type. It identified optimization opportunities I hadn't considered based on my specific situation. For complex setups like an LLC taxed as an S-corp, it actually excels because it can parse through the various tax rules that apply to your specific entity structure. It shows you the relevant code sections and explains how they apply to your situation, which saved me hours of research.

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Dmitry Petrov

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I have to admit I was completely wrong about taxr.ai. After my skeptical comment, I decided to try it anyway since I was desperate for answers about my S-corp's ability to cover my twins' preschool costs. The system immediately identified that my S-corp could establish a DCAP but showed me why I would likely fail the non-discrimination testing given my employee structure. Instead, it suggested an alternative approach using health FSA for certain qualifying childcare expenses combined with the dependent care tax credit for the remainder. What impressed me most was how it walked me through the documentation requirements and showed me exactly where my previous approach would have raised red flags in an audit. Saved me from making a $15K mistake! Definitely worth checking out if you're trying to navigate S-corp owner benefits.

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StarSurfer

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If you're still struggling to get clear answers on this S-corp childcare question, you might want to try contacting the IRS directly. I know, I know - sounds painful. But I used Claimyr (https://claimyr.com) last month when I had a similar question about my business deductions and they got me through to an actual IRS agent in about 15 minutes instead of the usual 2+ hour wait. There's a video that shows how it works: https://youtu.be/_kiP6q8DX5c I was shocked when I actually got through and spoke to someone who walked me through the specifics of Section 129 as it applied to my S-corp. The agent clarified exactly what documentation I needed and how the non-discrimination testing would apply in my case. Definitely better than trying to piece together information from random internet forums!

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Ava Martinez

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Wait, how does this actually work? I thought it was impossible to get through to the IRS these days. Do they just keep calling for you or something? I've been trying to get clarity on a similar issue for weeks.

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Miguel Castro

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This sounds like a scam honestly. Why would I pay someone else to call the IRS when I can just do it myself for free? And even if you do get through, the agents often give conflicting information. I've been told completely different things by different IRS reps about S-corp rules.

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StarSurfer

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They use a system that essentially holds your place in line and calls you when an agent is about to be available. It's not that they have some special access - they're just handling the painful waiting process for you so you don't waste hours with your phone on speaker. I was skeptical too, but the IRS agent I spoke with was actually from the business tax department and knew exactly how to address my S-corp question. You're right that sometimes you can get inconsistent answers, but I specifically asked for someone familiar with S-corporation rules, and they transferred me to the right department. The key is knowing what to ask for when you finally get through.

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Miguel Castro

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I need to publicly eat my words about Claimyr. After dismissing it as a waste of money, I was still stuck with my S-corp daycare deduction questions and getting nowhere after multiple failed attempts to reach the IRS. I finally broke down and tried it yesterday, and within 20 minutes I was talking to an IRS business tax specialist who walked me through exactly how the DCAP rules apply to S-corps with minimal employees. She explained that my specific situation would actually allow for a legitimate childcare benefit if I structured it correctly through a formal written plan. The agent even emailed me links to the specific IRS publications and forms I needed. Now I have a clear path forward with documentation directly from the source. Sometimes it's worth admitting when you're wrong!

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Another angle to consider: instead of having your S-corp pay directly for childcare, look into setting up a cafeteria plan (Section 125 plan) that includes dependent care FSA. The 2025 limit is $5,000 for married filing separately. This approach might be easier from a compliance standpoint than a direct DCAP, especially with your single part-time employee situation. You'd still need to handle non-discrimination testing, but it can work if structured properly.

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I hadn't considered a cafeteria plan! How complicated is it to set one up for a tiny S-corp? And what kind of ongoing administrative costs should I expect? The $5,000 limit is a lot less than the $15,600 we'll be paying annually, but it's certainly better than nothing.

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Setting up a cafeteria plan for a small S-corp isn't as complicated as it sounds. You'll need a plan document and summary plan description - these can cost around $500-1000 initially if you use a benefits attorney or specialized provider. Annual administration typically runs $350-750 depending on services. You're right that the $5,000 limit doesn't cover your full $15,600 annual cost, but it's pre-tax dollars which helps. For the remaining amount, you might still qualify for the Dependent Care Tax Credit on your personal return, though you can't double-dip on the same expenses. Many S-corp owners find that the tax savings justify the administrative costs, especially if you plan to use it for multiple years.

