< Back to IRS

Noah Lee

How to handle employer child care benefits counted as imputed income? Tax implications explained

My husband and I work for different companies but both offer 20 days of backup childcare through our benefits packages. Here's the weird thing - my company is counting the benefit as imputed income (adding it to my W-2 and taxing me for it), but my husband's company doesn't tax him at all when he uses their backup care benefit. I've been researching this and found Title 26 section 129 which specifically says that up to $5,000 of dependent care benefits should be excluded from gross income. From what I can tell, these Bright Horizons Backup Care benefits we're using should absolutely qualify for this exclusion. Since we're already paying taxes on my company's portion of the backup care (through the imputed income on my W-2), I'm wondering if we could actually claim these expenses on Form 2441 and get the child care tax credit? Seems like we shouldn't be taxed on it in the first place, but if we are, maybe we can at least get the credit? Has anyone dealt with this before? I'm trying to understand if my company is handling this incorrectly or if there's something I'm missing about the tax code.

You've stumbled onto a common discrepancy in how different employers handle these benefits. The key is understanding what's happening behind the scenes. When your husband's employer provides backup care, they're likely paying for it directly and considering it a qualified dependent care benefit under Section 129. That's why it's not showing up as imputed income. Your employer, however, is treating the benefit differently. They're adding the value to your taxable wages because they may not have structured it as a qualified Section 129 benefit. Here's the good news - yes, if you're paying taxes on this benefit as imputed income, you absolutely can include those amounts when calculating your Child and Dependent Care Credit on Form 2441. This is because you've effectively "paid" for the care through the additional taxes you're paying on that imputed income. Make sure you get documentation from your employer showing the exact amount that was imputed to your income for this benefit. You'll need that for your records when claiming the expenses.

0 coins

Wait, so if the benefit is taxed as imputed income, does that mean the full value of the benefit can be claimed on Form 2441? Like if each day of backup care is worth $200, and the employer pays $180 of that while the employee pays $20, can the full $200 be claimed or just the $180 that was added as imputed income?

0 coins

You would claim the amount that was actually imputed to your income. So in your example, if $180 is being added to your taxable wages as imputed income, that's the amount you can claim on Form 2441. Remember that Form 2441 has a maximum benefit limit ($3,000 for one qualifying person or $6,000 for two or more qualifying persons), and the credit percentage depends on your adjusted gross income. So while you can include these imputed income amounts, you'll still be subject to the normal limits of the Child and Dependent Care Credit.

0 coins

I had the exact same issue last year with my Bright Horizons backup care benefit. I found that using https://taxr.ai really helped me sort through this complicated situation. After spending hours trying to figure out if I was being taxed correctly, I uploaded my pay stubs and benefit documentation to the site. The AI analysis tool identified exactly how my employer was handling the benefit and confirmed that I could indeed claim the imputed income amounts on Form 2441. It even pointed out that my employer was incorrectly treating the benefit as taxable when it should have been excluded under Section 129! I printed the analysis and took it to HR, who fixed it for the next tax year. The tool also explained how to properly document everything for my tax return and gave me specific line-by-line instructions for Form 2441. Definitely saved me from making mistakes that could have triggered an audit.

0 coins

How does this work exactly? Does taxr.ai just look at your documents or does it actually tell you what to do differently? I'm in a similar situation but with a dependent care FSA and I'm not sure if I'm handling it correctly.

0 coins

I'm skeptical about giving my tax docs to some random website. How secure is it? And do they guarantee their advice is correct? The last thing I need is an audit because I followed bad advice.

0 coins

The tool analyzes your documents and gives you specific guidance based on your situation. For dependent care FSAs, it would examine your FSA documentation and show you exactly how to coordinate that with any other childcare benefits or credits you might be eligible for. It's really good at spotting things like double-dipping or missed opportunities. Regarding security, I had the same concern initially. They use bank-level encryption and don't store your documents after analysis. As for accuracy, they provide detailed citations to IRS publications and tax code sections that support their analysis, which gave me confidence in their recommendations. They were right about my situation - when I showed the analysis to my company's benefits coordinator, they acknowledged they were handling the benefit incorrectly.

