High earners - do we qualify for childcare deduction when above child tax credit threshold?
So my wife and I are in a situation where we make too much to qualify for the child tax credit because our AGI exceeds the income threshold. Last year we decided to create a family business to formally employ a full-time nanny for our 3-year-old daughter. We did everything properly - paid regular wages, all federal taxes, social security, Medicare, and filed all the required paperwork. All told, we spent around $52k on this arrangement, completely above board and fully documented. What I'm trying to figure out is whether there's any way for us to deduct these childcare expenses? Since we're paying everything legitimately including employer taxes, can we write off any of this through our family business or some other tax mechanism? Or is this just one of those situations where as higher income earners we're just expected to eat the entire cost with no tax benefits? Feels like we're being penalized for doing things the right way versus paying under the table. Any insights appreciated!
18 comments


Vanessa Chang
You've actually got a couple of options here. While you might not qualify for the Child Tax Credit due to your AGI, you may still be eligible for the Child and Dependent Care Credit, which is different. This credit helps offset costs for care of qualifying dependents while you work or look for work. For your situation with the family business arrangement, it gets interesting. If you've set up a legitimate business with the primary purpose beyond just childcare, you might be able to deduct some expenses as business expenses. However, the IRS looks very carefully at family businesses that employ caregivers to ensure they're not just tax avoidance mechanisms. The key is whether your family business has a genuine business purpose beyond childcare. If it does, some expenses may be deductible as ordinary business expenses. If the business exists primarily to care for your child, the IRS will likely view this as a personal expense rather than a legitimate business deduction.
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Noah Irving
•Thanks for the detailed response! Can you clarify how the Child and Dependent Care Credit works for higher income families? I was under the impression there was a phase-out for that too. Also, our family business does have legitimate operations beyond just employing the nanny - we run a small consulting practice through it. The nanny helps make it possible for both of us to work full time. Would that strengthen our case?
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Vanessa Chang
•The Child and Dependent Care Credit does have income limitations but they're more generous than the Child Tax Credit. For 2025, the credit can be up to $3,000 for one qualifying dependent or $6,000 for two or more. The percentage of expenses you can claim reduces as income increases, but unlike some credits, it never phases out completely - higher income families still get a 20% credit. Having your family business serve as a legitimate consulting practice definitely strengthens your position. If both spouses are performing actual consulting work and the childcare makes it possible, there's a much stronger case. Just make sure everything is well-documented - business registration, separate business accounts, consulting contracts, and clear records showing the business purpose beyond childcare. The key is demonstrating that the nanny is an ordinary and necessary business expense that helps the business generate income.
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Madison King
I was in almost the exact same situation last year with our twins! After spending weeks researching this, I found taxr.ai (https://taxr.ai) which completely changed how I approached this problem. They analyzed our specific situation and helped us identify which expenses were potentially deductible and which weren't. The big thing they pointed out was that while we couldn't deduct direct childcare costs through our business (since that's considered a personal expense), we COULD legitimately claim the Child and Dependent Care Credit even with our income level. They also found some home office deductions we were missing that indirectly helped offset some costs. Their system reviewed all our documentation and showed us exactly what the IRS would likely accept vs. flag. Saved us from making some questionable deductions that might have triggered an audit.
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Julian Paolo
•Did taxr.ai actually help you navigate the family business aspect specifically? We've got a similar setup but our accountant seems really unsure about how to handle it properly. I'm worried about claiming things incorrectly.
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Ella Knight
•I'm kinda skeptical about these tax analysis services... how do they actually work? Isn't this just stuff a regular accountant would catch? What made it worth using versus a traditional CPA?
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Madison King
•Yes, they specifically helped with separating legitimate business expenses from personal childcare costs. They showed me how to properly document when the nanny was supporting business activities versus purely childcare, which makes a huge difference for audit protection. Their guidance was much more specific than what our accountant originally provided. The difference from a regular accountant is they have AI systems that compare your specific situation against thousands of similar cases and tax rulings. My CPA was good but didn't have specialized experience with family businesses employing caregivers. Taxr.ai flagged several deductions my accountant missed and cautioned against others he suggested that were actually risky. They're not a replacement for an accountant but more like specialized analysis that helps you make better decisions.