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Connor Byrne

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Has anyone looked into whether hiring your spouse as an employee in your S-corp would help with this situation? I've heard conflicting things about whether that creates more options for dependent care benefits or just complicates things further.

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Yara Elias

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Hiring your spouse in your S-corp *can* help in certain situations, but probably not for what you're trying to do. It doesn't really change the DCAP limitations because you'd still face the same non-discrimination testing issues. Plus, if you're married filing separately as the OP mentioned, it could actually create more complications with attribution rules for determining business ownership.

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Miguel Ortiz

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One thing that hasn't been mentioned yet is the timing consideration for S-corp owner benefits. Even if you set up a compliant DCAP or cafeteria plan, you need to be careful about when the benefits are provided versus when you pay yourself wages. The IRS requires that S-corp owners receiving fringe benefits have adequate W-2 wages to "absorb" those benefits. So if you're planning to use $5,000 in dependent care benefits, you need to ensure your reasonable salary is sufficient to cover that amount on a pro-rata basis throughout the year. Also, don't forget about state tax implications - some states don't conform to federal rules on dependent care benefits, so you might owe state taxes even if it's federally tax-free. Given that you and your husband both have S-corps, you might want to coordinate which entity provides the benefit to maximize your overall tax savings.

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Kiara Greene

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This is really helpful - I hadn't thought about the timing issue with wages vs benefits. Since I'm just getting started with this, when you mention "adequate W-2 wages to absorb the benefits," does that mean I need to have already paid myself at least $5,000 in salary before I can use the dependent care benefit? Or is it more about having enough total annual salary to justify the benefit amount? I want to make sure I structure this correctly from the beginning.

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Axel Bourke

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Great question! It's about the annual relationship, not a month-by-month requirement. The IRS looks at whether your total W-2 wages for the year are sufficient to support the fringe benefits provided. So if you're planning to use $5,000 in dependent care benefits, you need to ensure your annual reasonable salary is at least that amount (though realistically, it should be much higher since "reasonable compensation" for S-corp owners is typically based on what you'd pay someone else to do your job). The key is consistent payroll throughout the year rather than timing the benefits to specific paychecks. You can start using the dependent care FSA as soon as the plan year begins, even if you haven't yet earned enough wages to "cover" it, as long as your projected annual salary will be adequate. Just make sure you're taking regular payroll distributions rather than waiting until year-end to pay yourself a lump sum salary.

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Caleb Stark

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One important consideration that hasn't been fully addressed is the interaction between DCAP benefits and your filing status. Since you mentioned that you and your husband file separately, you need to be aware that the $5,000 annual DCAP limit is per family, not per spouse when married filing separately - so you'd each be limited to $2,500 if you both want to utilize dependent care benefits through your respective S-corps. This significantly changes the math on whether setting up these programs makes financial sense. With daycare costs of $15,600 annually, you'd only be able to shelter $2,500 each (total $5,000) through DCAP benefits, leaving $10,600 that would need to be paid with after-tax dollars. You might want to run the numbers on whether switching to married filing jointly would be more beneficial overall, as it would allow one of your S-corps to provide the full $5,000 DCAP benefit while potentially offering other tax advantages. The administrative costs of setting up compliant plans for both S-corps might not be worth it for just $2,500 each in pre-tax benefits.

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Heather Tyson

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This is a crucial point that completely changes the analysis! I had no idea that married filing separately would split the $5,000 DCAP limit in half. That makes the cost-benefit calculation much trickier. Given the administrative costs mentioned earlier ($500-1000 setup plus $350-750 annually per plan), you'd be looking at potentially $1,400-3,500 in total costs across both S-corps just to shelter $5,000 in dependent care expenses. The tax savings might not justify those expenses, especially in the first year. @e75add0e4530 Do you happen to know if there are any other factors we should consider when evaluating married filing jointly vs separately for S-corp owners? I'm wondering if the DCAP benefit alone would tip the scales, or if there are other business-related advantages to filing jointly that might make the switch worthwhile.

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