All Things Tax

All Things Tax

Like the title says, from the filing process and tax questions to tax policy and reform, you can search and share All Things Tax here. This is the place to find answers to all your general questions that don't fall under the other categories. And just a reminder: questions about software or online filing should be posted in DIY Products.

Posts: 1
Registered: ‎01-12-2018

Daycare doesnt want us to claim the tax credit

Our daycare provider is an "In Home" unlicensed provider in her personal residence. It is legal because she only provides for a single family. She and her husband want us to not claim the paid childcare expenses for some reason. I tried explaining that we needed to either claim the tax credit or provide her with a 1099 for what we paid her for the year. All payments were made by check so it is very visible on both sides. I explained that if either of us are audited it will lead back to her. We paid WELL over the $600 threshold. I believe their reasoning is to avoid paying taxes on her daycare income. I do not know the best course of action.

Posts: 72
Registered: ‎01-12-2018

Re: Daycare doesnt want us to claim the tax credit

You can still claim the credit but will have to mail your return in. Document all attempts at getting her SSN or EIN. You might want to mail her a certified letter with return receipt to prove that you tried everything possible and keep copies of the checks that you paid her.

Trusted Council Member
Posts: 6,191
Registered: ‎02-23-2016

Re: Daycare doesnt want us to claim the tax credit

Hi andrewtp,




Welcome to the H&R Block community.


You should definitely claim the dependent care credit for the expenses you paid.  There is a very specific procedure that you have to follow in order to do so though when the provider won't give you the necessary documentation.


Here's what you must do per the IRS:

  • Send the provider Form W-10 requesting their tax ID number or social security number and their other information.
  • Use certified mail or a shipping service with tracking so that you can prove the date and time of delivery, or somehow document the date and time of delivery so that there is a record of it.
  • Wait at least 10 business days for a reply.
  • If you still have not received a reply after the tenth business day then attach a copy of Form W-10 filled out to the best of your ability to your tax return along with a statement of explanation of the situation and mail your tax return to the IRS.





It may take a little bit longer than normal to process your tax return, but you'll get the credit.  If you get to the last step, don't worry if you can't fill in Form W-10 completely.  The IRS will fill in the blanks.




If you have any other questions I'll be glad to help.



Senior Tax Advisor (Tampa, FL)