Free 2008 Instruction 2441 - Federal

2008
Instructions for Form 2441
Child and Dependent Care Expenses Purpose of Form
If you paid someone to care for your child or other qualifying person so you (and your spouse if filing jointly) could work or look for work in 2008, you may be able to take the credit for child and dependent care expenses. You (and your spouse if filing jointly) must have earned income to take the credit. But see Spouse Who Was a Student or Disabled on page 3. If you can take the credit, use Form 2441 to figure the amount of your credit. If you (or your spouse if filing jointly) received any dependent care benefits for 2008, you must use Form 2441 to figure the amount, if any, of the benefits you may exclude from your income on Form 1040, line 7, or Form 1040NR, line 8. You must complete Part III of Form 2441 before you can figure the credit, if any, in Part II. Additional information. See Pub. 503, Child and Dependent Care Expenses, for more details. part of the year he or she was under age 13. · Your disabled spouse who is not physically or mentally able to care for himself or herself. · Any disabled person who is not physically or mentally able to care for himself or herself whom you can claim as a dependent (or could claim as a dependent except that the person had gross income of $3,500 or more or filed a joint return.) · Any disabled person who is not physically or mentally able to care for himself or herself whom you could claim as a dependent except that you (or your spouse if filing jointly), could be claimed as a dependent on another taxpayer's 2008 return. If you are divorced or separated, see Special rule for children of divorced or separated parents below. To find out who is a qualifying child and who is a dependent, see Pub. 501, Exemptions, Standard Deduction, and Filing Information.

Department of the Treasury Internal Revenue Service

looked for work. Child support payments are not qualified expenses. Also, expenses reimbursed by a state social service agency are not qualified expenses unless you included the reimbursement in your income. Generally, if you worked or actively looked for work during only part of the period in which you incurred the expenses, you must figure your expenses for each day. However, there are special rules for temporary absences or part-time work. See Pub. 503 for more details.

Household Services
These are services needed to care for the qualifying person as well as to run the home. They include, for example, the services of a cook, maid, babysitter, housekeeper, or cleaning person if the services were partly for the care of the qualifying person. Do not include services of a chauffeur or gardener. You can also include your share of the employment taxes paid on wages for qualifying child and dependent care services.

Definitions
Dependent Care Benefits
directly to either you or your care provider for the care of your qualifying person(s) while you worked, · The fair market value of care in a daycare facility provided or sponsored by your employer, and · Pre-tax contributions you made under a dependent care flexible spending arrangement (FSA). Your salary may have been reduced to pay for these benefits. If you received dependent care benefits as an employee, they should be shown in box 10 of your 2008 Form(s) W-2. Benefits you received as a partner should be shown in box 13 of your Schedule K-1 (Form 1065) with code O.

CAUTION

!

To be a qualifying person, the person must have lived with you for more than half of

2008. Special rules may apply for TIP people who had to relocate because of the Midwestern storms, tornadoes, or flooding. For details, see Pub. 4492-B. Special rule for children of divorced or separated parents. Even if you cannot claim your child as a dependent, he or she is treated as your qualifying person if: · The child was under age 13 or was physically or mentally not able to care for himself or herself, and · You were the child's custodial parent (the parent with whom the child lived for the greater part of 2008). The noncustodial parent cannot treat the child as a qualifying person even if that parent is entitled to claim the child as a dependent under the special rules for a child of divorced or separated parents.

Care of the Qualifying Person
Care includes the cost of services for the qualifying person's well-being and protection. It does not include the cost of clothing or entertainment. You can include the cost of care provided outside your home for your dependent under age 13 or any other qualifying person who regularly spends at least 8 hours a day in your home. If the care was provided by a dependent care center, the center must meet all applicable state and local regulations. A dependent care center is a place that provides care for more than six persons (other than persons who live there) and receives a fee, payment, or grant for providing services for any of those persons, even if the center is not run for profit. You can include amounts paid for items other than the care of your child (such as food and schooling) only if the items are incidental to the care of the child and cannot be separated from the total cost. But do not include the cost of schooling for a child in kindergarten or above. You can

· Amounts your employer paid

Dependent care benefits include:

Qualifying Person(s)
A qualifying person is: · A qualifying child under age 13 whom you can claim as a dependent. If the child turned 13 during the year, the child is a qualifying person for the

Qualified Expenses
These include amounts paid for household services and care of the qualifying person while you worked or
Cat. No. 10842K

include the cost of a day camp, even if it specializes in a particular activity, such as soccer. But do not include any expenses for sending your child to an overnight camp, summer school, or a tutoring program.