0 coins

Just wanted to follow up about my experience with taxr.ai that I asked about earlier. I finally tried it with my dependent care FSA and backup care documents, and wow - it was eye-opening! The tool showed me that I was actually eligible to claim BOTH the FSA exclusion AND part of the dependent care credit because my childcare expenses exceeded my FSA contributions. What I didn't realize was that the backup care benefit my employer provides (similar to the original poster's situation) could be partially claimed even though I was already using a dependent care FSA. The tool showed me exactly how to fill out Form 2441 to properly account for both benefits without double-dipping. This saved me nearly $800 on my taxes that I would have completely missed! The documentation explanation was super clear and made me feel confident about my filing. Definitely recommend for anyone dealing with multiple childcare benefits.

0 coins

I had this exact same problem last year with my employer's backup care program. After calling the IRS seven times and waiting on hold for hours each time, I finally gave up and tried https://claimyr.com to get through to an actual IRS agent. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was connected to an IRS representative within 45 minutes (after trying for literally weeks on my own). The agent confirmed that if my employer is adding the value of backup care as imputed income on my W-2, I absolutely can claim it on Form 2441 for the Child and Dependent Care Credit. The agent also explained that technically, my employer shouldn't be counting this as imputed income in the first place since it falls under the Section 129 exclusion (up to the $5,000 limit). She suggested I bring this up with my HR department and have them correct it.

0 coins

How does Claimyr actually work? I'm confused about why I would pay someone else to call the IRS for me when I could just call them myself?

0 coins

Yeah right. There's no way to get through to the IRS that easily. I've been trying for months about my missing refund. This sounds like a scam to me. Why would this work when calling directly doesn't?

0 coins

They don't call the IRS for you - they hold your place in line. Their system navigates the IRS phone tree and waits on hold, then when an agent picks up, you get an immediate call to connect with that agent. You're the one who actually talks to the IRS, but without the hours of waiting on hold. It works because they have an automated system that can stay on hold indefinitely, unlike a human who needs to eat, sleep, or go to work. You just go about your day and when their system gets through, you get the call. It's basically just solving the hold time problem, which is why the IRS is so hard to reach in the first place.

0 coins

I was totally wrong about Claimyr! After my skeptical comment, I decided to try it as a last resort for my backup care tax question that I couldn't get answered. I was seriously shocked when I got a call back in just under an hour saying they had an IRS agent on the line. The agent was actually super helpful and confirmed what others here have said - the backup care benefit shouldn't be taxed as imputed income in the first place if it falls under Section 129. But since my company is doing it anyway, I can claim it on Form 2441 for the Child and Dependent Care Credit. She even emailed me the relevant IRS publication sections to show my HR department to get it fixed for next year. Just having an actual IRS agent explain it directly was worth it. I've spent months trying to get through on my own with no luck. Definitely not a scam - I'm kinda embarrassed I said that now.

0 coins

Anyone know if there's a limit to how much of the backup care benefit can be excluded from income? My company provides 30 days and values it at $250/day, so that's way more than the $5000 mentioned in Section 129.

0 coins

Yes, there's definitely a limit. Section 129 caps the exclusion at $5,000 per year for married filing jointly ($2,500 if married filing separately). Any dependent care benefits above that amount would be taxable as imputed income. So in your situation, if your company provides benefits valued at $250/day for 30 days ($7,500 total), the first $5,000 should be excluded from your income, but the remaining $2,500 would be taxable. And yes, you could potentially claim that taxable portion on Form 2441 for the Child and Dependent Care Credit, though you'll need to work through the form carefully to make sure you're not "double-dipping" on benefits.

0 coins

Thanks for the clear explanation! That makes sense. So theoretically my employer should only be adding $2,500 of imputed income to my W-2 (the amount over the $5,000 exclusion), not the full $7,500 value of the benefit. I'll check my pay stubs to see how they're handling it.

0 coins

Has anyone actually gotten HR to fix this imputed income issue? I'm in the same boat and not sure how to approach my benefits department without sounding like I'm accusing them of making a mistake.

