Depn Care-2 employers, $5,000 limit

[Guest Ladybug]

I know there is a law specifying the details but I can't seem to find it. An employee and the spouse both have dependent care spending account available thru their employers. I am sure they can not both sign up for $5,000 thru each employer with $10,000 pre-tax for the year, but are the limits? Can someone help me find the regs on this?

Thanx,

[Michael Devault]

This is covered in Internal Revenue Code section 129(a). To the best of my knowledge, the Treasury hasn't issued regulations on this section yet. However, there's a lot of good information in IRS' Publication 503.

Good luck!

[Lisa Hand]

The $5,000 maximum is per family for married, filing jointly and head of household. The maximums are different for married, filing separately and if one spouse is a full-time student.