Schedule OR-WFHDC Instructions 2023 Oregon Working Family Household and Dependent Care Credit your filing status is married filing separately, you may Introduction qualify in certain circumstances. See “Married persons filing separately” on page 4. The Oregon working family household and dependent 3. The care is for one or more qualifying individuals. care (WFHDC) credit is a refundable credit available to 4. The person who provided the care isn't your spouse, the low- and middle-income working families with qualifying parent of your qualifying individual, or a person whom expenses for household services or dependent care. You you can claim as a dependent. If your child provided the must have paid qualified expenses for one or more qualify- care, they must have been age 19 or older by the end of ing individuals (generally a dependent under age 13, or any 2023 and can’t be your dependent. disabled dependent or spouse) so you (and your spouse, if 5. Form OR-40 filers, your adjusted gross income (AGI) on filing jointly) could work, look for work, or attend school. Form OR-40, line 7, is less than the limit for your house- The expenses can’t exceed $12,000 for one qualifying indi- hold size. Forms OR-40-N and OR-40-P filers, the greater vidual, or $24,000 for two or more; and they can’t exceed of your federal AGI on Form OR-40-N or Form OR-40-P, your earned income if filing as single, or the lesser of each line 29F, or your Oregon AGI on Form OR-40-N or Form spouse’s earned income if filing jointly. For part-year and OR-40-P, line 29S, is less than the limit for your household nonresidents, this credit is prorated based upon your Oregon size. percentage, line 35, on Form OR-40-N or Form OR-40-P. Read the instructions below to see if you qualify, then com- Household size AGI limit plete Schedule OR-WFHDC. You must include this schedule 2 $59,160 with your return to claim the credit. 3 $74,580 4 $90,000 The WFHDC credit is tied to Internal Revenue Code (IRC) 5 $105,420 Section 21 (federal child and dependent care credit) with a few exceptions. You will need to fill out federal Form 2441, 6 $120,840 Child and Dependent Care Expenses, in order to complete 7 $136,260 this schedule, even if you don’t claim the federal child and 8 or more $151,680 dependent care credit. You will need access to our WFHDC online calculator or Definitions Publication WFHDC-TB to complete the credit computation. Both can be found at www.oregon.gov/dor. If you don’t have Qualifying individual access to the internet, contact us. See “Do you have questions A qualifying individual is: or need help?” at the end of these instructions. 1. A qualifying child under age 13 whom you can claim as a Read these instructions carefully. A penalty of up to 25 dependent. If the child turned 13 during the year, they are percent of the amount claimed may be charged if you a qualifying individual for the part of the year they were knowingly claim or knowingly assist someone in claiming under 13. If you were divorced or separated, see “Special this credit falsely. The penalty is in addition to the credit rule for children of divorced or separated parents” below. being adjusted or denied. 2. Your disabled spouse who wasn’t physically or mentally capable of self-care and lived with you for more than half General information of the year. 3. Any disabled person who lived with you for more than You can claim this credit if all of the following are true: half of the year, wasn’t physically or mentally capable of self-care and could be claimed as your dependent, or 1. You incurred dependent care expenses so you (and your could be claimed as your dependent except: spouse, if filing jointly) could work or look for work. How- ever, if you looked for work but didn’t find employment, a. They had gross income of $4,700 or more; and you (including your spouse, if filing jointly) don’t have b. They filed a joint return; or earned income for the year, you can’t claim the credit. The c. You (or your spouse, if filing jointly) could be claimed expenses may be allowed if you (or your spouse, if filing as a dependent on another taxpayer’s 2023 return. jointly) qualify as a disabled individual or a student. Refer Special rule for children of divorced or separated parents. to the “Disability” section on page 2 and the “Attending Even if you can’t claim your child as a dependent, they are school” section on page 3. treated as your qualifying individual if: 2. Your filing status is single, head of household, qualifying surviving spouse, or married filing jointly. However, if • The child was a qualifying individual; and 150-101-195-1 (Rev. 10-12-23) Schedule OR-WFHDC Instructions, Page 1 of 8 |
