DCFSA and second job

[153]

Tl;dr: are DCFSA funds tied to employment/income and the general need for childcare, or to the need for childcarewhile working the job the $$$ is withheld from?


I work a full time job during the week, and a part time job on the weekends.

I’m not eligible to contribute the full amount to my FSA for dependent care because I’m an HCE.

I could contribute fully (or the makeup to get to 5k)  at my second job, but I’m wondering if I’m clear to do that or if it might run afoul of the rules? Because I work weekends, I don’t pay for childcare and have spouse watch my child (he does not have access to fsa at work).

Does it matter that I don’t have a childcare expense for *that* job?

[Proud Foot]

If you are allowed to contribute to the FSA at your second job I don't see why you couldn't do that. I haven't read anywhere that the funds must be used for a need while working that specific job.

[MDM]

I could contribute fully (or the makeup to get to 5k)  at my second job....

A quick glance at About Form 2441: Child and Dependent Care Expenses | Internal Revenue Service and links therein found no reason you could not do this.  You might want to take more than a quick glance, but that should at least be the place to look.

[153]

Thanks. I agree it *shouldn’t* matter in theory, but I could see an overzealous auditor deciding it was not in keeping with the spirit of the rules and I like to play things safe.

[MDM]

Thanks. I agree it *shouldn’t* matter in theory, but I could see an overzealous auditor deciding it was not in keeping with the spirit of the rules and I like to play things safe.

Might be worth considering a couple of Famous Tax Quotes...both from Judge Learned Hand:

#4  Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one's taxes.

#5  Over and over again courts have said that there is nothing sinister in so arranging one's affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.

The choice is of course up to you.