0 coins

I did! I printed out the relevant parts of IRS Publication 503 and also the actual Internal Revenue Code Section 129 text. I scheduled a meeting with our benefits manager and approached it as "I'm trying to understand this tax situation" rather than "you're doing it wrong." I showed how the backup care benefit appears to meet the definition of a qualifying dependent care benefit under Section 129, which means it should be excluded from income up to the $5,000 annual limit. I asked if there was something I was missing about how the benefit is structured. They actually appreciated the information and consulted with their tax team. Turned out they were incorrectly classifying the benefit. They fixed it the next quarter and even issued a corrected W-2 for me.

0 coins

This is such a frustrating situation that affects so many working parents! I went through something similar with my employer's dependent care assistance program last year. One thing that really helped me was requesting a written explanation from HR about how they classify the backup care benefit. Sometimes companies aren't intentionally mishandling it - they may have received conflicting guidance from their payroll provider or benefits administrator about whether the benefit qualifies under Section 129. When you approach HR, I'd suggest asking them to walk you through their reasoning for treating it as imputed income. Specifically ask if they've confirmed that the backup care provider meets the requirements for a qualifying dependent care provider under IRC Section 129(e). Sometimes the issue is that the company hasn't properly structured the benefit arrangement to qualify for the exclusion. Also worth noting - if you end up keeping the imputed income treatment for this year, make sure you save all documentation showing the amounts added to your W-2. You'll need those exact figures when claiming the expenses on Form 2441. The good news is that even if your employer is handling it incorrectly, you're not stuck paying extra taxes without any recourse - the Child and Dependent Care Credit can help offset some of that burden.

0 coins

This is really helpful advice! I'm dealing with a similar situation and hadn't thought about asking HR for their written reasoning. That's a much better approach than just showing up with printouts of tax code sections. The point about the backup care provider needing to meet Section 129(e) requirements is interesting - I wonder if that's where some of these issues stem from. Maybe some companies are being overly cautious and treating everything as taxable income rather than risk getting it wrong with the IRS. Has anyone here actually had success getting a corrected W-2 issued mid-year, or do most companies wait until the following tax year to fix these issues? I'm trying to decide if it's worth pushing for an immediate correction or just planning to handle it properly on my tax return.

0 coins

I've been following this thread closely since I'm dealing with the exact same issue! My employer has been treating our Bright Horizons backup care as fully taxable income, which seemed wrong to me based on everything I'd read about Section 129. After reading through all these responses, I decided to take a two-pronged approach: I'm going to work with HR to get this fixed for future years, but also make sure I'm handling this year's taxes correctly. For anyone still confused about the Form 2441 piece - the key thing to remember is that you can only claim expenses that you actually "paid" for tax purposes. If your employer added backup care benefits as imputed income to your W-2, then you effectively "paid" for that care through the additional taxes you're paying on that imputed income. That's why you can claim those amounts on Form 2441. The tricky part is making sure you don't accidentally double-dip if you're also using a dependent care FSA or if your spouse's employer handles their backup care differently. The instructions for Form 2441 walk through how to coordinate multiple benefits, but it can get complicated quickly. One more tip - if you're going to approach HR about this, consider asking them to check with their benefits administrator (like Bright Horizons) about proper tax treatment. Sometimes the issue is that the company is getting conflicting guidance about how to handle these newer backup care programs under existing tax law.

0 coins

This is exactly the comprehensive approach I wish I had taken from the beginning! You're absolutely right about the two-pronged strategy - fixing it going forward while handling this year correctly. Your point about checking with the benefits administrator is spot on. I actually called Bright Horizons directly about this issue and they confirmed that their backup care services are designed to qualify as dependent care assistance under Section 129. They even sent me documentation showing how they structure their employer partnerships to meet the tax code requirements. The problem seems to be that some payroll departments default to treating any "non-cash" benefit as taxable income unless they're specifically told otherwise. It's like they'd rather be overly conservative and tax everything than risk missing something the IRS might question later. For anyone following this thread - definitely save that documentation from your benefits provider! When I showed my HR team the letter from Bright Horizons explaining how their program is designed to qualify under Section 129, it really helped move the conversation forward. Having the actual service provider confirm the tax treatment carries a lot more weight than just showing up with printouts of tax code. One question for you - are you planning to wait until year-end to see if HR makes the correction, or are you going to file assuming the imputed income treatment and claim it on Form 2441 regardless?