• You were the child’s custodial parent. The custodial par- must be working, looking for work or attending school at the ent is the parent with whom the child lived for the greater time the expenses were incurred for the expenses to qualify. number of nights during 2023. If the child was with each Generally, if you worked or actively looked for work during parent for an equal number of nights, the custodial par- only part of the period in which you incurred the expenses, ent is the parent with the higher AGI. For details and an you must figure your expenses for each day worked. How- exception for a parent who works at night, see federal ever, there are special rules for temporary absences or part- Publication 501. time work. See IRS Publication 503 for more information. The noncustodial parent can’t treat the child as a qualifying Note: You may be asked for proof that you worked or looked individual even if that parent is entitled to claim the child as for work. You can provide time sheets and pay stubs to show a dependent under the special rules for a child of divorced when you were working. You can show your efforts to find or separated parents. work with written communication from prospective employ- Example 1. Hilda and Roberto are divorced with two chil- ers, as well as details about where and when you applied for dren. The children live with Hilda in her home for more than work and the results. half of the year. The children stay with Roberto on certain You may include only the expenses you actually paid. Your weekends, holidays, and one month during the summer. actual expenses can include up to $5,000 ($2,500 if mar- Hilda pays child-care expenses for 11 months during the ried filing separately) of pre-tax dependent care benefits year. Roberto pays child-care expenses for the one month described under IRC Section 129. For the purposes of the in the summer when the children are with him. Hilda WFHDC credit, the following dependent care benefits are releases the exemption for one child to Roberto. Only Hilda considered as being paid by you: may claim the WFHDC credit because the children are her • Amounts the employer paid directly to you or to the care qualifying individuals. Roberto may not claim the WFHDC provider for the care of the qualifying individual(s) while credit for the month he had the children and worked because you worked; he doesn’t have a qualifying individual. • The fair market value of care in a daycare facility provided Example 2. Jaxon and Brenda live together but aren’t mar- or sponsored by the employer; and ried. They have a child together who lives with them. Based • Pre-tax contributions you made under a dependent care upon the special rules for divorced or separated parents, flexible spending arrangement (FSA). Jaxon qualifies to claim the child as a qualifying individual Note: The dependent care benefits will be included in the (even if he decides to let Brenda claim the child as a depen- total expenses you paid; however, the expense limitation dent). Jaxon will include the child in his household size ($12,000 for one qualifying individual or $24,000 for two or calculation; Brenda will not. They can't split the exemption more qualifying individuals) will be reduced by the pre-tax or WFHDC credit. amount (line 17). You can’t claim expenses that are paid by someone else, such Disability as a state assistance agency, family member, or the child’s An individual is disabled if they are physically or mentally other parent. incapable of self-care as a result of a physical or mental Qualified expenses don’t include amounts you paid for: impairment that causes the individual to be incapable of caring for their hygiene or nutritional needs, or requires • Public or private school (K–12). full-time attention of another person for their own safety or • Summer school or tutoring. the safety of others. • Sports. • Overnight camps. The inability of an individual to engage in any substantial • Child support payments. gainful activity or to perform the normal household functions • Food, lodging, gas, or supplies. of a homemaker or care for minor children by reason of a • Late payments and most fees (see federal Publication 503 physical or mental impairment doesn’t by itself establish that for more information). the individual is physically or mentally incapable of self-care. For expenses for after-school activities and boarding school, If you are disabled, you may still qualify for the credit even only the portion that is for dependent care is eligible for this if you had no earned income. See the "Earned Income" sec- credit. The dependent care portion of the expenses must be tion on page 4. listed separately to qualify. Medical expenses. Qualified expenses If you itemized your deductions for Oregon, some disabled spouse and dependent care Qualified expenses include amounts you paid for house- expenses may qualify as medical expenses. You can use hold services and care of the qualifying individual(s) while these expenses for either the WFHDC credit or as a medical you worked or looked for work. The expenses may also be expense deduction, but not both. If your expenses qualify allowed if you (or your spouse, if filing jointly) attended as both, see the instructions for Schedule OR-A for more school. If your filing status is married filing joint, both of you information. 150-101-195-1 (Rev. 10-12-23) Schedule OR-WFHDC Instructions, Page 2 of 8 |