Medical Expenses
Some disabled spouse and dependent care expenses may qualify as medical expenses if you itemize deductions on Schedule A (Form 1040). However, you cannot claim the same expense as both a dependent care expense and a medical expense. See Pub. 502, Medical and Dental Expenses, and Pub. 503 for details.

home more than half of 2008, and · You provided over half the cost of keeping up your home. If you meet all the requirements to be treated as unmarried and meet items 2 through 5 listed earlier, you can take the credit or the exclusion. If you do not meet all the requirements to be treated as unmarried, you cannot take the credit. However, you can take the exclusion if you meet items 2 through 5.

· The qualifying person lived in your

give information on the third party in columns (a) through (d).

Column (c)
If the care provider is an individual, enter his or her social security number (SSN). Otherwise, enter the provider's employer identification number (EIN). If the provider is a tax-exempt organization, enter "Tax-Exempt" in column (c). U.S. citizens and resident aliens living abroad. If you are living abroad, your care provider may not have, and may not be required to get, a U.S. taxpayer identification number (for example, an SSN or EIN). If so, enter "LAFCP" (Living Abroad Foreign Care Provider) in the space for the care provider's taxpayer identification number.

Line Instructions
Line 1
Complete columns (a) through (d) for each person or organization that provided the care. You can use Form W-10, Dependent Care Provider's Identification and Certification, or any other source listed in its instructions to get the information from the care provider. If you do not give correct or complete information, your credit (and exclusion, if applicable) may be disallowed unless you can show you used due diligence in trying to get the required information. If you have more than two care providers, attach a statement to your return with the required information. Be sure to put your name and social security number (SSN) on the statement. Also, enter "See Attached" right above the Caution under line 1.

Who Can Take the Credit or Exclude Dependent Care Benefits?
You can take the credit or the exclusion if all five of the following apply. 1. Your filing status is single, head of household, qualifying widow(er) with dependent child, or married filing jointly. But see Married Persons Filing Separately on this page. 2. The care was provided so you (and your spouse if filing jointly) could work or look for work. However, if you did not find a job and have no earned income for the year, you cannot take the credit or the exclusion. But if your spouse was a student or disabled, see the instructions for line 5. Note. Child support payments received by you are not included in your gross income and are not considered as earned income for figuring this credit. 3. The care must be for one or more qualifying persons. 4. The person who provided the care was not your spouse, the parent of your qualifying child, or a person whom you can claim as a dependent. If your child provided the care, he or she must have been age 19 or older by the end of 2008, and he or she cannot be your dependent. 5. You report the required information about the care provider on line 1 and, if taking the credit, the information about the qualifying person on line 2.

Column (d)
Enter the total amount you actually paid in 2008 to the care provider. Also, include amounts your employer paid to a third party on your behalf. It does not matter when the expenses were incurred. Do not reduce this amount by any reimbursement you received.

Line 2
Complete columns (a) through (c) for each qualifying person. If you have more than two qualifying persons, attach a statement to your return with the required information. Be sure to put your name and social security number (SSN) on the statement. Also, enter "See Attached" on the dotted line next to line 3.

Due Diligence
You can show a serious and earnest effort (due diligence) to get the information by keeping in your records a Form W-10 completed by the care provider. Or you may keep one of the other sources of information listed in the instructions for Form W-10. If the provider does not give you the information, complete the entries you can on line 1. For example, enter the provider's name and address. Enter "See Attached Statement" in the columns for which you do not have the information. Then, attach a statement to your return explaining that the provider did not give you the information you requested.

Column (b)
You must enter the qualifying person's SSN. Be sure the name and SSN entered agree with the person's social security card. Otherwise, at the time we process your return, we may reduce or disallow your credit. If the child was born and died in 2008 and did not have an SSN, enter "Died" in column (b) and attach a copy of the child's birth certificate, death certificate, or hospital medical records. To find out how to get an SSN, see Social Security Number (SSN) on page 14 of the Form 1040 instructions or Identifying number in the Form 1040NR instructions. If the name or SSN on the person's social security card is not correct, call the Social Security Administration at 1-800-772-1213.

Columns (a) and (b)
Enter the care provider's name and address. If you were covered by your employer's dependent care plan and your employer furnished the care (either at your workplace or by hiring a care provider), enter your employer's name in column (a). Next, enter "See W-2" in column (b). Then, leave columns (c) and (d) blank. But if your employer paid a third party (not hired by your employer) on your behalf to provide the care, you must -2-

Married Persons Filing Separately
If your filing status is married filing separately and all of the following apply, you are considered unmarried for purposes of figuring the credit and the exclusion on Form 2441. · You lived apart from your spouse during the last 6 months of 2008,

