Working Moms

Can you say BS - work benefit vent....WWYD?

A lawyer friend at my job told me how her MIL watches her DS, and she uses 2 company benefits in order to pay her MIL. ?One benefit is the pre-tax up to 5K to pay for childcare. She uses this benefit to pay her MIL -- along with the 2nd benefit consisting of childcare subsidy (the co. will pay 50% for daycare up to 800$ a month). ?Anyway - she told me the government pre-tax benefit states that the provider does not need a license -- so she told HR there is no reason the company subsidy one should require that the provider have one. ?

So, she's go a great deal...and has been paying her mom using these 2 ?benefits. ?Long story short -- I emailed HR saying that I was going to do the same thing (my MIL is going to watch DS when I go back to work on the 16th), and they said I can't use either benefit unless she is licensed (they don't know that I know about the set up my lawyer co-worker has...). ?Isn't this BS?? I can't throw my friend under the bus, but why does one person at work get to use the benefits this way, and I can't??? ?WWYD?

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Re: Can you say BS - work benefit vent....WWYD?

  • I would think you need to have a Tax ID to get paid. Sounds pretty scammy to me.
  • on my pre-tax form, it asks for the daycare lic #, so this seems odd.  how nice that your company pays part of your daycare - I've never heard of that!
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  • That does suck.  My pre-tax form only asks for a bill signed by the caregiver/director, doesn't ask for tax id.  I'd tell your friend what you found out and ask her how she was able to get around it.
  • I don't think licensing should matter.  What if you were paying a nanny?  A nanny is not licensed, but totallyl deductable as long as you are paying taxes.  And, I would guess that they might require a license to cover their a$$es about taxes.  But, I think that if you can prove you are paying payroll taxes and your MIL is claiming that as income, you should be ok.

  • You do not need a licensed provider to for the 5k account, all you need is a social security number for the person... You can google the federal requirements and show them to your HR department.
  • We receive a childcare grant from DH's school, but it can only be used at a licensed daycare.  My guess is the reason they do that is because you have the choice to use a licensed daycare, and if you choose not to, they will not help cover your expenses. 

    Every form I had to fill out requires a licensing ID number.  

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  • In order to use your FSA money (the pre-tax 5K), the provider does not have to be licensed.  But they do have to claim their income from you on their taxes.  Your company is wrong about that.

    As far as the other money that the company pays, I don't know what to tell you.  They can make their own rules I guess, but obviously what they're saying is unfair.  Sorry :(

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  • I don't believe they have to be licensed, but you do have to give their SS# or tax ID in order to pay them. I think it even says something in my Dependent Care info about it being okay to use a family member. As far as the subsidy, that's a co. policy, so that could require licensing.
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  • I am not sure how it works by you, but here, the daycare provider can NOT be a family member.

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