Taxability of dependent care assistance programs for 2021, 2022

May 12, 2021

The IRS has issued guidance (Notice 2021-26) on the taxability of dependent care assistance programs for 2021 and 2022, clarifying that amounts attributable to carryovers or an extended period for incurring claims generally are not taxable.

The guidance also illustrates the interaction of this standard with the one-year increase in the exclusion for employer-provided dependent care benefits from $5,000 to $10,500 for the 2021 taxable year under the American Rescue Plan Act.

Carryovers of unused dependent care assistance program amounts generally are not permitted. However, recent pandemic-related legislation allowed employers to amend their plans to permit the carryover of unused dependent care assistance program amounts to plan years ending in 2021 and 2022, or to extend the permissible period for incurring claims to plan years over the same period. Learn more.

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