< Back to IRS

Angel Campbell

Can I claim Dependent Care FSA or Tax Credit for overseas daycare/academies as a US Citizen?

Hey everyone, I'm in a bit of a unique situation and could use some advice. My wife and I are both US citizens working remotely, and we've been thinking about sending our daughter to live with my in-laws overseas for about 8 months next year. They've found this amazing bilingual daycare/early learning academy near their home that would be perfect for her development. The thing is, we're wondering if we can still use our Dependent Care FSA funds or claim the Dependent Care Tax Credit for these expenses? The daycare costs about $7,800 for the full program, which is actually cheaper than what we're paying here in the States. I've been reading through IRS publications but I'm confused about whether international childcare providers qualify. The main issue seems to be that they wouldn't have an EIN or SSN since they're foreign businesses. Is there any workaround for this? Or am I just out of luck? Any insight would be super helpful since we're trying to figure out our 2025 tax planning! Thanks in advance!

Payton Black

•

This is a good question with some nuances. The Dependent Care FSA and the Child and Dependent Care Tax Credit can sometimes be used for foreign childcare providers, but there are specific requirements. For the Dependent Care Tax Credit, the IRS does require you to report the provider's taxpayer identification number (TIN), which would typically be an EIN or SSN for domestic providers. For foreign providers without a US tax ID, you're supposed to write "FOREIGN" in the space where you'd normally put the TIN on Form 2441. For the Dependent Care FSA, the requirements are similar, but your plan administrator might have specific documentation requirements for foreign providers. You'll need receipts translated to English showing the provider's name, address, dates of service, and amount paid. The bigger issue is that the child must be your dependent and must have a US SSN or ITIN to qualify for either benefit. Also, both parents generally need to be working or looking for work to claim these benefits, with some exceptions for full-time students or disabled spouses.

0 coins

Harold Oh

•

Thanks for this detailed answer! Does it matter if the overseas provider is a formal business vs someone's home? My sister is sending her kid to a neighbor in Portugal who watches several children - would that qualify too? Also, does using "FOREIGN" as the TIN trigger any red flags for audit?

0 coins

Payton Black

•

The provider can be either a formal business or an individual providing care in their home - both types can qualify. What matters is that they're providing care while you (and your spouse if married) are working or looking for work. The care provider can't be your spouse, the child's parent, or your dependent. Using "FOREIGN" for a provider's TIN doesn't automatically trigger an audit, but you should keep detailed documentation including receipts, proof of payment, and information about the provider. Having this documentation translated to English is important in case the IRS does request verification.

0 coins

Amun-Ra Azra

•

I used https://taxr.ai last year when I was in a similar situation. My kids were staying with grandparents in South Korea for 6 months while attending a language immersion program, and I wasn't sure how to handle the dependent care benefits. The tax programs I tried kept giving me errors because I couldn't provide an EIN for the Korean school. Taxr.ai analyzed my situation and confirmed I could claim the expenses by writing "FOREIGN" as the tax ID. They also helped me understand what documentation I needed to keep (translated receipts, program details, proof of payment). Saved me a ton of stress and probably avoided an audit trigger.

0 coins

Summer Green

•

How exactly does taxr.ai work? Is it like talking to a tax professional or more like an automated system? I've got a similar situation with my kids attending a summer program in Mexico next year and all the tax prep websites are giving me conflicting info.

0 coins

Gael Robinson

•

Did they tell you anything about residency requirements? Like how long can your kid be overseas before it affects their dependent status? My daughter might be doing a year-long program in France and I'm worried about losing her as a dependent.

0 coins

Amun-Ra Azra

•

It's an AI-powered system that analyzes tax documents and answers specific questions, so it's more interactive than just reading articles but not exactly like a full consultation with a CPA. You can upload documents and ask detailed questions about your situation. It helped me understand exactly what documentation I needed for foreign providers. Regarding residency requirements, they explained that time spent temporarily abroad for education doesn't typically disrupt dependent status as long as your child doesn't establish permanent residency elsewhere. For a year-long program, they'd likely still qualify as your dependent if you're providing more than half their support and their permanent home is still with you. But definitely get specific advice for your situation!

0 coins

Gael Robinson

•

Just wanted to follow up - I checked out https://taxr.ai after seeing it mentioned here and it was really helpful with my dependent care question. I uploaded some information about the French school my daughter will be attending, and it confirmed that I can still claim her as a dependent AND use the dependent care benefits. It explained that I need to keep detailed records showing I'm still providing more than half her support, even while she's overseas. It also walked me through exactly what to put on Form 2441 when claiming a foreign provider. The best part was getting confirmation that I don't need the foreign school's tax ID - putting "FOREIGN" in that field is actually the correct procedure! Definitely recommend it if you're dealing with unusual tax situations like international dependents.

0 coins

I had a nightmare trying to reach the IRS about a similar international dependent care issue last year. After being on hold for 3+ hours on multiple days, I finally used https://claimyr.com to get through to an actual IRS agent. You can see how it works here: https://youtu.be/_kiP6q8DX5c They basically hold your place in line with the IRS and call you when an agent is about to pick up. The agent confirmed that I could claim the Child and Dependent Care Credit for my son's preschool in Germany, and explained exactly how to document it. Just had to write "FOREIGN" where it asks for the provider's TIN and keep detailed translated receipts. Honestly saved me weeks of frustration trying to get a straight answer from the IRS. The agent was actually super helpful once I got through to a human.

0 coins

Darcy Moore

•

How does Claimyr actually work? Do they have some special connection to the IRS phone system? Seems sketchy that they can somehow jump the line when the rest of us are stuck on hold forever.

