My husband and I just realized that we both contributed to our employer's Dependent Care FSA for 2014. He put in the maximum allowed $5,000 and I put in $3,600 for a total of $8,600. Unfortunately, we realized this after our benefits deadline for for 2014. We are worried that we will lose the excess $3,600 contributed. I have read in older posts that we should claim all of the $8,600 thru FSA and add the $3,600 to our gross income W2 claims for 2014. This would avoid any penalty. Is this correct or will we lose the $3,600? Any advice is appreciated.


Yes, you'll be able to get the money by submitting legitimate receipts for care for your child, and at tax time you'll pay the tax on the extra $3600.

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  • Thanks. Do you know if there will be any penalty other then paying the taxes on the $3,600? I was so worried we'd be out the entire excess amount. – New user 5 Dec 22 '13 at 21:36
  • If I'm not mistaken, DCA may be taken out of income pre-FICA as well as pre income tax. If that's right, the tax return will add that back in, so an extra 7.5%. No penalty, just the tracking and submitting to get your money back. – JTP - Apologise to Monica Dec 23 '13 at 2:28

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