Provider • Money order stub, along with a corresponding bank state- ment showing the withdrawal. A provider is an individual or organization that provides • Cashier’s check, along with a corresponding bank state- household services or care for the qualifying individual. ment showing the withdrawal. The person who provided the care can’t be your spouse, the • Duplicate check, along with a corresponding bank state- parent of your qualifying individual, or a person whom you ment showing the withdrawal. can claim as a dependent. If your child provided the care, • Bank statement showing the cash withdrawal, along with they must be age 19 or older by the end of 2023, and they receipts or detailed year end statement. can’t be your dependent. • Electronic history report or statement showing money was sent by you, to whom it was sent and indicate what If the provider is a dependent care center, the center must the payment was for. meet all applicable state and local regulations. A dependent care center is a place that provides care for more than six Acceptable receipts must be received at the time of pay- people (other than people who live there) and receives a fee, ment, must match the proof of payment, and must include payment, or grant for providing services for any of those the following: people, even if the center isn’t run for profit. • Qualifying individual’s full name. • Dates of care. Household services • Date and amount paid. Household services are services needed to care for the quali- • Name of the person or agency paying. • Provider’s name, address, and phone number. fying individual, as well as to run the home. They include, • Provider’s SSN, individual taxpayer identification number but aren’t limited to: the services of a cook, maid, babysitter, (ITIN), or federal employer identification number (FEIN). housekeeper, or cleaning person if the services were partly • Method of payment (check, money order, cash, etc.). for the care of the qualifying individual. Don’t include ser- vices of a chauffeur or gardener. You can also include your If you have more than one qualifying individual, be sure the share of the employment taxes paid on wages for qualifying information is listed separately for each. child and dependent care services. Important: We may ask that your provider fill out Form OR-PS to verify the amount you paid. Documents provided Care of the qualifying individual won’t be returned. Ask for a signed receipt from your pro- Care includes the cost of services for the qualifying indi- vider each time you pay for care. vidual’s well-being and protection. It doesn’t include the Example 3. Mary has two children and works full-time. cost of food, lodging, education, clothing, or entertainment. Mary’s friend, Connie, is her child-care provider. Mary pays You can include the cost for care provided outside your Connie $500 a month in cash. During the processing of her home for your dependent child or for any other qualifying tax return, Mary was asked for proof of expenses. She didn’t individual who regularly spends at least eight hours a day provide receipts or other proof of payment, so her credit was in your home. denied. Mary filed a written objection and provided receipts that Connie filled out after the credit denial. Mary can’t be You can include amounts paid for items other than the care allowed the credit because the receipts weren’t provided to of your child (such as food and schooling) only if the items her at the time of payment and she has no other proof that are incidental to the care of the child and can’t be separated she paid Connie. from the total cost. You can include the cost of a day camp, even if it specializes in a particular activity, such as com- Submitting proof of qualified expenses. If we ask for proof puters or soccer. See "Qualified expenses" in the definition of your qualified expenses, you can submit your documents section for more information on what can be included. online. Visit www.oregon.gov/dor and look for Revenue Online. You also have the option to mail your documents. Proof of qualifying individual’s care expenses Follow the instructions included in the letter requesting the information. You must be able to prove that you paid qualified expenses in order to claim this credit. Legible proof of both the pay- Attending school ment and the