Column (c)
Enter the qualified expenses you incurred and paid in 2008 for the person listed in column (a). Prepaid expenses are treated as paid in the

year the care is provided. Do not include in column (c) qualified expenses: · You incurred in 2008 but did not pay until 2009. You may be able to use these expenses to increase your 2009 credit. · You incurred in 2007 but did not pay until 2008. Instead, see the instructions for line 9 on this page. · You prepaid in 2008 for care to be provided in 2009. These expenses can only be used to figure your 2009 credit. If you paid qualified expenses TIP for the care of two or more qualifying persons, the $6,000 limit does not need to be divided equally. For example, if you paid and incurred $2,500 of qualified expenses for the care of one qualifying person and $3,500 for the care of another qualifying person, you can use the total, $6,000, to figure the credit.

line 27, from the total of the amounts shown on Schedule SE, Section B, lines 3, 4b, and 5a. 3. If you are filing Schedule C or C-EZ (Form 1040) as a statutory employee, the amount shown on line 1 of the schedule. 4. Nontaxable combat pay, if you elect to include it in earned income. However, including this income will only give you a larger credit if your (or your spouse's) other earned income is less than the amount entered on line 3. To make the election, include all of your nontaxable combat pay in the amount you enter on line 4 (line 5 for your spouse if filing jointly). If you are filing jointly and both you and your spouse received nontaxable combat pay, you can each make your own election. The amount of your nontaxable combat pay should be shown in box 12 of your Form(s) W-2 with code Q. You can choose to include TIP your nontaxable combat pay in earned income when figuring your credit, even if you choose not to include it in earned income for the earned income credit (EIC) or the exclusion or deduction for child and dependent care benefits.

month, use the higher of $250 (or $500) or his or her actual earned income for that month. If, in the same month, both you and your spouse were either students or disabled, only one of you can be treated as having earned income in that month. For any month that your spouse was not a student or disabled, use your spouse's actual earned income if he or she worked during the month. Special rules may apply for TIP people who had to relocate because of the Midwestern storms, tornadoes, or flooding. For details, see Pub. 4492-B.

Line 9
Credit for Prior Year's Expenses
If you had qualified expenses for 2007 that you did not pay until 2008, you may be able to increase the amount of credit you can take in 2008. To figure the credit, see the worksheet under Amount of Credit in Pub. 503. If you can take a credit for your 2007 expenses, enter the amount of the additional credit and "CPYE" on the dotted line next to line 9. Add the credit to the amount on line 9 and replace the amount on line 9 with that total. Also, attach a statement to your tax return showing the name and taxpayer identification number of the person for whom you paid the prior year's expenses and how you figured the credit.

Line 4
If filing jointly, figure your and your spouse's earned income separately. Enter your earned income on line 4 and your spouse's earned income on line 5. If your spouse was a student or disabled, see the instructions for line 5. Earned income for figuring the credit includes the following amounts. 1. The amount shown on Form 1040, line 7, or Form 1040NR, line 8, minus any amount: a. Included for a scholarship or fellowship grant that was not reported to you on a Form W-2, b. Also reported on Schedule SE (Form 1040) because you were a member of the clergy or you received $108.28 or more of church employee income, c. Received for work performed while an inmate in a penal institution, and d. Received as a pension or annuity from a nonqualified deferred compensation plan or a nongovernmental section 457(b) plan. This amount may be reported in box 11 of Form W-2. If you received such an amount but box 11 is blank, contact your employer for the amount received as a pension or annuity. 2. The amount shown on Schedule SE, line 3, minus any deduction you claim on Form 1040, line 27. If you use either optional method to figure self-employment tax, subtract any deduction you claim on Form 1040, line 27, from the total of the amounts shown on Schedule SE, Section B, lines 3 and 4b. If you received church employee income of $108.28 or more, subtract any deduction you claim on Form 1040,

CAUTION

!

You must reduce your earned income by any loss from self-employment.

Special Situations
If you are filing jointly, disregard community property laws. If your spouse died in 2008, see Pub. 503. If your spouse was a full-time student or disabled in 2008, see the instructions for line 5.

Line 15
If you had an employer-provided dependent care plan, your employer may have permitted you to carry forward any unused amount from 2007 to use during a grace period in 2008. Enter on line 15 the amount you carried forward and used in 2008 during the grace period.