0 coins

This thread has been incredibly helpful! I'm dealing with a similar situation where my employer is taxing backup childcare benefits that should qualify under Section 129. One thing I wanted to add that might help others - when documenting your case for HR, it's worth getting familiar with IRS Publication 15-B (Employer's Tax Guide to Fringe Benefits). Section 3 specifically covers dependent care assistance and explains exactly what qualifies for the exclusion. Sometimes HR teams respond better to official IRS guidance for employers rather than individual taxpayer publications. Also, for those wondering about timing - I spoke with a tax professional who confirmed that even if your employer fixes the classification mid-year, you'll still need to handle this year's taxes based on what actually appears on your W-2. So if they've already added imputed income for the first part of the year, you can claim those amounts on Form 2441 even if they stop adding imputed income for the rest of the year. The key is keeping detailed records of exactly when and how much was added as imputed income versus any periods where it was properly excluded. This documentation will be crucial for accurately completing Form 2441 and avoiding any issues if the IRS has questions about your return. Has anyone here dealt with a situation where the employer partially fixed it mid-year? I'm curious how complicated that makes the tax filing process.

0 coins

Thanks for bringing up IRS Publication 15-B - that's such a valuable resource that I hadn't thought to reference! You're absolutely right that HR departments often respond better to employer-focused guidance rather than individual taxpayer publications. I actually did deal with a mid-year correction situation with my previous employer. What happened was they had been adding imputed income for the first 6 months of the year, then stopped once they realized their mistake. Come tax time, my W-2 showed imputed income for only part of the year's backup care usage. For Form 2441, I could only claim the expenses that corresponded to the imputed income amounts (the first 6 months), not the full year's worth of backup care. It wasn't too complicated to track since I kept records of each time I used the benefit and could match it up with my pay stubs showing when imputed income was added versus when it wasn't. The important thing is to save every pay stub and any correspondence with HR about the change. The IRS wants to see that you're only claiming expenses you actually "paid" for through taxation, not benefits that were properly excluded from income. Documentation is key if they ever question your return!

0 coins

This thread has been so helpful for understanding this complex situation! I'm currently dealing with the same issue where my employer treats Bright Horizons backup care as fully taxable imputed income. After reading through everyone's experiences, I have a specific question about coordination with dependent care FSAs. My company offers both the backup care benefit AND a dependent care FSA. I contribute the maximum $5,000 to the FSA, but I also use backup care throughout the year (which gets added as imputed income to my W-2). My understanding is that I can use FSA funds to reimburse myself for regular daycare expenses, but the backup care expenses that show up as imputed income on my W-2 can be claimed separately on Form 2441 since I'm effectively "paying" for them through additional taxes. Is this correct? I want to make sure I'm not accidentally double-dipping or missing out on available tax benefits. The interaction between FSAs, imputed income from backup care, and the Child and Dependent Care Credit seems really complex, and I haven't found clear guidance on how to handle all three together. Has anyone here successfully navigated this specific combination of benefits? I'd really appreciate any insights on the proper way to coordinate these on my tax return.

0 coins

You're absolutely right about being able to coordinate these benefits! This is actually a pretty common situation for parents who have access to multiple childcare benefit options. Your understanding is correct - you can use your $5,000 FSA for regular daycare expenses while separately claiming the backup care imputed income amounts on Form 2441. The key is that these are treated as different types of expenses for tax purposes: FSA funds reimburse you for out-of-pocket daycare costs, while the imputed income represents childcare benefits you've already been "taxed" on. When you fill out Form 2441, you'll need to be careful with the calculations. The form will ask for your total qualifying expenses, then reduce that by any amounts that were excluded from income (like FSA contributions). But the backup care amounts that were added as imputed income to your W-2 don't get subtracted - they actually count toward your qualifying expenses since you paid taxes on them. Just make sure to keep detailed records showing which expenses were reimbursed through your FSA versus which ones corresponded to the imputed income on your W-2. The IRS wants to see that you're not claiming the same childcare expense twice through different tax benefits. This coordination can actually work out really well financially - you get the FSA exclusion for regular care plus potential credits for the backup care you were unfairly taxed on!