receipt are required for each expense paid. You (and/or your spouse, if filing jointly) are considered a Note: The level of evidence we require increases when pay- student if you enrolled and attended school as a full or part- ments are made in cash or when the provider is a relative time student in a degree-seeking program and qualified for or someone with whom you have a personal relationship financial aid. A school doesn’t include an on-the job training with, such as a friend. Those who pay child-care expenses course, correspondence school, training center or a school by check are generally better able to prove that they paid the offering courses only through the internet. We may request expenses claimed. Acceptable proof of payment includes, a copy of your school records. but isn’t limited to: You may still qualify for the credit even if you had no earned • Cancelled check (front and back). income. See the "Earned Income" section below. 150-101-195-1 (Rev. 10-12-23) Schedule OR-WFHDC Instructions, Page 3 of 8 |
In order to qualify as a student, your Oregon AGI on Form of this credit and may claim the credit if all other credit OR-40, line 7, must be less than the limit for your household requirements are met: size. Forms OR-40-N and OR-40-P filers, the greater of your • You lived apart from your spouse for the last six months federal AGI on Form OR-40-N or Form OR-40-P, line 29F, or of 2023; your Oregon AGI on Form OR-40-N or Form OR-40-P, line • Your home was a qualifying individual’s main home for 29S, must be less than the limit for your household size. more than half of 2023; and Household size AGI limit • You paid more than half of the cost of keeping up that home for 2023. 2 $21,692 See IRS Publication 501 for information and a worksheet for 3 $27,346 keeping up a home. Note: We may ask for proof that your 4 $33,000 qualifying individual lived with you or that you and your 5 $38,654 spouse lived apart. 6 $44,308 Example 4. Andrew separated from his spouse in March. 7 $49,962 He isn’t separated under a divorce decree or separate main- 8 or more $55,616 tenance agreement. Andrew maintains a home for himself and Logan, his disabled brother. Logan is permanently and totally disabled and goes to an adult care center while Financial aid. You must have qualified to receive financial Andrew is at work. aid as either a full-time or part-time student. However, to qualify, you are not required to have received the financial Andrew can’t claim Logan as a dependent because Logan’s aid. If you do not qualify for financial aid, you cannot claim gross income is more than $4,700. Because Andrew isn’t able to claim Logan as a dependent, and he is still married as of WFHDC for the dependent care expenses when you were the end of the year, he can’t use the head of household filing attending school. status. Andrew will instead file as married filing separately. For more information, see Schedule OR-WFHDC-ST Andrew is able to claim the credit with Logan as his qualify- Instructions. ing individual, even though Andrew uses the married filing separately filing status, because: Earned income • He didn’t live with his spouse for the last six months of Generally, the earned income amounts for the WFHDC the year; credit are tied to IRC Section 21. Earned income amounts • He has maintained a home for himself and Logan (a are reported on federal Form 2441, lines 4 and 5. If you did qualifying individual) since he separated from his spouse not qualify for the federal credit because of your non-taxable in March; dependent care benefits, your earned income amounts are • He maintains his own household and provides more than reported on Form 2441, lines 18 and 19. half of the cost of maintaining that home for himself and Forms OR-40-N and OR-40-P filers, only consider the Logan; and amounts that are taxable to Oregon when calculating your • Andrew pays an adult care center to care for Logan to earned income. Earned income taxable to Oregon includes allow him to work. income earned while working in Oregon as a nonresident plus all earned income earned while a resident (if applicable), Form instructions unless the income is exempt from Oregon tax. Your earned income must be greater than $0 to claim this You must complete the entire schedule and submit it with credit unless you (or your spouse, if filling jointly) qualify your Oregon return. Failure to include a completed schedule as a student or are disabled. may result in both a delay and denial of your WFHDC credit. Your refund may take longer to process when claiming Disabled. If you’re married filing jointly and you or your this credit. spouse were disabled, you may count $250 ($500 if two or more qualifying individuals were cared for) per month Check the boxes towards earned income for each month or portion of a month