How to complete Form 2441 with Dependent Care FSA for closed daycare without tax ID?
So, my husband and I have this dependent care FSA through his work that we've been using. Back in July, we enrolled our daughter in this small local daycare place for about a month. We paid upfront and got an official-looking invoice showing we paid in full. The problem is the daycare suddenly closed down last month with zero notice! We're pretty sure they were operating without proper licensing because we can't find ANY tax ID or EIN for them anywhere. We've already submitted the invoice to our FSA provider and got reimbursed, which is great, but now I'm worried about tax time. When we file taxes, we'll need to complete Form 2441 for the Child and Dependent Care Credit, but all we have is the daycare's name and address - no EIN or SSN or anything. Has anyone dealt with this before? What should we put on Form 2441 when we literally can't get their tax ID since they vanished? I'm worried about getting audited or having issues with our FSA if we don't report this correctly.
19 comments


Alexis Renard
This is actually a fairly common issue with smaller daycares. On Form 2441, you'll need to report the provider's information - including their name, address, and identifying number (EIN or SSN). Without this information, you might have trouble claiming the expenses. Here's what I suggest: First, try to contact the daycare owner through any means you have - old emails, phone numbers, etc. Sometimes even closed businesses will respond when it's about tax documents. Second, if you can't reach them, you can still complete Form 2441 with the information you have (name and address) and write "PROVIDER REFUSED" in the space for the TIN (Taxpayer Identification Number). The IRS understands this happens, but you should document your attempts to get this information. Keep copies of any communications attempting to reach the provider. Also, keep your payment records and the invoice - these will be important if there are any questions later.
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Camila Jordan
•What happens if the IRS decides to audit them though? Will they get in trouble for using FSA funds for a daycare that wasn't properly registered? I've heard horror stories about people having to pay back FSA money if the provider wasn't legitimate.
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Alexis Renard
•If the IRS conducts an audit, having proper documentation of your good faith efforts is key. Your FSA reimbursement is separate from the tax filing requirement - if the FSA administrator approved your claim based on the invoice, they've already accepted the validity of your childcare expenses. The IRS generally looks for whether you actually incurred the expenses and if the care was necessary so you could work or look for work. The fact that the provider may have been operating improperly doesn't invalidate your legitimate childcare expenses. Keep your payment records, the invoice, and any communications showing you tried to obtain the TIN. These demonstrate you're acting in good faith.
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Tyler Lefleur
After reading this, I immediately thought of taxr.ai which saved me in a similar situation last year. I had a home daycare provider who moved away suddenly and I couldn't track down her tax info. I uploaded my receipts and partial info to https://taxr.ai and they helped identify exactly what I needed to do on Form 2441. Their system analyzed my documents and gave me step-by-step instructions for completing the form properly with the "PROVIDER REFUSED" option the previous commenter mentioned. They also gave me a checklist of documentation to keep in case of audit. Super helpful when dealing with these unusual situations where you're missing key tax info but still need to file accurately.
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Madeline Blaze
•Does this actually work though? Like, how exactly does the system know what to do with your specific tax situation? I'm skeptical about tax AI tools since they seem to just give generic advice.
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Max Knight
•I'm curious - did taxr.ai help you determine if you were still eligible for the dependent care credit even with the missing TIN? Because I thought you absolutely had to have the provider's tax ID to claim anything on Form 2441.
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Tyler Lefleur
•The AI doesn't just give generic advice - it actually analyzes your specific documents and situation. When I uploaded my receipts and the partial information I had, it identified the exact paragraph in the IRS instructions that applied to my situation with the missing provider TIN. It's much more specific than just Googling. For your question about eligibility, yes, taxr.ai confirmed I could still claim the expenses even without the TIN as long as I could prove I made a serious effort to obtain it and documented those attempts. The system even created a letter template I could use to show I tried contacting the provider. The IRS does allow the "PROVIDER REFUSED" option in legitimate cases where you can't get the information despite reasonable efforts.
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Max Knight
Just wanted to update that I tried taxr.ai after seeing it mentioned here. It was exactly what I needed! I uploaded my daycare receipts and the system immediately identified the issue with my missing provider TIN. It even cited the specific IRS regulation that allows using "PROVIDER REFUSED" when you've made reasonable attempts to get the information. The system generated a complete guide for filling out Form 2441 line by line with my situation, including what documentation to keep for backup. It confirmed that as long as the care was legitimate and necessary for me to work (which it was), I could still claim it on my taxes even without the provider's TIN. What a relief! Now I can file with confidence instead of stressing about this all tax season.