0 coins

This entire thread has been incredibly enlightening! I'm dealing with a very similar situation where my employer is taxing our backup childcare benefits as imputed income, and I had no idea this was potentially incorrect under Section 129. What really stands out to me from reading everyone's experiences is how inconsistent employers are in handling these benefits. It seems like some companies get it right, others are overly cautious and tax everything, and many are just confused about how newer backup care programs should be classified under existing tax law. I'm definitely going to take the advice about approaching HR with IRS Publication 15-B and asking for their written rationale. The suggestion to frame it as "help me understand" rather than "you're wrong" is spot on - nobody wants to be put on the defensive right away. For this tax year, I'm planning to claim the imputed income amounts on Form 2441 since I'm effectively paying for that care through additional taxes. But I'm also going to work on getting this fixed for future years. It's frustrating that we have to become tax experts just to make sure we're not overpaying on benefits that should be helping working families! One thing I'm curious about - has anyone successfully gotten a refund for prior years if their employer was incorrectly taxing these benefits? Or is it generally only worth pursuing corrections going forward?

0 coins

Great question about prior year refunds! I actually looked into this after discovering my employer had been incorrectly taxing backup care benefits for three years. You can potentially get refunds for prior years, but it requires filing amended returns (Form 1040X) and the process can be lengthy. The key is proving that your employer incorrectly classified the benefits as taxable income when they should have been excluded under Section 129. I ended up filing amended returns for the two prior years where I had documentation. The IRS accepted them, but it took about 8 months to get my refunds processed. You'll need really detailed records showing the backup care usage, the amounts that were added as imputed income, and ideally some documentation from your benefits provider confirming the services should qualify under Section 129. Whether it's worth it depends on how much money is involved. In my case, between the overpaid income taxes and the Child and Dependent Care Credits I missed out on, it was about $2,400 total over two years - definitely worth the paperwork hassle. Just be aware that amending returns can sometimes trigger additional scrutiny, so make sure your documentation is rock solid before going that route. For smaller amounts, it might be easier to just focus on getting it fixed going forward.

0 coins

This is such a valuable discussion! I'm currently facing this exact situation with my employer's backup care program through Care.com at Work, and reading through everyone's experiences has been incredibly helpful. What strikes me most is how this seems to be a widespread issue affecting working parents across different companies and backup care providers. It's clear that many employers are either unaware of the Section 129 exclusion rules or are being overly conservative in their tax treatment of these benefits. I wanted to share that I just finished reviewing my pay stubs for the year, and my employer has been adding the full value of backup care as imputed income - about $3,200 so far this year. Based on everything discussed here, it sounds like I should definitely be able to claim this amount on Form 2441 for the Child and Dependent Care Credit since I'm effectively "paying" for this care through additional taxes. I'm also planning to approach our HR team using the strategies mentioned here - bringing IRS Publication 15-B, asking for their written rationale, and framing it as trying to understand rather than accusing them of mistakes. It seems like the key is having solid documentation and approaching it professionally. One additional resource I discovered while researching this: the IRS has a specific FAQ section on their website about employer-provided dependent care assistance that might be helpful for others dealing with similar situations. It's under "Frequently Asked Questions about Dependent Care Assistance Programs" and provides clear examples of what qualifies for the Section 129 exclusion. Thanks to everyone who shared their experiences and solutions - this community support makes navigating these complex tax situations so much more manageable!

0 coins

Thank you so much for sharing that additional IRS resource! I just looked up the "Frequently Asked Questions about Dependent Care Assistance Programs" section and it really does provide some clear examples that support what everyone has been discussing here. What's particularly helpful is that the FAQ specifically addresses backup care scenarios and confirms that these services can qualify for the Section 129 exclusion as long as they meet the basic requirements for dependent care assistance. This gives me a lot more confidence in approaching my HR department about our similar situation. I'm curious - when you calculated the $3,200 in imputed income, was that based on the full value of the backup care services, or did your employer already account for the $5,000 annual exclusion limit? It might be worth double-checking to make sure they're not over-taxing the benefit if you haven't used the full exclusion amount yet. Your point about this being a widespread issue really resonates with me. It seems like there's a gap between the tax law (which clearly allows for these exclusions) and how many payroll departments actually implement the benefits. Hopefully as more working parents become aware of these rules and advocate with their employers, we'll see more companies get this right from the start.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today