Attending school. Check this box if you or your spouse, if that the qualifications for being disabled are met. These filing jointly, qualify as a student and paid care expenses amounts are already included in federal Form 2441, lines while attending school. We may request a copy of your 4 and 5 or lines 18 and 19. Only one spouse may qualify as school records. For requirements, see “Attending school” in being disabled each month. the definition section. Married persons filing separately. Generally, married per- Disabled. Check this box if you’re married and either you sons must file a joint return to claim the WFHDC credit. If or your spouse weren’t physically or mentally capable of your filing status is married filing separately and all of the self-care. Only one spouse can qualify as disabled. The following apply, you’re considered unmarried for purposes other spouse must still work or be looking for work. We 150-101-195-1 (Rev. 10-12-23) Schedule OR-WFHDC Instructions, Page 4 of 8 |
may request proof of the disability. For requirements, see Section 2—Qualifying individuals “Disability” in the definition section. List each qualifying individual in order from youngest to Example 5. Jean and Glen are married and have three chil- oldest. Enter their full name, SSN or ITIN, relationship to dren in child care. Jean works full time and Glen doesn’t you (using the codes from the relationship code table), and work or attend school and is receiving disability payments. date of birth. Check the box if the qualifying individual is Despite his disability, Glen is physically and mentally able to care for himself. Jean and Glen can’t claim this credit for disabled. Don’t list anyone who isn’t a qualifying individual their child-care expenses because Glen didn’t work, look even if you paid for their care. for work, or go to school; and he is able to care for himself. If you have more than three qualifying individuals, fill out Section 1—Providers and include an additional page 3 of Schedule OR-WFHDC. Add the totals from the additional page onto lines 8, 9, and Enter the provider's full name or business name and com- 10 of the original page 4. plete address. Enter the rest of the provider’s information. Lines 5h, 6h, and 7h. If you have more than three providers, fill out and include Enter the total amount of expenses paid an additional page 2 of Schedule OR-WFHDC. Add the total for each qualifying individual in lines 5h, 6h and 7h. Include from the additional page onto line 4 of the original page 2. all expenses that would be considered a qualified expense even if you didn’t pay for them yourself. Provider’s SSN, ITIN, or FEIN. You must enter your pro- vider’s Social Security Number (SSN) or Individual Taxpayer Lines 5i, 6i, and 7i. Enter the portion of expenses that were Identification Number (ITIN) in the “Provider’s SSN” box or paid by someone else on your behalf, such as the Employ- enter the Federal Employer Identification Number (FEIN) in ment Related Day Care program, a family member, the the “Provider’s FEIN” box. child’s other parent, etc. If the provider is a tax-exempt organization, leave these two Lines 5j, 6j, and 7j. Enter the portion of total expenses that boxes blank and have the provider fill out federal Form W-10. you If you file electronically, submit federal Form W-10 with paid or that were deducted from your salary. These are the Oregon return or as a PDF attachment. If you don’t file your qualified expenses (see page 2). electronically, include federal Form W-10 with your return Limitation on qualified expenses. Enter the maximum and keep a copy with your records. amount of expenses that will be allowed on line 16. Enter Provider’s phone. Enter a daytime phone number for the $12,000 for one qualifying individual or $24,000 for two or provider. We need a current phone number to contact the more qualifying individuals. provider; otherwise, your refund may be delayed. The limit doesn’t need to be divided equally between the Qualifying individual to provider relationship code. qualified individuals. For example, if you paid $2,000 for the Identify the relationship of the qualifying individual to the care of one qualifying individual and $13,000 for the care provider using the code from the relationship code table. of another qualifying individual, you can use the total of Amount you paid to provider. Enter the total amount of $15,000 to figure your credit. It’s also possible one qualifying qualified expenses (see page 2) you paid in 2023 to the pro- individual could have no expenses and a second qualify- vider. Don’t include amounts someone else paid for you. ing individual could have expenses exceeding $12,000. You should list 0 for the first qualifying individual and the actual Relationship code table amount for the second qualifying individual. The $24,000 Title Code Relationships included limit is still used to figure your credit. Son/Daughter SD Son, daughter, adopted child. Example 6. Lois works for a company that offers dependent Stepchild SC Stepson, stepdaughter. care benefits. She contributes $4,000 pre-tax to a flexible Foster child FC Foster child. spending arrangement. Lois’s employer reports the $4,000 of Sibling SB Brother, sister, half‑brother, dependent care benefits in box 10 of her W-2. Lois also paid half‑sister, stepbrother, stepsister, $1,000 with after-tax dollars for qualified expenses. Lois will brother‑in‑law, sister‑in‑law. enter $5,000 on line 5h for the total expenses. She will enter Parent PT Father, mother, stepfather, $0 on line 5i and $5,000 on line 5j for the amount she paid. stepmother, father‑in‑law, mother‑in‑law. Example 7. Thalia receives government assistance to pay Spouse SP Husband, wife. her child-care expenses. The child-care provider charges Grandparent GP Grandmother, grandfather. Thalia $600 per month to care for her qualifying child. Of the $600 per month, the state paid $450, and Thalia paid a Grandchild GC Grandson, granddaughter. co-pay of $150. Thalia’s credit will only be based upon the Aunt/Uncle AU Aunt, uncle. amount she paid herself. Thalia will enter $7,200 ($600 x 12) Niece/Nephew NN Niece, nephew. on line 5h for the total expenses paid. She will enter $5,400 Other relative OR Son‑in‑law, daughter‑in‑law, cousin, ($450 x 12) on line 5i for the state assistance that was paid etc. on her behalf. She will enter $1,800 ($150 x 12) on line 5j for No relation NR Any other qualifying individual. the amount she paid. 150-101-195-1 (Rev. 10-12-23) Schedule OR-WFHDC Instructions, Page 5 of 8 |
Example 8. Wally and Donna are married and have two chil- Line 14. Enter the number of people you claimed on your tax dren, Amy and Jim. Wally works full time. Donna is unable return who didn’t live with you in your home for more than to work because of an illness that renders her physically half of 2023. A person can’t be counted in the household size and mentally unable to care for herself. A home care worker calculation on more than one return. comes to their home daily to take care of Donna while Wally Example 10. Eduardo and Paula are unmarried and are the is at work. Wally and Donna pay $750 a month for child care parents of two children: Vivian and Nicolas. They maintain ($450 per month for Amy’s care and $300 per month for Jim’s separate households and have joint custody of the children. care). They also pay $800 a month for Donna’s care. Because the children live with Paula more than half the year, Wally and Donna will enter $5,400 ($450 x 12) on lines 5h and they are her qualifying individuals even though she releases 5j for Amy’s care. They will enter $3,600 ($300 x 12) on lines the exemption for Vivian and allows Eduardo to claim her 6h and 6j for Jim’s care. They will enter $9,600 ($800 x 12) instead. Only Paula may claim the credit based on the child- on lines 7h and 7j for Donna’s care. For their total qualified care expenses she paid because she is the custodial parent. expense on line 8 and line 10, they will enter $18,600 ($5,400 Paula’s household size is three (herself and both children). + $3,600 + $9,600). She will enter “2” on line 11, “1” on line 12, and “3” on lines If you paid for the expenses in a different year than the 13 and 15. care was provided, claim the credit in the later year in Example 11. Justin and Cortney have never been married which expenses were paid or care was provided. See below and have two children: Kyle, who lives with Justin all year, to ensure you claim the credit in the correct tax year. and Michael, who lives with Cortney all year. In the summer, each child spends one month with the child’s other parent • If the expenses were paid in 2022 for care provided in 2023, and sibling. Both Kyle and Michael live with Justin in July claim the expenses in 2023. and both children live with Cortney in August. In addition • If the expenses were paid in 2023 for care provided in to the child care for the child that lives with them, each par- 2022, see the instructions for line 28 (under the Section 4 ent also has daycare expenses during those months where instructions). both children are living in the parent’s home. • If the expenses were paid in 2023 for care provided in 2024, claim the expenses in 2024. Justin may claim one qualifying individual because Kyle • If the expenses were paid in 2024 for care provided lives with him. He may claim the expenses he paid for in 2023, claim the expenses in 2024, using Schedule Kyle. He may not claim the child-care expenses he paid for OR-WFHDC-PR. Michael because Michael is Cortney’s qualifying individual, not Justin’s. Cortney may claim one qualifying individual Example 9. In