Line 5
Spouse Who Was a Student or Disabled
Your spouse was a student if he or she was enrolled as a full-time student at a school during any 5 months of 2008. A school does not include an on-the-job training course, correspondence school, or a school offering courses only through the Internet. Your spouse was disabled if he or she was not physically or mentally capable of self-care. Figure your spouse's earned income on a monthly basis. For each month or part of a month your spouse was a student or was disabled, he or she is considered to have worked and earned income. His or her earned income for each month is considered to be at least $250 ($500 if more than one qualifying person was cared for in 2008). If your spouse also worked during that -3-

Line 16
If you had an employer-provided dependent care plan, enter on line 16 the total of the following amounts included on line 14. · Any amount you forfeited. You forfeited an amount if you did not receive it because you did not incur the expense. Do not include amounts you expect to receive at a future date. · Any amount you did not receive but are permitted by your employer to carry forward and use in the following year during a grace period. Example. Under your employer's dependent care plan, you chose to have your employer set aside $5,000 to cover your 2008 dependent care expenses. The $5,000 is shown in box 10 of your Form W-2. In 2008,

you incurred and were reimbursed for $4,950 of qualified expenses. You would enter $5,000 on line 14 and $50, the amount forfeited, on line 16. You would also enter $50 on line 16 if, instead of forfeiting the amount, your employer permitted you to carry the $50 forward to use during the grace period in 2009.

Line 17
Add the amounts on lines 14 and 15 and subtract from that total, the amount on line 16. Enter the result on line 17.

Line 18
Enter the total of all qualified expenses incurred in 2008 for the care of your qualifying person(s). It does not matter when the expenses were paid. Example. You received $2,000 in cash under your employer's dependent care plan for 2008. The $2,000 is shown in box 10 of your Form W-2. Only $900 of qualified expenses were incurred in 2008 for the care of your 5-year-old dependent child. You would enter $2,000 on line 14 and $900 on line 18.

Line 20
If filing jointly, figure your and your spouse's earned income separately. Enter your earned income on line 20 and your spouse's earned income on line 21. If your filing status is married filing separately or your spouse was a student or disabled, see the instructions for line 21. Earned income for figuring the amount of dependent care benefits you are able to exclude or deduct from your income includes the following amounts. 1. The amount shown on Form 1040, line 7, or Form 1040NR, line 8, minus any amount: a. Included for a scholarship or fellowship grant that was not reported to you on a Form W-2, b. Also reported on Schedule SE (Form 1040) because you were a member of the clergy or you received $108.28 or more of church employee income, c. Received for work performed while an inmate in a penal institution, and d. Received as a pension or annuity from a nonqualified deferred compensation plan or a

nongovernmental section 457(b) plan. This amount may be reported in box 11 of Form W-2. If you received such an amount but box 11 is blank, contact your employer for the amount received as a pension or annuity. 2. The amount shown on Schedule SE, line 3, minus any deduction you claim on Form 1040, line 27. If you use either optional method to figure self-employment tax, subtract any deduction you claim on Form 1040, line 27, from the total of the amounts shown on Schedule SE, Section B, lines 3 and 4b. If you received church employee income of $108.28 or more, subtract any deduction you claim on Form 1040, line 27, from the total of the amounts shown on Schedule SE, Section B, lines 3, 4b, and 5a. 3. If you are filing Schedule C or C-EZ (Form 1040) as a statutory employee, the amount shown on line 1 of the schedule. 4. Nontaxable combat pay, if you elect to include it in earned income. However, including this income will only give you a larger exclusion or deduction if your (or your spouse's) other earned income is less than the amount entered on line 19. To make the election, include all of your nontaxable combat pay in the amount you enter on line 20 (line 21 for your spouse if filing jointly). If you are filing jointly and both you and your spouse received nontaxable combat pay, you can each make your own election. The amount of your nontaxable combat pay should be shown in box 12 of your Form(s) W-2 with code Q. You can choose to include TIP your nontaxable combat pay in earned income when figuring your exclusion or deduction, even if you choose not to include it in earned income for the earned income credit (EIC) or the credit for child and dependent care expenses. For purposes of line 20, earned income does not CAUTION include any dependent care benefits shown on line 14. You must reduce your earned income by any loss from CAUTION self-employment.

spouse died in 2008, see Pub. 503. If your spouse was a full-time student or disabled in 2008, see the instructions for line 5.

Line 21
If your filing status is married filing separately, see Married Persons Filing Separately on page 2. Are you considered unmarried under that rule? Yes. Enter your earned income (from line 20) on line 21. On line 25, enter $5,000. No. Enter your spouse's earned income on line 21. If your spouse was a full-time student or disabled in 2008, see the instructions for line 5. On line 25, enter $2,500.

Line 26
Include your deductible benefits in the total entered on Schedule C, line 14; Schedule E, line 18 or line 28; or Schedule F, line 17; whichever applies. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by Internal Revenue Code section 6103. The average time and expenses required to complete and file this form will vary depending on individual circumstances. For the estimated averages, see the instructions for your income tax return. If you have suggestions for making this form simpler, we would be happy to hear from you. See the instructions for your income tax return.

! !

Special Situations
If you are filing jointly, disregard community property laws. If your

-4-