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The Dependent Care FSA allows you to pay for qualifying dependent care expenses with tax-free dollars for eligible reimbursable dependent care expenses Qualifying dependent care expenses are those expenses that you incur in order for you and your spouse to work or look for work during your period of coverage.

Dependent care expenses are limited to:

• Care for dependent children under age 13, who have the same principal place of abode as you and who do not provide over half of their own support, or
• A spouse or a dependent who is physically or mentally incapable of caring for himself or herself, for whom the Participant provides over one-half of the individual's support for year, and whose gross income is less than the federal tax exemption amount (currently $3,200).

Note:
There is a special rule for children of divorced parents. Dependent care expenses are limited to those of the parent with whom the child resides with the longest during the year.

You’ll need to get the taxpayer identification number from the facility providing care for your dependent. If an individual provides care for your dependent, a Social Security number is acceptable. The individual must report the income in order for you to get the tax advantage of using the dependent care reimbursement account.

Ineligible dependent care expenses include:
-- Expenses claimed as deductions or credits on your federal income tax return
-- Expenses for food, clothes, or transportation
-- Expenses for the education of a dependent in the first or higher grade level
-- Expenses for the care of your physically or mentally incapacitated spouse or dependent who doesn’t spend at least 8 hours each day in your home
-- Expenses for care provided by a family member if that person is claimed as a dependent on your income tax form or under age 19

You may choose any annual Dependent Care Reimbursement amount you desire, subject to the following minimum annual amounts:

Payroll Schedule
Annual Minimum
Minimum Per Pay Period
12-Month
$240
$10.00
10-Month
$240
$12.00

The annual maximum amount cannot exceed the maximum Dependent Care Reimbursement amount specified in Section 129 of the Internal Revenue Code. The maximum annual amount is currently $5,000 per Plan Year if you - (a) are married and file a joint return; (b) are married but your spouse maintains a separate residence for the last 6 months of the calendar year, you file a separate tax return, and you furnish more than one-half the cost of maintaining those Dependents for whom you are eligible to receive tax-free reimbursements under the Dependent Care FSA; or (c) are single.

If you are married and reside together, but file a separate federal income tax return, the maximum Dependent Care Reimbursement that you may elect is $2,500. In addition, the amount of reimbursement that you receive cannot exceed the lesser of the earned income (as defined in Code Section 32) of you or your spouse. For purposes of (a) above, your spouse will be deemed to have Earned Income of $250 ($500 if you have two or more Qualifying Individuals), for each month in which your spouse is (i) physically or mentally incapable of caring for himself or herself, or (ii) a full-time student (as defined by Code Section 21).

Eligible dependent care expenses must be incurred during the Plan Year and while you are a participant. You may not be reimbursed for any expenses arising before the Dependent Care FSA becomes effective or for any expenses incurred after the close of the Plan Year or after a separation from employment.

If you do not incur an amount of eligible dependent care expenses that match the pre-tax dollars set aside and allocated to your account, the allocated amount is forfeited.


Example of Tax Savings with Flexible Spending Accounts (FSA):

 
Without FSA
With FSA
Gross Monthly Pay
$2,500
$2,500
Pre-Tax Health Care FSA
-0-
$50
Pre-Tax Dependent Care FSA
-0
$60
Taxable Income
$2,500
$2,390
Withholdings @22.65% (Income Tax & FICA)
($566)
($541)
After-Tax Health Care Expenses
($50)
-0-
After-Tax Dependent Care Expenses
($60)
-0-
Net Annual Salary
$1,823
$1,849
Monthly Savings of $26