0 coins

Dana Doyle

•

Yeah right. No way this actually works. I've been trying to get IRS help for months. If something like this existed, everyone would be using it. Plus, IRS agents aren't exactly known for giving helpful advice even when you do reach them.

0 coins

They don't jump the line or have special access. They use an automated system that waits on hold for you. The service calls the IRS and navigates the phone menus, then stays on hold until a human agent is about to answer. At that point, they call you and connect you to the live agent. You're still waiting your turn in the queue, just not personally sitting there listening to hold music. As for the IRS agents, I was surprised too, but the person I spoke with was incredibly knowledgeable about international tax situations. She pulled up the exact regulations about foreign care providers and explained everything clearly. Not all agents are experts in every area, but if you get someone who knows their stuff, they can actually be quite helpful.

0 coins

Dana Doyle

•

I need to eat my words from yesterday. I was skeptical about Claimyr but decided to try it out of desperation. It actually freaking worked! Got a call back in about 90 minutes (way faster than I expected) and was connected to an IRS agent who specialized in international tax issues. The agent confirmed everything about claiming the Dependent Care Credit with foreign providers. She explained that I need to write "FOREIGN" on Form 2441, keep receipts translated to English, and make sure my payments can be documented (so avoid cash if possible). She also pointed me to a specific IRS publication that covers this exact situation. For anyone dealing with international dependent care questions, definitely worth getting the official word directly from the IRS. Can't believe I wasted weeks trying to figure this out on my own.

0 coins

Liam Duke

•

Another important thing to consider is that the maximum amount you can claim for the Dependent Care Credit or use from your FSA hasn't changed much recently. It's $3,000 for one qualifying person or $6,000 for two or more qualifying persons. So even if your foreign childcare costs more, that's the max you can use for the benefits. Also, don't forget that these are two separate benefits with different rules. If you use your Dependent Care FSA, you must subtract that amount from the expenses eligible for the tax credit. Many people find the FSA more beneficial because it reduces your taxable income, but it depends on your tax bracket and total childcare expenses.

0 coins

Manny Lark

•

Is that $3,000/$6,000 limit per year or per month? My twins' overseas program costs about $1,700 per month for both of them combined, so I'm trying to figure out if I should max out my FSA or just claim the tax credit.

0 coins

Liam Duke

•

The $3,000/$6,000 limit is per year, not per month. So with twins, your maximum eligible expenses would be $6,000 for the entire year. At $1,700 per month for both, you'd hit that maximum in less than 4 months. As for whether to use the FSA or tax credit, it's usually better to max out your Dependent Care FSA first (usually up to $5,000) because it's pre-tax money, which means you save on income tax, Social Security, and Medicare taxes. Then if you have additional expenses (up to the $6,000 limit for two children), you can claim the remaining $1,000 for the tax credit. But this depends on your tax bracket and specific situation.

0 coins

Rita Jacobs

•

Has anyone here actually tried to get reimbursed from their FSA for foreign childcare? My FSA administrator is giving me a hard time about accepting receipts from my kid's program in Mexico even though I had them professionally translated. They keep insisting on a W-10 form which obviously a foreign provider won't have.

0 coins

Khalid Howes

•

I successfully got reimbursed for my daughter's summer program in Costa Rica last year. The key was providing a detailed letter from the program (on their letterhead) that included their tax ID in their country, business registration number, and a statement that they don't have a US EIN because they're a foreign entity. My FSA administrator initially rejected it too, but I pointed out that the IRS allows "FOREIGN" as a TIN on Form 2441, and their own plan documents didn't specify that providers had to be domestic. They eventually approved it after I escalated to a supervisor.

0 coins

Rita Jacobs

•

Thanks for sharing your experience! That's super helpful. I'll definitely try getting a letter from the program with their Mexican tax ID and business info. And good tip about escalating to a supervisor - I've only been dealing with the frontline customer service people who probably just follow a script. Did you have to cite any specific IRS rules when you escalated?

0 coins

Just want to add another perspective here - I went through this exact situation last year when my son attended an international school in Singapore for 10 months. The key thing that helped me was getting everything documented upfront before making any payments. I contacted the school administrator and explained that I needed specific documentation for US tax purposes. They provided me with a letter on official letterhead that included their Singapore business registration number, their local tax ID, a statement that they don't have a US EIN, and confirmation of the services they provide (childcare/education during working hours). For payments, I made sure everything went through traceable methods - bank transfers or credit cards, never cash. This created a clear paper trail that both my FSA administrator and the IRS could verify if needed. One thing I learned is that different FSA administrators have varying levels of familiarity with foreign providers. If you're getting pushback, ask to speak with someone in their compliance department rather than general customer service. They're usually more knowledgeable about the actual IRS regulations versus just following standard scripts. The whole process was definitely more paperwork than domestic childcare, but it was absolutely worth it to get the tax benefits on those expenses!

0 coins

This is incredibly helpful advice, especially about getting documentation upfront! I'm just starting to plan for my daughter's program overseas and hadn't thought about contacting the provider ahead of time to explain what I need for US tax purposes. The tip about asking for the compliance department instead of general customer service is gold - I can see how they'd be much more familiar with the actual regulations. Did you run into any issues with the exchange rate documentation, or did your FSA administrator just accept the USD equivalent you reported on your reimbursement requests? Also, do you happen to know if there are any restrictions on how long the child can be overseas before it affects their dependent status? Eight months seems fine based on other comments, but I want to make sure I'm not missing anything important for tax planning.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today