December 2023, Jayne pays for the care of her because Michael lives with her. She may claim the expenses disabled mother, who qualifies as her dependent, for the she paid for Michael, but she may not claim the child-care services that will be provided in January 2024. Jayne may expenses she paid for Kyle because Kyle is Justin’s qualifying only claim these expenses in 2024, the later of the years in child. Justin and Cortney each have a household size of two. which the expenses are paid or the services are performed. They will each enter “2” on lines 11, 13, and 15. Example 12. Jessica and Jay have three qualifying children. Section 3—Household size calculation They also support Jay’s parents who live in Mexico. They Lines 11–15. Generally, your household size is the number of claim seven exemptions on their tax return. Jessica and Jay’s people who qualify as your dependents and can be claimed household size is five, because only five individuals live in as an exemption on your 2023 Oregon tax return, who are their home. They will enter “7” on lines 11 and 13, “2” on related to you by blood, marriage, or adoption, and live in line 14, and “5” on line 15. your home. Example 13. Dominic and Quentin are brothers. They live Household size can include your child for whom you have together with their disabled mother, Jenny. Jenny’s care primary custody, even if you allowed the child’s other par- expense for the year is $4,600. Dominic and Quentin each ent to claim the exemption on their tax return. It can also pay half of the care expense. Either Dominic or Quentin can include disabled qualifying individuals who are not related claim the dependency exemption for Jenny, but not both. to you or whom you couldn’t claim on your return because: They agree that Dominic will claim Jenny as his qualifying individual; therefore, Quentin can’t claim her. Dominic may • They had gross income of $4,700 or more; or claim the WFHDC credit based on $2,300 of care expenses • They filed a joint return; or he paid, and a household size of two. Even though Quentin • You (or your spouse, if filing jointly) could be claimed as paid for care, he may not claim the WFHDC credit because a dependent on another taxpayer’s 2023 return. Jenny isn’t his qualifying individual. Household size can also include your spouse, if you: Section 4—Computation of credit • Filed a joint federal return; • Filed separately for Oregon because your residency status Line 16. If you’re claiming one qualifying individual, enter is different; and $12,000. If you’re claiming two or more qualifying individu- • Lived together for the majority of the year. als, enter $24,000. 150-101-195-1 (Rev. 10-12-23) Schedule OR-WFHDC Instructions, Page 6 of 8 |
Line 17. Enter the amount of dependent care benefits as imputed income for your spouse for reported on federal Form 2441, line 28. Use this amount even being disabled. 2. __________ if you didn’t claim the federal child and dependent care 3. Line 1 minus line 2. This is your spouse's credit on your federal return. If this amount is more than earned income. Enter this amount here line 16, you can't claim this credit. and on Schedule OR-WFHDC, line 21. 3. __________ Line 20 and 21. If filing jointly, figure your and your Line 23. Your credit percentage is based upon your spouse’s earned income separately. On line 20, enter your household size (line 15), your AGI, and the birthdate of earned income as reported on federal Form 2441, line 4. If your youngest qualifying individual. Form OR-40 filers, you did not qualify for the federal credit because of your your AGI is the amount on Form OR-40, line 7. Forms non-taxable dependent care benefits, use the earned income OR-40-N and OR-40-P filers, your AGI is the larger of amount from Form 2441, line 18. Don’t enter any amount less line 29F or line 29S on your Form OR-40-N or OR-40-P. than zero. If you were a student, use the Student imputed To determine this percentage, use our WFHDC online calcu- income worksheet below. lator or Publication WFHDC-TB. You can find the publica- On line 21, if you are filing jointly, enter your spouse’s tion at www.oregon.gov/dor or you can contact us to order it. earned income from federal Form 2441, line 5. If you did not qualify for the federal credit because of your non-taxable Line 25. If you (or your spouse if married filing jointly) are dependent care benefits, use the earned income amount a qualifying student (see Attending School section above), from Form 2441, line 19. Don’t enter an amount less than complete Schedule OR-WFHDC-ST. Enter the amount from zero. If your spouse was a student, use the Student spouse Schedule OR-WFHDC-ST, line 34. Otherwise, enter 0. imputed income worksheet below. If you aren’t filing jointly, Line 27. Form OR-40 filers, enter the amount from line 26. enter