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Ella Knight
Alright, I need to admit I was completely wrong in my skepticism. After trying taxr.ai for our situation (we have a home-based business and a part-time nanny), I was seriously impressed. They identified that while we couldn't deduct the nanny's salary directly as a business expense, we could take advantage of a Dependent Care FSA through my wife's employer AND still claim the remaining expenses on the Child and Dependent Care Credit up to the limit. The analysis showed exactly which parts of our childcare arrangement could be legitimately claimed and which couldn't. They even provided documentation templates for record-keeping that specifically addressed the IRS requirements for our situation. What convinced me was when they showed examples of similar cases where taxpayers got in trouble by incorrectly claiming certain expenses. Really opened my eyes to the nuances here.
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William Schwarz
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Lauren Johnson
•How does this actually work though? I thought it was impossible to get through to the IRS? Is this service just auto-dialing or something more sophisticated?
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Jade Santiago
•This sounds too good to be true. I've literally spent HOURS on hold with the IRS and ended up disconnected more times than I can count. You're telling me this service somehow magically gets through when millions of people can't?
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William Schwarz
•It uses a combination of auto-dialing and AI to navigate the complex IRS phone tree. Instead of you having to sit on hold, their system holds your place in line. When they detect a human IRS agent has picked up, they immediately call you and connect you directly to that agent. You don't have to sit on hold at all. It's definitely not magic - just smart technology. The IRS phone systems are overwhelmed, but they do eventually answer calls. The difference is Claimyr's system can wait on hold for hours so you don't have to. I was skeptical too until I tried it. I got clear answers about my family business childcare situation in one call instead of weeks of frustration.
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Jade Santiago
I need to apologize for being so skeptical about Claimyr. After our childcare tax situation got more complicated this year, I decided to give it a try since I needed clarity straight from the IRS. I used Claimyr yesterday and it actually worked exactly as described. I got a call back in about 35 minutes and was connected directly to an IRS agent who specialized in business tax issues. The agent walked me through exactly how to handle our nanny's wages in relation to our family business - confirmed that we couldn't deduct her salary as a business expense but DID qualify for the Child and Dependent Care Credit despite our income level. The agent also clarified some recordkeeping requirements I'd been confused about. Honestly worth every penny just for the time saved and definitive answers.
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Caleb Stone
Don't overlook using a Dependent Care FSA if either you or your spouse has access to one through an employer! Even with high income, you can set aside $5,000 pre-tax for qualifying childcare expenses, which is separate from the Child and Dependent Care Credit. If you're paying $52k for childcare, you won't get to deduct all of it, but using an FSA in combination with the Child and Dependent Care Credit (which you can claim on expenses beyond what's covered by the FSA) can help reduce the sting a bit. One thing nobody's mentioned - make sure you're issuing a proper W-2 to your nanny and filing Schedule H with your taxes. The IRS pays special attention to household employment.
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Noah Irving
•We do have access to a Dependent Care FSA through my employer, but I thought we couldn't use both that and the Child and Dependent Care Credit? Are you saying we can use both, just not for the same expenses?
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Caleb Stone
•That's exactly right. You can use both a Dependent Care FSA and claim the Child and Dependent Care Credit, but not for the same expenses. Here's how it typically works: If you put $5,000 in your Dependent Care FSA and spend $52,000 on qualifying childcare, you can claim the Credit on up to $3,000 (for one child) or $6,000 (for multiple children) of the REMAINING $47,000 in expenses. You'd exclude the FSA-covered amount from your Credit calculation. While this won't cover all your expenses, the combination of tax-free FSA money and the partial Credit on remaining expenses provides better tax benefits than either option alone. Just make sure to document everything clearly on your tax forms to show you're not double-dipping.
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Daniel Price
I was in your exact situation last year. Make sure you're documenting EVERYTHING about your family business! The distinction between a legitimate business that employs a nanny vs a tax shelter specifically created to deduct personal expenses is crucial. Some things that helped me: - Maintain separate bank accounts for business operations - Have formal employment contracts - Document specific business-related duties of the nanny (vs childcare duties) - Keep detailed timesheets separating business support vs childcare hours - Have a business with genuine income/clients beyond just you and your spouse The IRS scrutinizes these arrangements closely because so many people try to game the system. Better to be conservative with deductions than risk an audit.
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Olivia Evans
•Do you have any recommendations for time-tracking software that works well for this specific situation? We need to track when our nanny is doing business-support activities vs pure childcare.
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