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Emma Swift
If you're still having trouble with this situation, you might want to try Claimyr. I was in a similar situation last year with a missing provider TIN, and I spent WEEKS trying to get through to the IRS helpline for guidance. After 23 attempts and hours on hold, I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. Within about 15 minutes of using their service, I was speaking with an actual IRS agent who walked me through exactly what to do with my Form 2441 when the provider wouldn't provide their tax ID. They confirmed I could use "PROVIDER REFUSED" and explained what documentation I needed to keep. Saved me so much time and stress!
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Isabella Tucker
•How does this work exactly? Like, do they just call the IRS for you or something? Seems weird that they could get through when nobody else can.
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Jayden Hill
•This sounds like BS honestly. Nobody can get through to the IRS these days. I've tried calling about a dozen times this month alone and couldn't get a human. How would some random service magically bypass the IRS phone system?
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Emma Swift
•They don't just call for you - they use a specialized system that navigates the IRS phone tree and waits on hold for you. When an actual IRS representative picks up, you get an immediate call connecting you directly to that person. It's your conversation with the IRS, they just handle the painful waiting part. Their system essentially holds your place in line, which can sometimes be hours long. When I used it, I went about my day and then got a call when an agent was available. I've personally had over 30-minute wait times when trying to call myself, so this was a huge timesaver. And yes, it absolutely works - I spoke with a very helpful IRS agent who answered all my dependent care FSA questions in detail.
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Jayden Hill
I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I decided to try it myself since I also had a Form 2441 question about my dependent care FSA. I was SHOCKED when I actually got connected to a real IRS agent in about 40 minutes (while I just went about my day until I got the call). The IRS agent confirmed everything about the "PROVIDER REFUSED" option and gave me detailed instructions for my specific situation. They explained that I needed to document my attempts to get the TIN and keep those records with my tax documents. They also told me exactly what supporting documentation I should keep in case of an audit. Honestly wish I'd known about this service months ago instead of stressing about this!
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LordCommander
I just went through this exact situation last year! My advice: Do NOT put "PROVIDER REFUSED" unless you have ACTUAL DOCUMENTATION showing you tried to get their TIN. The IRS agent I spoke with said people misuse this all the time and it can be a red flag for audit. What I did: sent a certified letter to the daycare's last known address requesting their TIN for tax purposes, and kept the receipt showing it was sent. I also printed out emails I sent trying to get this info. When they never responded, I was able to legitimately use "PROVIDER REFUSED" on my Form 2441 and still got my dependent care credit without issues.
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Brianna Schmidt
•Thanks so much for sharing this! I hadn't thought about sending a certified letter - that's a great idea. Do you know if I need to wait a certain amount of time after sending the letter before filing my taxes with the "PROVIDER REFUSED" option? Tax deadline is coming up and I'm getting nervous.
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LordCommander
•There's no specific waiting period required by the IRS, but I'd recommend allowing at least 2-3 weeks after sending your certified letter before filing with "PROVIDER REFUSED." This shows you gave them reasonable time to respond. If you're getting close to the filing deadline and still haven't received a response, you can always file for an extension to give yourself more time. The important thing is having that paper trail showing you made genuine efforts to obtain the information. Keep copies of everything - the letter you sent, the certified mail receipt, any emails, and notes from phone calls with dates and times. This documentation protects you if questions come up later.
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Lucy Lam
Has anyone had their FSA administrator reject expenses during an audit because the provider didn't have a tax ID? I'm in a similar situation with a small home daycare and worried my company might make me pay back the FSA money if they audit and find out the provider wasn't properly registered.
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Aidan Hudson
•Your FSA administrator generally only cares that you had eligible expenses for dependent care, not whether the provider was properly registered. As long as you have receipts showing you paid for childcare while you were working, that's typically sufficient for FSA purposes. The tax ID requirement is more about IRS reporting.
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Chad Winthrope
I went through almost the exact same situation two years ago with a home daycare that suddenly shut down. What really helped me was keeping a detailed timeline of everything - when I paid, when they closed, when I tried to contact them, etc. One thing I'd add to the great advice already given: check with your state's licensing board for childcare providers. Even if the daycare was operating without proper licensing, they might have records or complaints filed that could help you track down the owner's information. In my case, I found out through the state board that several parents had filed complaints when the daycare closed, and they actually had the owner's SSN on file from a previous licensing attempt. Also, don't stress too much about the FSA side of things. Your FSA administrator approved the reimbursement based on valid receipts for childcare expenses. The fact that the provider may have had licensing issues doesn't retroactively make your childcare expenses ineligible. You legitimately paid for childcare so you could work - that's what matters for FSA purposes. Just make sure to document everything thoroughly and you should be fine on both the FSA and tax filing fronts!
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