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Child and Dependent Care Credit and Single Parent Students

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This entry was posted on 3/15/2008 12:32 PM and is filed under uncategorized.

For the Child and Dependent Care Credit, married couples generally need compensation for the credit to be taken. If only one spouse works, the credit in not allowed. There is an exception to this rule if the spouse is a full time student. Being a full time student counts as having compensation for the credit.   2441 instructions

What is unclear is what to do when there is a single parent that is a student? We could conclude that even though the IRS doesn't say that the credit is allowed in the situation, it is.  We might argue that what the IRS writes about married couples, would apply to single parents.

My current position is that an informed client of mine can decide to claim the credit. What I'd like see is more discussion about this issue, and for the IRS to clarify its position.

 

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