momof3 Posted November 18, 2009 Report Share Posted November 18, 2009 Gay couple...married for Mass tax return. HOH(A) and Single (X) for Federal. Both individuals work. Two kids 5 and 1. Can they each contribute $5K pre tax to their dependent care plan?(assume both make enough money, expenses are incurred) Can (A) take 1 kid and (X) take other kid as dependent (both children were adopted by (X) ; (A) is biological mother) and have 10K pretax to spend on daycare? Comments or am I totally missing something? thanks Quote Link to comment Share on other sites More sharing options...
kcjenkins Posted November 18, 2009 Report Share Posted November 18, 2009 Sounds like it would work, since both are legally parents of both children. Just another strange result of our confused and complex marital and dependency tax laws. Quote Link to comment Share on other sites More sharing options...
imjulier Posted November 18, 2009 Report Share Posted November 18, 2009 Not that KC is not THE guru, but I agree, it should work. Yipee, a tax break for not being allowed to marry. Quote Link to comment Share on other sites More sharing options...
Maura Posted November 18, 2009 Report Share Posted November 18, 2009 It will affect the MA return. Quote Link to comment Share on other sites More sharing options...
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