the amount from line 20 on line 21 also. Forms OR-40-N and OR-40-P filers, multiply the amount on Students. If you (or your spouse, if filing a joint return) were line 26 by your Oregon percentage (Form OR-40-N or Form a full-time student for some part of 5 calendar months dur- OR-40-P, line 35). The amount on line 27 will never be more ing the tax year, you are allowed to add $250 (or $500 if you than the amount on line 26. have two or more qualifying persons) per month in imputed Line 28. If you had qualified expenses for 2022 that income to the amounts listed on federal Form 2441, lines 4 or you didn’t pay until 2023, you may be able to 5. (See the instructions for federal Form 2441 for more infor- increase the amount of credit you can take in 2023. mation.) If you or your spouse added this imputed income To determine your eligibility, complete Schedule to federal Form 2441, lines 4 or 5, complete the applicable OR-WFHDC-PR, then enter the result on line 28. Keep Sched- worksheet(s) below to determine the amount you must claim ule OR-WFHDC-PR with your records. on Schedule OR-WFHDC, lines 20 and 21. Example 14. In 2022, Jan and Steve had child-care expenses Student imputed income worksheet: of $4,600 for their disabled 10-year old child. Of the $4,600, 1. Enter the earned income reported on they paid $4,000 in 2022 and $600 in 2023. Their AGI for 2022 was $52,000. Steve’s earned income of $20,000 was less than Form 2441, line 4 (or if applicable, Form Jan’s earned income. Their 2022 WFHDC percentage was 2441, line 18). 1. __________ 0.30 (30 percent). A credit for their 2022 expenses paid in 2023 2. Enter the amount of imputed income wasn't allowed for tax year 2022. It is allowed for the 2023 for being a student that was included tax year, but they must use their 2022 WFHDC percentage on Form 2441, line 4 (or if applicable, and AGI to compute the amount. Form 2441, line 18). Do not enter imputed Jan and Steve will enter $180 ($600 x 0.30) on Schedule OR- income for being disabled. 2. __________ WFHDC-PR , line 13 and on Schedule OR-WFHDC , line 28. 3. Line 1 minus line 2. This is your earned income. Enter this amount here and on Example 15. This is the same scenario as Example 14, except Schedule OR-WFHDC, line 20. 3. __________ Jan and Steve are part-year Oregon residents. Their 2022 fed- eral AGI was $52,000 and their 2022 Oregon AGI was $41,600. Student spouse imputed income worksheet: Their Oregon percentage is 0.8 (80 percent). 1. Enter the earned income reported on Form Jan and Steve will enter $144 ($600 x 0.30 x 0.8) on line 15 2441, line 5 (or if applicable, Form 2441, of Schedule OR-WFHDC-PR, line 15 and on Schedule OR- line 19). 1. __________ WFHDC, line 28. 2. Enter the amount of imputed income Line 29. Add lines 27 and 28. This is your WFHDC credit for your spouse for being a student that amount. Form OR-40 filers, enter the result on Schedule OR- was included on Form 2441, line 5 (or if ASC, Section F, using code 895. Form OR-40-N or OR-40-P applicable, Form 2441, line 19). Don't enter 150-101-195-1 (Rev. 10-12-23) Schedule OR-WFHDC Instructions, Page 7 of 8 |
filers, enter the result on Schedule OR-ASC-NP, Section H, • Schedule OR-WFHDC-ST Instructions, Oregon Working using code 895. Family Household and Dependent Care Credit for Students instructions. • Schedule OR-WFHDC-CL, Due Diligence Checklist for Penalty Claiming the Working Family Household and Dependent Care You may be charged a penalty if you knowingly claim or (WFHDC) credit. knowingly assist someone in claiming this credit falsely. The • Federal Form 2441, Child and Dependent Care Expenses, and penalty is up to 25 percent of the amount claimed and is in instructions. addition to the credit being adjusted or denied. • Federal Form W-10, Dependent Care Provider’s Identification and Certification. If you assist someone in claiming this credit, complete • Federal Publication 503, Child and Dependent Care Expenses. Schedule OR-WFHDC-CL.This checklist can be found at • Federal Publication 501, Exemptions, Standard Deduction, www.oregon.gov/dor/forms. You are responsible for review- and Filing Information. ing the supporting documentation to verify credit eligibility and for asking clarifying questions to ensure false informa- tion isn’t supplied. Also, inform the taxpayer a penalty may Do you have questions or need help? be assessed if they knowingly claim the credit falsely. www.oregon.gov/dor 503-378-4988 or 800-356-4222 Additional resources questions.dor@ dor.oregon.gov For additional information refer to the following publications: Contact us for ADA accommodations or assistance in other languages. • Schedule OR-WFHDC-ST, Oregon Working Family Household and Dependent Care Credit for Students form. 150-101-195-1 (Rev. 10-12-23) Schedule OR-WFHDC Instructions, Page 8 of 8 |