FSA eligibility

dglange · Post by **dglange** » Fri Dec 16, 2005 11:57 am

I'm in the US on an H-1 (I'm Canadian). My wife is with me as a dependent. She is not allowed to work on her H-4. Can I claim daycare for dependents in a Flexible Spending Account even though my wife is at home? Normally this would not be allowed but since she is legally prohibited from working, I'm wondering if there is an exception? Thanks, Dirk

DL

nelsona · Post by **nelsona** » Fri Dec 16, 2005 3:40 pm

No, there is no exception for your situation, a Dependent Care FSA will not work for you.

She could become a full-time student, but volunteering does not qualify

<i>nelsona non grata... and non pro</i>

dglange · Post by **dglange** » Fri Dec 16, 2005 4:30 pm

Thanks so much!

DL

nelsona · Post by **nelsona** » Fri Dec 16, 2005 4:50 pm

The rationale of course, (lawmakers', not mine) is that a stay-at-home parent doesn't absolutely need daycare, so why should it be deductible.

<i>nelsona non grata... and non pro</i>